Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain the following coverages in the 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 (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less. 10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliate, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 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.
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Samples: Office Lease (Dermavant Sciences LTD), Office Lease (Dermavant Sciences LTD)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain the following coverages in the 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 (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual general liability insurance covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s 's operations, occupancy or maintenance and contractual liabilities (covering the performance by Tenant of its indemnity agreements) including a Broad Form endorsement covering the insuring provisions of this Lease and the performance by Tenant of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliate, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance indemnity agreements set forth in Section 10.1 of all of Tenant’s indemnity obligations under this Lease. The , for limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: than:
10.3.1.1 Bodily Injury and $ Property Damage Liability $5,000,000 each occurrence Property Damage Liability $5,000,000 annual aggregate Personal Injury and Advertising Liability $ $5,000,000 each occurrence Tenant Legal Liability/Damage to Rented $ 500,000.00 Premises Liability$5,000,000 annual aggregate with no deductible
10.3.2 All Risk" 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 's 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 a Phase as of the applicable Lease Commencement Date (excluding the Base Building) (the “"Original Improvements”"), and (iii) all Alterations performed in other improvements, alterations and additions to the PremisesPremises made for or on behalf of Tenant. Such insurance shall be written on a Special Form 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 (a) all perils included in the CP 10 30 04 02 Coverage Special Form, and (b) water damage from any cause whatsoever, 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, leaking bursting or stoppage of any pipes, and explosion, and backup providing business interruption coverage for a period of one year.
10.3.3 Worker's Compensation pursuant to all applicable state and local statutes and regulations; and Employer's Liability with a limit of $1,000,000 each occurrence.
10.3.4 Business interruption, loss of income and extra expense insurance in amounts sufficient to pay for Tenant's expenses and lost income attributable to perils commonly insured against by prudent tenants or overflow from sewers or drainsattributable to prevention of access to the Premises as a result of such perils.
Appears in 1 contract
Samples: Office Lease (C3.ai, Inc.)
Tenant’s Insurance. Throughout Tenant shall obtain and maintain in full force and effect throughout the Lease Term, at Tenant’s expense, the following insurance:
(A) Commercial general liability (CGL) and, if necessary, commercial umbrella insurance, with liability limits of not less than $5,000,000 combined single limit coverage. If such CGL insurance contains a general aggregate limit, it shall apply separately to the Premises. Such CGL insurance shall be provided pursuant to a stand-alone policy or as part of a commercial aviation liability policy and shall cover liability on an occurrence basis arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury and liability assumed under an insured contract.
(B) Automobile Liability insurance with liability limits of not less than $5,000,000 combined single limit per accident (without annual aggregate) for bodily injury and property damage. Defense costs shall apply in addition to the limit of liability. Coverage shall include contractual liability and shall apply to owned, leased, hired and non-owned autos, both on and off the Premises.
(C) Statutory workers’ compensation coverage as required by the State of Ohio and employer’s liability with limits of not less than $1,000,000 bodily injury by accident, $1,000,000 bodily injury by disease, and $1,000,000 bodily injury by disease, each employee.
(D) Commercial property insurance covering the Fixtures. Such insurance shall cover the perils covered under the ISO special causes of loss form (CP 10 30) and shall cover the replacement cost of the property insured.
(E) Commercial property insurance covering the Premises, including the Project. Such insurance shall cover the perils covered under the ISO special causes of loss form (CP 10 30) and shall cover the replacement cost of the Project. Tenant shall maintain cause Landlord to be identified, by endorsement, as an additional insured in connection with any and all insurance policies (other than the following coverages in the following amounts. The required evidence of coverage must commercial property insurance policy, workers’ compensation policies and employer’s liability policies) provided for under this Lease Agreement and, upon Landlord’s request, shall deliver or cause to be delivered to Landlord on or before evidence of said insurance coverages in the date required under Section 10.4(I) sub-sections (x) form of appropriate certificates of insurance and (y)endorsements to the underlying policies. If, or Section 10.4(II) below (as applicable). Such policies shall be for a term and only if, the provisions of at least one (1) yearExhibit E are not in effect, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliate, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and loss payee with respect to any insurance carried by policy described in clause (E), above. Such policies and certificates of insurance shall provide that Landlord shall will be excess and notified in writing at least 30 days prior to the cancellation, material change or non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant renewal of any obligation hereundersuch insurance policy. Limits Notwithstanding any provision of liability insurance shall not be less than this Section 12.01 to the following; providedcontrary, however, such limits may be achieved through during any period that the use provisions of an Umbrella/Excess PolicyExhibit E remain in effect: 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) any insurance policy described in clause (E), above, shall (x) in all office furnitureevents provide coverage of type and amounts required by Sections 5.4 and 5.5 of the Loan Agreement, personal propertyand (y) name the Director as the loss payee, business and trade fixtures(z) contain a clause requiring all Net Proceeds resulting from any claim for loss or damage, office equipmentif the Net Proceeds of such claim are in excess of $100,000, free-standing cabinet work, movable partitions, merchandise to be paid to the Trustee for deposit in the Collateral Proceeds Account to be paid and all other items applied as provided in Section 7.2 of Tenant’s business personal property on the Premises installed by, for, or at the expense of TenantExhibit E, (ii) any insurance policy described in clause (A), (B), (D) or (E), above, shall be with a generally recognized, responsible insurance company unless otherwise agreed to by Landlord and the Improvements, and any other improvements which exist in the Premises as of the Lease Commencement Date (excluding the Base Building) (the “Original Improvements”)Director, and (iii) all Alterations performed the Director and the Trustee shall have the same rights as Landlord as described 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 drainstwo preceding sentences.
Appears in 1 contract
Samples: Lease Agreement (Air Transport Services Group, Inc.)
Tenant’s Insurance. Throughout During the Lease TermTerm of this Lease, Tenant Tenant, at its sole cost and expense, shall maintain the following coverages insurance:
15.1.1 A self-insurance program in accordance with and sufficient to cover Tenant’s liability under NRS Chapter 41, as amended from time to time;
15.1.2 An excess liability policy in the following amounts. The required evidence amount determined by the State of coverage must be delivered to Landlord on or before the date required under Section 10.4(I) sub-sections (x) and (y), or Section 10.4(II) below (as applicable)Nevada. Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliatepolicy shall, if anypermitted by the State of Nevada, name Landlord as a named insured, otherwise, Landlord shall be named as additional insureds insured;
15.1.3 General public liability insurance, otherwise known as their interests may appear using Insurance Service Organization’s form CG2011 “owners, landlords, and tenants insurance,” insuring Landlord and Tenant against all claims for personal injury, death, or property damage occurring on or about the Premises, or in, on, or about any Improvements at any time located on the Premises, including any elevators or escalators therein, such insurance to have a comparable form approved single combined liability limit in an amount sufficient to cover the full deductible before the excess liability insurance policy required under Section 15.1.2, above, insures the losses. The intent of this insurance policy is to cover any claims and losses falling within the deductible of the above-referenced excess liability policy. The policy required under this Section 15.1.3 shall name Landlord as a named insured;
15.1.4 An environmental insurance policy, covering claims for damage or injury caused by Landlordhazardous materials, including, without limitation, bodily injury, wrongful death, property damage, including loss of use, removal, cleanup and restoration or work and material. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess first named insured under such policy, and non-contributingTenant shall be second named insured. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance amount of all of Tenant’s indemnity obligations under this Lease. The limits of said such insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall be for not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury $5,000,000 per occurrence 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 aggregate, with a self-insured retention amount or deductible of the Lease Commencement Date (excluding the Base Building) (the “Original Improvements”)not more than $50,000;
15.1.5 All risk property insurance, and (iii) all Alterations performed in insuring loss or damage to the Premises. Such The amount of such insurance shall be written on a Special Form basis, for equal to 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 Premises, as the same shall exist from time to time. Such policy shall insure against all risks of the policies of insurance and shall include coverage for (a) all perils included in the CP 10 30 04 02 Coverage Special Formduress, and (b) water damage from any cause whatsoeverphysical loss or damage, including, but not limited tothe perils of fire, sprinkler leakageflood and earthquake, bursting, leaking or stoppage also including coverage for any additional costs resulting from debris removal and reasonable amount of coverage for the enforcement of any pipesordinance or law regulating the reconstruction or replacement of any undamaged section of the Premises required to be demolished or removed by reason of the enforcement of any building, explosionzoning, safety or land use laws, as a result of a covered cause of loss. Tenant shall be responsible for any deductibles related to property insurance claims. Tenant’s property insurance shall name Landlord as a Loss Payee and additional insured pursuant to the terms of this Lease; and
15.1.6 Property insurance on its contents within the Premises, and backup Tenant shall carry and provide proof of workers’ compensation insurance if such insurance is required of Tenant by NRS 616B.627 or overflow from sewers proof that compliance with the provisions of NRS, Chapters 616A-D, or drainsany other related chapters, is not required. Tenant shall provide Landlord with evidence of such coverage upon full execution of this Lease.
Appears in 1 contract
Samples: Campus Buildings and Grounds Lease
Tenant’s Insurance. Throughout the Lease TermTenant shall, Tenant shall maintain at its expense, including any insurance policy deductibles or self-insured retentions, keep in full force and effect all of the following coverages in insurance policies during the following amounts. The required evidence Term and any extension thereof with carriers that maintain an A.M. Best Rating of coverage must be delivered to Landlord on A-VII or before the date required under Section 10.4(Ibetter:
(A) sub-sections (x) and (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one Commercial property insurance (1) year, or the length insuring 100% of the remaining term full replacement cost on an agreed amount basis of this Leaseall Alterations made at Tenant’s expense or direction during the performance of and when completed, whichever is less.
10.3.1 Commercial General Liability Insuranceand all other property owned or used by Tenant and located in the Premises, including Broad at least twelve (12) months of business interruption coverage, and (2) written on an “all risk” or “special perils” policy form, including coverage for windstorm. The proceeds of Tenant’s commercial property insurance shall be used for the repair or replacement of the property so insured, 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 written on an occurrence policy form that is at least as broad as the coverage provided by ISO Form contractual liability CG 00 01 04 13, covering the insured against claims damages because of bodily injury, personal injury and property damage (including loss of use thereof) based upon or and personal and advertising injury, arising out of Tenant’s premises, operations or products-completed operations, occupancy with limits of liability of not less than $1,000,000 for bodily injury and property damage per occurrence and $2,000,000 general annual aggregate and a $3,000,000 products-completed operations aggregate.
(C) Commercial automobile liability insurance covering liability arising from the use or maintenance operation of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliateany auto, if anyincluding those owned, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and hired, leased, rented, borrowed, non-contributingowned or otherwise operated or used by or on behalf of Tenant. The coverage shall also be extended on an occurrence form with combined single limits of not less than $1,000,000 per accident for bodily injury (including death) and property damage. Alternatively, Tenant may insure for the risks required to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed be insured against under this Lease 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 $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 an insured contract for 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.
(F) During the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance Alterations, Tenant shall notalso cause its contractor or subcontractor, howeveras appropriate, limit performing the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of Alteration to maintain, (1) commercial general liability insurance shall as described in Section 4.1(B), but with limits not be less than the following$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; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury (2) commercial automobile liability insurance as described in Section 4.1(C); (3) workers’ compensation insurance 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 Tenantemployer’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 liability insurance as described in the Premises as of the Lease Commencement Date (excluding the Base Building) (the “Original Improvements”Section 4.1(D), ; and (iii4) all Alterations performed umbrella/excess liability insurance covering in the Premises. Such insurance shall be excess of (and written on a Special Form basisform at least as broad as) the primary commercial general liability, for 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 full replacement cost value (subject Alteration, Tenant shall cause the party providing those services to reasonable deductible amounts), without deduction for depreciation of the covered items maintain professional liability insurance with limits not less than $1,000,000 each claim and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for (a) all perils included $1,000,000 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.aggregate.
Appears in 1 contract
Tenant’s Insurance. Throughout By the Lease Commencement Date, and continuing during the entire Term, Tenant shall maintain obtain and keep in full force and effect, the following coverages in the following amounts. The required evidence insurance with limits of coverage must be delivered to Landlord 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 before 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 date required under Section 10.4(I) sub-sections (x) and (yinitial Tenant Improvements), or Section 10.4(II) below (as applicable)in an amount not less than the full replacement cost thereof. Such policies In the event that there shall be for a term dispute as to the amount which comprises full replacement cost, the decision of at least one (1) year, Landlord or the length Mortgagees of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliate, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The presumptive.
(b) Commercial general liability insurance coverage shall also be extended to include damage caused by heaton an occurrence basis, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of including personal injury, bodily injury (including wrongful death), broad form property damage, operations hazard, owner’s protective coverage, contractual liability (including Tenant’s indemnity 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 owned, hired and non-owned automobiles.
(d) Workers’ compensation, in statutory amounts and employer’s liability, covering all persons employed in connection with any work done in, on or about the Premises for which claims for death, bodily injury or illness could be asserted against Landlord, Tenant 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 each and every area of the underlying policies. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of Such umbrella liability insurance shall not be less than the following; providedinclude pay on behalf of wording, howeverconcurrency of effective dates with primary policies, such limits may be achieved through the use blanket contractual liability, application 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 Improvementsprimary policy aggregates, and any other improvements which exist in shall provide that if the Premises underlying aggregate is exhausted, the excess coverage will drop down as of the Lease Commencement Date (excluding the Base Building) (the “Original Improvements”)primary insurance, 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 customary commercially 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 drainsimposed on umbrella policies.
Appears in 1 contract
Samples: Commercial Lease (Orchard Supply Hardware Stores Corp)
Tenant’s Insurance. Throughout Effective as of the Lease Commencement Date, and continuing throughout the Term, Tenant shall maintain the following coverages in the 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 (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one insurance policies: (1) yearcommercial general liability insurance in amounts of $2,000,000 per occurrence or, or following the length expiration of the remaining term 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 this Leasea person or persons or damage to property arising from the use and occupancy of the Premises, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad (2) All Risk/Special Form contractual liability Property insurance covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out full value of Tenant’s operationsproperty and improvements, occupancy and other property (including property of others) in the Premises or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliate, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that (including but not limited to Tenant’s coverage shall be primary and any Off-Premises Equipment), (3) contractual liability insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended sufficient to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of cover Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of hereunder (but only if such contractual liability insurance shall is 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 already included in 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”commercial general liability insurance policy), and (iii4) worker’s compensation insurance, 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 to Landlord when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. Tenant shall furnish to Landlord certificates of such insurance and such other evidence satisfactory to Landlord of the maintenance of all Alterations performed in insurance coverages required hereunder at least ten days prior to the earlier of the Commencement Date or the date Tenant enters or occupies the Premises, and at least 15 days prior to each renewal of said insurance, and Tenant shall obtain a written obligation on the part of each insurance company to notify Landlord at least 30 days before cancellation or a material change of any such insurance policies. Such All such insurance policies shall be written on in form, and issued by companies with a Special Form basisBest’s rating of A-IX or better, for reasonably satisfactory to Landlord. If Tenant fails to comply with the full replacement cost value (subject foregoing insurance requirements or to reasonable deductible amounts)deliver to Landlord the certificates or evidence of coverage required herein, without deduction for depreciation of the covered items and Landlord, in amounts that meet addition to any co-insurance clauses of the policies of other remedy available pursuant to this Lease or otherwise, may, but shall not be obligated to, obtain such insurance and Tenant shall include coverage for (a) all perils included in pay to Landlord on demand the CP 10 30 04 02 Coverage Special Formpremium costs thereof, and (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage plus an administrative fee of any pipes, explosion, and backup or overflow from sewers or drains10% of such cost.
Appears in 1 contract
Tenant’s Insurance. Throughout At all times during the Lease Term, Tenant shall maintain the following coverages in the 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 (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term Term of this Lease, whichever is less.Tenant shall carry and maintain, at Tenant’s sole expense, the following insurance, in the amounts specified below or such other amounts as Landlord may from time to time reasonably request, with insurance companies and on forms satisfactory to Landlord:
10.3.1 Commercial General Liability Insurance(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 Broad Form contractual liability covering the insured against claims of bodily injurywithout limitation, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance contractual liability coverage for the performance by Tenant of the Project and all areas appurtenant theretoindemnity agreements set forth in Article 14 of this Lease. Such insurance shall be written on an “occurrence” basis. include waiver of subrogation rights in favor of Landlord or its affiliateand Landlord’s management company, if any, shall be named as additional insureds as their interests may appear using ;
(b) Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of covering all of Tenant’s indemnity obligations under this Leasefurniture 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 build-out of the Premises by the Landlord, in an amount not less than the full replacement cost. The limits Property forms will provide coverage on an open perils basis insuring against “all risks of said insurance shall notdirect physical loss.” All policy proceeds will be used for the repair or replacement of the property damaged or destroyed, however, limit if this Lease ceases under the liability provisions of Article 7.01 of this Lease, Tenant nor relieve Tenant of will be entitled to 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 proceeds resulting from damage to Tenant’s furniture 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 machinery and 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, stock and any other improvements personal property;
(c) Worker’s compensation insurance insuring against and satisfying Tenant’s obligations and liabilities under the worker’s compensation laws of the state in which exist the Premises are located, including employer’s liability insurance in the Premises as limit of the Lease Commencement Date (excluding the Base Building) (the “Original Improvements”), and (iii) all Alterations performed in the Premises$1,000,000 aggregate. Such insurance shall include waiver of subrogation rights in favor of Landlord and Landlord’s management company, if any;
(d) If Tenant operates owned, hired, or non-owned vehicles on the Project, comprehensive automobile liability will be written on carried at a Special Form basis, for the full replacement cost value limit of liability not less than $1,000,000 combined bodily injury and property damage;
(subject e) Intentionally deleted
(f) Business Interruption insurance with a limit of liability representing loss of at least twelve (12) consecutive months of Tenant’s income; and
(g) All insurance required under this Article 7.03.03 shall be issued by such good and reputable insurance companies qualified to reasonable deductible amounts), without deduction for depreciation of the covered items do and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for (a) all perils included doing business in the CP 10 30 04 02 Coverage Special Form, state in which the Premises are located and (b) water damage from any cause whatsoever, including, but having a rating not limited to, sprinkler leakage, bursting, leaking or stoppage less than A: VIII as rated in the most current copy of any pipes, explosion, and backup or overflow from sewers or drainsBest’s Insurance Report in the form customary to this locality.
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Tenant’s Insurance. Throughout (a) Tenant shall carry, at Tenant's sole expense, insurance against any or all risks of physical loss in an amount adequate to 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. 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 TermTerm under Article 20 shall be payable to Landlord. Provided, however, that at Landlord's sole election, Landlord may obtain at Tenant's expense any or all of the insurance described in this Section.
(b) Tenant shall carry, at Tenant's sole expense, comprehensive or commercial general liability insurance, fully covering any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Center. Such liability insurance shall include without limitation bodily injury (including wrongful death), property damage, advertising injury, personal injury, independent contractors, owned, nonowned, and hired vehicle liability and, if alcoholic beverages are served, sold, consumed or obtained in the Premises, liquor-law liability. The initial limit of such insurance shall be at least $2,000,000 combined single liability limit if the Rentable Square Footage of the Premises (as indicated in Section 1.2) exceeds 3,000 square feet, or $1,000,000 combined single liability limit if such Rentable Square Footage is 3,000 square feet or less. Such liability insurance 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 law, and employer's liability coverage with a limit of not less than $2,000,000. If Tenant's use of the Premises involves any use, generation, manufacturing, storage or disposal of any Hazardous Materials, or if any of Tenant's activities increases any risk of any liability to Tenant or Landlord under Hazardous Materials Laws, Tenant shall carry such environmental insurance as may be required by Landlord or Landlord's lender. Tenant shall, at Tenant's sole expense, maintain the following coverages 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 Landlord's property manager (if any) as additional insureds, (ii) contain cross-liability and contractual liability provisions, (ii) provide that no cancellation or reduction in the following amounts. The required evidence of coverage must shall be delivered effective until thirty (30) days after written notice to Landlord on or before the date required under Section 10.4(I) suband Landlord's lender(other than notice of cancellation due to non-sections (x) payment which is effective 10 days after written notice to Landlord and (yLandlord's lender), or Section 10.4(II(iii) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury issued by an insurer licensed in California and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliate, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form reasonably approved by Landlord. Tenant represents that Tenant’s , (iv) include coverage shall for acts of terrorism, and (v) be primary and noncontributory to any insurance carried by Landlord Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. The deductible or self-insured retention on any insurance required to be carried by Tenant hereunder shall not exceed, without the prior written consent of Landlord, Five Thousand Dollars ($5,000) per occurrence. Tenant shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract responsible for the performance payment of all the full amount of any deductible or self-insured retention on its insurance. No insurance carried or required to be carried by Tenant’s indemnity obligations under this Lease. The , nor the amount or limits of said insurance thereof, shall not, however, limit the Tenant's liability of Tenant nor relieve Tenant of any obligation hereunderunder this Lease.
(d) Each policy of insurance required to be carried by Tenant hereunder shall be obtained by Tenant and maintained in full force and effect throughout the Lease Term and any other period of Tenant's actual or constructive possession of the Premises. Limits Prior to the Commencement Date or any earlier taking of liability insurance possession of any part of the Premises, Tenant 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 deliver to Rented $ 500,000.00 Premises Liability
10.3.2 Property Insurance covering Landlord (i) an XXXXX Form 27 certificate (or such other certificate providing the greatest protection to Landlord reasonably available) evidencing all office furnitureinsurance required to be maintained by Tenant and identifying all additional insureds required to be so designated under the terms of this Lease, 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) all additional insured endorsements provided by the Improvementsinsurer in favor of Landlord, Landlord's property manager and any other improvements which exist in the Premises Landlord's lender as required by this Lease. Tenant shall deliver evidence of the Lease Commencement Date a renewal of each required policy, together with all required endorsements, at least thirty (excluding the Base Building30) (the “Original Improvements”), and (iii) days prior to expiration thereof. Tenant shall permit Landlord at all Alterations performed in the Premises. Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject reasonable times to reasonable deductible amounts), without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of inspect the policies of insurance insurance, and shall include coverage for deliver copies thereof to Landlord within ten (a10) all perils included days after Landlord's request therefor. Tenant shall be in material breach of this Lease if Tenant fails to obtain the CP 10 30 04 02 Coverage Special Forminsurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage terms of any pipes, explosion, and backup or overflow from sewers or drainsthis Lease.
Appears in 1 contract
Samples: Standard Industrial Net Lease (Jmar Technologies Inc)
Tenant’s Insurance. Throughout Tenant agrees to maintain in full force and effect at all times during the Lease Term, at its sole cost and expense, for the protection of Tenant shall maintain and Landlord, as their interests may appear, policies of insurance issued by a responsible carrier or carriers acceptable to Landlord which afford the following coverages coverages:
(i) Commercial general liability insurance in the following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(Ian amount not less than Three Million and 00/100 Dollars ($3,000,000.00) sub-sections (x) and (y), or Section 10.4(II) below (as applicable). Such policies shall be combined single limit for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of both bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s which includes blanket contractual liability broad form property damage, personal injury, completed operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance products liability, which policy shall be written on an “occurrence” basis. name Landlord or its affiliate, if any, shall be named and Landlord’s Agents as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or and shall contain a comparable form approved by Landlord. Tenant represents provision that Tenant’s coverage “the insurance provided Landlord hereunder shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended contributing with any other insurance available to include damage caused Landlord with respect to any damage, loss, liability or expense covered by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Paragraph 21.A.(i) of the Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 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 ImprovementsCauses of loss special form property insurance (including, without limitation, vandalism, malicious mischief, inflation endorsement, and any other improvements which exist in the Premises as of the Lease Commencement Date (excluding the Base Buildingsprinkler leakage endorsement) (the “Original Improvements”), and (iii) all Alterations performed on Tenant’s Personal Property located on or in the Premises. Such insurance shall be written on in the full amount of the replacement cost, as the same may from time to time increase as a Special Form basisresult of inflation or otherwise. As long as this Lease is in effect, the proceeds of such policy shall be used for the full repair and replacement cost value (subject to reasonable deductible amounts), without deduction for depreciation of the covered such items and in amounts that meet any co-insurance clauses of the policies of insurance and so insured. Landlord shall include coverage for (a) all perils included have no interest in the CP 10 30 04 02 Coverage Special Forminsurance proceeds on Tenant’s Personal Property. Notwithstanding the foregoing, Tenant shall have the right, at its election, to self-insure with respect to any loss or damage to Tenant’s Personal Property.
(iii) Boiler and (b) water damage from any cause whatsoevermachinery insurance, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage of any including steam pipes, explosionpressure pipes, condensation return pipes and backup or overflow from sewers or drainsother pressure vessels and HVAC equipment, including miscellaneous electrical apparatus, in an amount satisfactory to Landlord.
Appears in 1 contract
Samples: Lease Agreement (Claria Corp)
Tenant’s Insurance. Throughout Tenant agrees to maintain in full force and effect at all times during the Lease Term, at its sole cost and expense, for the protection of Tenant shall maintain and Landlord, as their interests may appear, policies of insurance issued by a responsible carrier or carriers acceptable to Landlord which afford the following coverages coverages:
(i) Commercial general liability insurance in the following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(Ian amount not less than Three Million and no/100ths Dollars ($3,000,000.00) sub-sections (x) and (y), or Section 10.4(II) below (as applicable). Such policies shall be combined single limit for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of both bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s which includes blanket contractual liability broad form property damage, personal injury, completed operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance products liability, which policy shall be written on an “occurrence” basis. name Landlord or its affiliate, if any, shall be named and Landlord's Agents as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or and shall contain a comparable form approved by Landlord. Tenant represents provision that Tenant’s coverage "the insurance provided Landlord hereunder shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended contributing with any other insurance available to include damage caused Landlord with respect to any damage, loss, liability or expense covered by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s 's indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 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 LiabilityParagraph 21.A.
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, Lease."
(ii) the ImprovementsCauses of loss-special form property insurance (including, without limitation, vandalism, malicious mischief, inflation endorsement, and any other improvements which exist in the Premises as of the Lease Commencement Date (excluding the Base Buildingsprinkler leakage endorsement) (the “Original Improvements”), and (iii) all Alterations performed on Tenant's Personal Property located on or in the Premises. Such insurance shall be written on in the full amount of the 46 replacement cost, as the same may from time to time increase as a Special Form basisresult of inflation or otherwise. As long as this Lease is in effect, the proceeds of such policy shall be used for the full repair and replacement cost value (subject to reasonable deductible amounts), without deduction for depreciation of the covered such items and in amounts that meet any co-insurance clauses of the policies of insurance and so insured. Landlord shall include coverage for (a) all perils included have no interest in the CP 10 30 04 02 Coverage Special Forminsurance proceeds on Tenant's Personal Property. Notwithstanding the foregoing, Tenant shall have the right, at its election, to self-insure with respect to any loss or damage to Tenant's Personal Property.
(iii) Boiler and (b) water damage from any cause whatsoevermachinery insurance, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage of any including steam pipes, explosionpressure pipes, condensation return pipes and backup or overflow from sewers or drainsother pressure vessels and HVAC equipment, including miscellaneous electrical apparatus, in an amount satisfactory to Landlord.
Appears in 1 contract
Samples: Lease Agreement (Excite Inc)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain the following coverages in the 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 (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s 's operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “"occurrence” " basis. Landlord or its affiliateand any other party the Landlord so specifies that has a material financial interest in the Project, including Landlord's managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s 's form CG2011 or a comparable form approved by Landlord. Tenant represents shall provide an endorsement or policy excerpt showing that Tenant’s 's coverage shall be is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s 's indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ Property Damage Liability $5,000,000 each occurrence Property Damage Liability $3,000,000 each occurrence Personal Injury and Advertising Liability $ 5,000,000 each occurrence XXXXXX REALTY Del Mar Corporate Centre II [DermTech, Inc.] 0000-0000-0000.7 377185.00017/7-1-21/gjn/gjn Tenant Legal Liability/Damage to Rented $ 500,000.00 Premises LiabilityLiability $5,000,000
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 '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 1 contract
Samples: Office Lease (DermTech, Inc.)
Tenant’s Insurance. Throughout A. Tenant shall procure and maintain, or cause to be maintained, at all times during the Lease Term, at Tenant’s sole cost and expense, and until each and every obligation of Tenant shall maintain contained in this Lease has been fully performed, no less than the following coverages insurance:
(i) Insurance covering all of Tenant’s employees for Worker’s Compensation, in the following statutory amounts. The required evidence , and Employer’s liability coverage of: $1,000,000.00 for each accident, each employee and per policy and shall include a waiver of coverage must be delivered to subrogation in favor of Landlord on or before the date required under Section 10.4(I) sub-sections (x) and (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is lessLandlord’s property manager.
10.3.1 (ii) Commercial General Liability Insurance, including Broad Form contractual covering Tenant against any claims arising out of liability covering the insured against claims of for bodily injury, injury and death and personal injury and advertising injury and property damage (including loss of use thereof) based upon or arising out occurring in and about the Premises, and/or the Building and otherwise resulting from any acts and operations of Tenant’s operations, occupancy 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 maintenance 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 Project State where the Premises are located.
(iv) Umbrella Liability Insurance to be excess and all areas appurtenant theretofollow-form over the Commercial General Liability, Automobile Liability and Employer’s Liability Insurance. Such insurance The Umbrella Liability policy shall be written on an “occurrence” basis. Landlord or its affiliate, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or with a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance limit of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less $5,000,000.00 and a Self-Insured Retention no greater 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 $10,000.00.
(v) 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 coverage provided under a Special Form basisor “All Risks” policy, for in an amount of the full replacement cost value of the Tenant’s Property (subject 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 reasonable deductible amountscover 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), without deduction for depreciation 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 items 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 covering all persons employed in connection with the proposed alteration or work in statutory limits, (b) general/excess liability insurance, in an amount commensurate with the work to be performed but not less than $2,000,000.00 per occurrence and in amounts that meet the aggregate, for ongoing and completed operations insuring against bodily injury and property damage and naming all additional insured parties as outlined below and required of Tenant and shall include a waiver of subrogation in favor of such parties, (c) builders risk insurance, to the extent such alterations or work may require, on a completed value form including permission to occupy, covering all physical loss or damages, in an amount and kind reasonable satisfactory to Landlord, and (d) such other insurance, in such amounts, as Landlord deems reasonably necessary to protect Landlord’s interest in the Premises from any coact or omission of Tenant’s contractors or subcontractors.
B. All of Tenant’s insurance policies shall: (i) be written with insurance companies authorized to do business in the State where the Premises are located, acceptable to Landlord, with a minimum A.M. Best rating of A-insurance clauses VII; (ii) name Landlord, Landlord’s mortgagee and other parties as designated by Landlord, as additional insureds and loss payees as their respective interests may appear and shall provide such additional insured status for on-going and completed operations, (iii) provide defense expense in addition to the limit of liability stated in the policy, (iv) be primary and non contributory and (v) provide a waiver of subrogation endorsement in favor of Landlord and other parties as required by Landlord. Tenant agrees and shall provide thirty (30) days advance written notice of cancellation or non-renewal for any reason (except ten (10) days for non-payment of premium) to Landlord with regard to any policies of insurance and required herein above. Tenant shall include coverage for (a) all perils included in furnish to Landlord, prior to the CP 10 30 04 02 Coverage Special FormCommencement Date, and thereafter at least ten (b10) water damage from any cause whatsoeverdays prior to the expiration of each such policy, includingcertificates of insurance evidencing all required coverages, together with a copy of the endorsement(s), specifically but not limited toto Waiver of Rights to Recover from Others, sprinkler leakage, bursting, leaking or stoppage 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 borne by Tenant and shall be considered insurance for purposes of any pipes, explosion, and backup or overflow from sewers or drainsthe Waiver of Subrogation obligation set forth below.
Appears in 1 contract
Samples: Lease (5.11 Abr Corp.)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain carry at its own expense throughout the following coverages in the 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 (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term Term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual commercial general liability insurance covering the insured Premises and appurtenant areas, and Tenant's use thereof, and protecting Tenant and Landlord (as an additional insured) against claims of for bodily injury, personal injury injury, and property damage (including loss of use thereof) based upon upon, involving, or arising out of Tenant’s operationsthe ownership, occupancy use, occupancy, or maintenance of the Project Premises and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord occurrence basis providing single limit coverage in an amount not less than $2,000,000 per occurrence with an "Additional Insured-Managers or its affiliate, if any, Lessors of Premises" Endorsement and shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include contain the "Amendment of Pollution Exclusion" for damage caused by heat, smoke smoke, or fumes from a hostile fire. This The policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for all liabilities liability assumed under this Lease as an "insured contract contract" for the performance of all of Tenant’s 's indemnity obligations under this Lease. The limits of said Such insurance shall notalso cover Tenant's contractual liability under this Lease in an amount periodically adjusted to conform to then current standard business practices for comparable business operations, howeverbut in no case less than $3,000,000 in combined single limit and general aggregate coverage for bodily injury or death, limit personal injury, and property damage. Tenant shall keep in full force and effect, at its own expense throughout the Term of this Lease, a policy or policies of worker's compensation insurance as required by law and with employer's liability coverage of Tenant nor relieve Tenant not less than $1,000,000 per employee and per occurrence. The amounts of any obligation hereunder. Limits of general liability and employer's liability insurance shall be increased on the third anniversary of the Measurement Date and every third anniversary thereafter to an amount reasonably determined by Landlord as may be required, given the then current economic conditions and the size of damage awards generally, to approximate the same level of protection as was provided on the Commencement Date. In the event the use specified in the Basic Lease Provisions permits the sale and/or consumption of alcoholic beverages, Tenant shall keep in full force and effect, at its own expense throughout the Term of this Lease, a liquor liability insurance policy or policies in a policy amount of not be less than the following$2,000,000; provided, however, that such limits may be achieved through policy amounts of commercial general public liability insurance and liquor liability insurance pursuant to Sections 25602 and 25602.1 of the use California Business and Professions Code and Section 1714 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 furniturethe California Civil Code, 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 effect as of the Lease Commencement Date (excluding date of this Lease, accurately state the Base Building) (law regarding the “Original Improvements”)potential liability of persons serving alcoholic beverages to both the party consuming such beverages and to third parties. In the event the foregoing code sections are amended and/or judicial decisions are rendered which increase the liability exposure to third parties, Landlord, in its sole and (iii) all Alterations performed in absolute discretion, shall have the Premises. Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject immediate right to reasonable deductible amounts), without deduction for depreciation of the covered items and in revise such policy 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 drainsto amounts reasonably deemed appropriate by Landlord.
Appears in 1 contract
Samples: Office Space Lease (Cayenta Inc)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain the following coverages in the 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 (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliateand any other party the Landlord so specifies that has a material financial interest in the Project, including Landlord’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents shall provide an endorsement or policy excerpt showing that Tenant’s coverage shall be is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 5,000,000 each occurrence Property Damage Liability $2,000,000 per occurrence and $2,000,000 general aggregate Personal Injury and Advertising Liability $ 5,000,000 each $2,000,000 per occurrence and $2,000,000 general aggregate Tenant Legal Liability/Damage to Rented $ 500,000.00 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, 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, 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. Throughout On or before the Lease earlier of the Commencement Date or the date Tenant commences or causes to be commenced any work of any type in the Premises, and continuing during the entire Term, Tenant shall maintain obtain and keep in full force and effect, the following coverages 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, malicious mischief plus flood coverage upon property of every description and kind owned by Tenant and located in the following amounts. The required evidence Premises or the Building, or for which Tenant is legally liable or installed by or on behalf of coverage must be delivered to Landlord on Tenant including, without limitation, furniture, equipment and any other personal property, and any Alterations (but excluding the initial tenant improvements previously existing or before installed in the date required under Section 10.4(I) sub-sections (x) and (yPremises), or Section 10.4(II) below (as applicable)in an amount not less than the full replacement cost thereof. Such policies In the event that there shall be for a term dispute as to the amount which comprises full replacement cost, the decision of at least one (1) year, Landlord or the length Mortgagees of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliate, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The presumptive.
b. Commercial general liability insurance coverage shall also be extended to include damage caused by heaton an occurrence basis, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of including personal injury, bodily injury (including wrongful death), broad form property damage, operations hazard, owner’s protective coverage, contractual liability (including Tenant’s indemnity indemnification obligations under this Lease), liquor liability (if Tenant serves alcohol on the Premises), products and completed operations liability. The limits of said insurance shall not, however, limit the 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 appropriate for tenants of buildings comparable to the Building.
c. Commercial Automobile Liability covering all owned, hired and non-owned automobiles.
d. Worker’s compensation, in statutory amounts and employers liability, covering all persons employed in connection with any work done in, on or about the Premises for which claims for death, bodily injury or illness could be asserted against Landlord, Tenant nor relieve Tenant or the Premises.
e. Umbrella liability insurance on an occurrence basis, in excess of any obligation hereunderand following the form of the underlying insurance described in Section 14.1.b. Limits and 14.1.c. and the employer’s liability coverage in Section 14.1.d. which is at least as broad as each and every area of the underlying policies. Such umbrella liability insurance shall not be less than include pay on behalf of wording, concurrency of effective dates with primary policies, blanket contractual liability, application of primary policy aggregates, and shall provide that if the following; providedunderlying aggregate is exhausted, howeverthe excess coverage will drop down as primary insurance, 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 subject to Rented $ 500,000.00 Premises Liabilitycustomary commercially reasonable deductible amounts imposed on umbrella policies.
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 f. If Tenant’s business personal property on includes professional services, Tenant shall, at Tenant’s expense, maintain in full force and effect professional liability (also known as errors and omissions insurance), covering Tenant and Tenant’s employees from work related negligence and liability in trade.
g. Loss of income, extra expense and business interruption insurance in such amounts as will reimburse Tenant for 12 months of direct or indirect loss of earnings attributable to all perils commonly insured against by prudent tenants or attributable to prevention of access to the Premises installed byPremises, forTenant’s parking areas or to the Building as a result of such perils; provided that Tenant will only be required to obtain earthquake insurance if it can be obtained at reasonable premium rates.
h. Any other form or forms of insurance as Tenant or Landlord or the Mortgagees of Landlord may reasonably require from time to time, or at in form, amounts and for insurance risks against which a prudent tenant of a building similar to the expense of TenantBuilding would protect itself, (ii) but only to the Improvements, extent such risks and any other improvements which exist amounts are available 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 market at commercially 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 drainscosts.
Appears in 1 contract
Samples: Commercial Lease Agreement (Zhone Technologies Inc)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain the following coverages in the following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(I:
(a) sub-sections (x) and (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability Insurance with combined single limits of not less than $2,000,000 covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy assumed liabilities or maintenance use of the Project Leased Premises, and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliate, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that assumed contractual liability with respect to Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under Article 11 of this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 5,000,000 each occurrence Property .
(b) Physical 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 Leased Premises installed by, for, or at the expense of Tenant, (ii) all improvements, alterations and additions now existing or hereafter installed in or to the ImprovementsLeased Premises, and including any other improvements which exist in improvements, alterations or additions now or hereafter installed at Tenant’s request above the Premises as ceiling of the Lease Commencement Date (excluding Leased Premises or below the Base Building) (floor of the “Original Improvements”), and (iii) all Alterations performed in the Leased Premises. Such insurance shall be written on a Special Form 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 (a) all perils included in the CP 10 30 04 02 Coverage Special Form, a vandalism and (b) water damage from any cause whatsoever, including, but not limited tomalicious mischief endorsement, sprinkler leakageleakage coverage and earthquake sprinkler leakage coverage.
(c) Workers’ compensation insurance as required by law and employer’s liability insurance with limits of at least $500,000 each occurrence.
(d) Tenant shall carry comprehensive automobile liability insurance having a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence and insuring Tenant against liability for claims arising out of ownership, bursting, leaking maintenance or stoppage use of any pipesowned, explosion, and backup hired or overflow from sewers or drainsnon-owned automobiles.
Appears in 1 contract
Samples: Office Lease (Nuvectra Corp)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain the following coverages in the 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 (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project Premises and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliateand any other party the Landlord so specifies that has a material financial interest in the Project, including Landlord’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents shall provide an endorsement or policy excerpt showing that Tenant’s coverage is primary with respect to the Premises except in the case of an insured loss resulting from Landlord’s negligence, in which case Landlord’s insurance shall be primary and (without imposing any liability or obligation on Landlord in the event that Landlord’s insurance does not cover such loss), or as otherwise expressly provided in this Lease. With respect to any primary coverage by Tenant, any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 5,000,000 each occurrence Property Damage Liability $3,000,000 each occurrence Personal Injury and Advertising Liability $ 5,000,000 $3,000,000 each occurrence Tenant Legal Liability/Damage to Rented $ 500,000.00 Premises Liabilityoccurrence
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, Tenant Improvements and any other improvements which exist existing in the Premises as of the date of this 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, 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 overflow from sewers regulation, or drainsis otherwise available at commercially reasonable rates).
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.
Appears in 1 contract
Tenant’s Insurance. Throughout Tenant, at its sole cost and expense, shall procure, pay for and keep in full force and effect throughout the Lease Term, Tenant shall maintain Term the following coverages types of insurance, in at least the amounts and in the following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(Iforms specified below:
(a) sub-sections (x) and (y), or Section 10.4(II) below (as applicable). Such policies shall be Commercial general liability insurance with combined single limit for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury injury, death and property damage liability coverage in the amount of Five Million Dollars (including loss $5,000,000) per occurrence. All such liability insurance shall specifically insure the performance by Tenant of use thereofthe 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) based upon or arising out Workers' compensation coverage as required by law.
(c) Insurance covering all of Tenant’s operations's trade fixtures, occupancy equipment and other personal property from time to time in, on or maintenance about the Premises in an amount not less than their full replacement value from time to time, providing protection against any peril included within an ISO "Special Form" insurance policy.
(d) At such time as Landlord does not provide insurance covering the Premises, Tenant shall have the right, upon notice to Landlord, to carry insurance covering the Premises in an amount not less than their full replacement value from time to time (adjusted on the anniversary of the Project renewal date of Tenant's policy), providing protection against any peril included within an ISO "Special Form" insurance policy and all areas appurtenant thereto. Such earthquake and flood and terrorism insurance shall be written on an “occurrence” basis. Landlord or its affiliateand, if anyTenant is entitled and elects to do so, Tenant shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and have no responsibility to pay any share of the insurance carried by Landlord pursuant to Section 11.2(a) below. If Tenant has the right to provide insurance of the type described in the first sentence of this subsection (d), Tenant's election to do so shall be excess made within ten (10) business days after receipt of the quote and non-contributingthe information described in clauses (i) through (iii) of Section 11.2(a) below. The coverage With respect to any 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 also provide Tenant with a written annual premium quote obtained by Landlord for the insurance described in this subsection (d) and, at Tenant's election made within ten (10) business days after receipt of such quote, Tenant may require Landlord to carry the insurance described in this subsection (d), in which case Tenant shall pay its share thereof in accordance with Section 11.2(d) below. If Tenant elects to require Landlord to carry the insurance described in this subsection (d), the foregoing process (Landlord obtaining a quote for the ensuing policy year and Tenant's election to require Landlord to carry such insurance or to carry the same itself) shall be extended repeated prior to include each policy renewal date such that the election hereunder by Tenant to require Landlord to carry the insurance or to carry the same itself shall be an annual election which may be made by Tenant at least ten (10) business days prior to such policy renewal date. Any proceeds of any policy obtained by Tenant pursuant to this subsection (d) with respect to damage caused by heat, smoke to the Premises shall be used for the repair or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under replacement of the property damaged or destroyed unless this Lease as an insured contract for shall cease and terminate under the performance provisions of all of Tenant’s indemnity Article 12. Notwithstanding the foregoing, Tenant shall be deemed to have satisfied its obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, Section 11.1 so long as Mindspeed is maintaining 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 drainsinsurance.
Appears in 1 contract
Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain the following coverages in the 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 (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s 's operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “"occurrence” " basis. Landlord or its affiliateand any other party the Landlord so specifies that has a material financial interest in the Project, including Landlord's property manager, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s 's form CG2011 or a comparable form approved by Landlord. Tenant represents shall provide an endorsement or policy excerpt showing that Tenant’s 's coverage shall be is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This The policy shall not contain any intra-insured exclusions as between insured persons or organizations. Subject to its express exclusions, this policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s 's indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 5,000,000 andProperty Damage Liability $4,000,000 each occurrence Property Damage Liability Personal Injury and Advertising Liability $ 5,000,000 $4,000,000 each occurrence Tenant Legal Liability/Damage to Rented $ 500,000.00 Premises LiabilityLiability $2,000,000
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 '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 drainsdrains (it being understood that Tenant shall not be required to carry "flood" insurance), 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. Throughout the Lease Term, Tenant shall maintain the following coverages in the following amounts. The required evidence of coverage must be delivered to Landlord on On or before the date required under Section 10.4(I) sub-sections (x) and (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term earlier to occur of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliate, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 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, Commencement Date; or at the expense of Tenant, (ii) the Improvements, and date Tenant commences any other improvements which exist work of any type in the Premises as of pursuant to this Lease (which may be prior to the Lease Commencement Date (excluding Date) and continuing throughout the Base Building) (Term, Tenant will carry and maintain, at Tenant’s expense, the “Original Improvements”)following insurance, and (iii) all Alterations performed in the Premisesminimum amounts specified below or such other amounts as Landlord may from time to time reasonably request, on forms reasonably satisfactory to Landlord and 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 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 $1,000,000 and without a deductible. Such All such insurance shall will be written on a an occurrence ISO form including without limitation, bodily 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 equal to ISO Special Form basis, for Causes of Loss form and covering all Tenant Property and any Alterations to the Premises in an amount not less than 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 insurance, and shall include including coverage for damage or other loss caused by fire or other peril (a) all perils included in the CP 10 30 04 02 Coverage Special Formincluding vandalism and malicious mischief, and (b) theft, water damage from of any cause whatsoever, including, but not limited totype, sprinkler leakage, bursting, leaking bursting or stoppage of any pipes, and 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 limits of $1,000,000 bodily injury by accident, each accident; $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 backup or overflow from sewers or drains.property damage liability; and
(e) Umbrella liability insurance in excess of the underlying coverage listed in paragraphs (a), (c) and (d) above, with limits of not less than $1,000,000 per occurrence/$1,000,000 aggregate;
Appears in 1 contract
Tenant’s Insurance. Throughout Tenant covenants and agrees that from and after the Lease Termdate of delivery of the Premises from Landlord to Tenant, Tenant shall maintain will carry and maintain, at its sole cost and expense, the following coverages types of insurance, in the following amounts. The required evidence of coverage must be delivered to Landlord on or before amounts specified and in the date required under Section 10.4(Iform hereinafter provided for:
(i) sub-sections (x) and (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance(“CGL”) Insurance written on an occurrence basis, including Broad Form contractual liability covering the insured Premises and all operations of Tenant in or about the Premises against claims of for bodily injury, personal injury and death, property damage (including loss of use thereof) based upon or arising out of and products liability and to include contractual liability coverage insuring Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliate, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity indemnification obligations under this Lease, to be in combined single limits of not less than $2,000,000 each occurrence for bodily injury, death and property 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 said insurance shall not, however, limit such policy apply separately to 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 $ 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 LiabilityPremises.
10.3.2 Property (ii) Insurance covering (i) all office furnitureof the items included in Tenant’s heating, personal propertyventilating and air conditioning equipment maintained by Tenant, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and personal property from time to time in, on or upon the Premises, and all other items 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. Any policy proceeds from such insurance shall be held in trust by-Tenant’s business personal property on insurance company for the Premises installed byrepair, for, construction and restoration or at the expense of Tenant, (ii) the Improvements, and any other improvements which exist in the Premises as replacement of the property damaged or destroyed unless this Lease Commencement Date (excluding shall cease and terminate under the Base Building) (the “Original Improvements”), and provisions of Article 22 above.
(iii) all Alterations performed 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 not less than fifty percent (50%) of the estimated gross earnings (as defined in the standard form of business interruption insurance policy) of Tenant at the Premises. Such , which insurance shall be written issued on a Special Form basis, for the full replacement cost value an “all risk” basis (subject to reasonable deductible amountsor its equivalent), 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
Samples: Office Lease Agreement (Velti PLC)
Tenant’s Insurance. Throughout (a) Tenant shall carry, at Tenant’s sole expense, insurance against any or all risks of physical loss in an amount adequate to cover the Lease Termcost 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 maintain carry plate-glass insurance covering all plate glass on the following coverages 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 following amountsPremises 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. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(I) sub-sections Such liability insurance shall include without limitation bodily injury (x) and (yincluding wrongful death), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) yearproperty damage, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily advertising injury, personal injury and property damage contractual liability coverages (including loss Tenant’s indemnification obligations under Article 13), independent contractors, owned, nonowned, and hired vehicle liability and, if alcoholic beverages are served, sold, consumed or obtained in the Premises, liquor-law liability. The initial limit to Tenant’s insurance broker of use thereofsuch insurance shall be at least $3,000,000 combined single liability limit if the Rentable Square Footage of the Premises (as indicated in Section 1.2) exceeds 3,000 square feet, or $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 law, and employer’s liability coverage with a limit of not less than $2,000,000. If Tenant’s use of the Premises involves any use, generation, manufacturing, storage or arising out disposal of any Hazardous Materials, or if any of Tenant’s operationsactivities increases any risk of any liability to Tenant or Landlord under Hazardous Materials Laws, occupancy Tenant shall carry such environmental insurance as may be reasonably required by Landlord or maintenance 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 the Project insurance required to be carried by Tenant hereunder shall (i) name Landlord, Xxxxxxxx’s lender and all areas appurtenant thereto. Such insurance Landlord’s property manager (if any) as additional insureds, (ii) contain cross-liability and contractual liability provisions, (ii) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written on notice to Landlord and Landlord’s lender, (iii) be issued by an “occurrence” basis. Landlord or its affiliate, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form insurer licensed in California and reasonably approved by Landlord. Tenant represents that Tenant’s , (iv) not exclude coverage shall for acts of terrorism, and (iv) be primary and noncontributory to any insurance carried by Landlord Xxxxxxxx, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. The deductible or self-insured retention on any insurance required to be carried by Tenant hereunder shall not exceed, without the prior written consent of Landlord, Five Thousand Dollars ($5,000) per occurrence. Tenant shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract responsible for the performance payment of all the full amount of any deductible or self-insured retention on its insurance. No insurance carried or required to be carried by Tenant, nor the amount or limits thereof, shall limit Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunderunder this Lease.
(d) Each policy of insurance required to be carried by Tenant hereunder shall be obtained by Xxxxxx 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. Limits Prior to the Commencement Date or any earlier taking of liability insurance possession of any part of the Premises, Tenant 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 deliver to Rented $ 500,000.00 Premises Liability
10.3.2 Property Insurance covering Landlord (i) an XXXXX Form 27 certificate (or such other certificate providing the greatest protection to Landlord reasonably available) evidencing all office furnitureinsurance required to be maintained by Tenant and identifying all additional insureds required to be so designated under the terms of this Lease, 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) all additional insured endorsements provided by the Improvementsinsurer in favor of Landlord, Xxxxxxxx’s property manager and any other improvements which exist in the Premises Landlord’s lender as required by this Lease. Tenant shall deliver evidence of the Lease Commencement Date a renewal of each required policy, together with all required endorsements, at least thirty (excluding the Base Building30) (the “Original Improvements”), and (iii) days prior to expiration thereof. Tenant shall permit Landlord at all Alterations performed in the Premises. Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject reasonable times to reasonable deductible amounts), without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of inspect the policies of insurance insurance, and shall include coverage for deliver copies thereof to Landlord within ten (a10) all perils included days after Xxxxxxxx’s request therefor. Tenant shall be in material breach of this Lease if Tenant fails to obtain the CP 10 30 04 02 Coverage Special Forminsurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage terms of any pipes, explosion, and backup or overflow from sewers or drainsthis Lease.
Appears in 1 contract
Samples: Standard Industrial Net Lease (CardioVascular BioTherapeutics, Inc.)
Tenant’s Insurance. Throughout At all times during the Lease Term, Tenant shall maintain will carry and maintain, at Tenant’s expense, the following coverages insurance, in the following amountsamounts specified below or such other amounts as Landlord may from time to time reasonably request, with insurance companies and on forms satisfactory to Landlord:
(a) Bodily injury and property damage liability insurance, with a combined single occurrence limit of not less than $1,000,000. The required evidence of coverage must All such insurance will be delivered to Landlord on or before the date required under Section 10.4(I) sub-sections (x) and (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, an occurrence commercial general liability ISO standard form including Broad Form contractual liability covering the insured against claims of bodily injurywithout limitation, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliate, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s contractual liability coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance by Tenant of all of Tenant’s its indemnity obligations under this Lease. The limits of said Such insurance shall notinclude waiver of subrogation rights in favor of Landlord and Landlord’s management company;
(b) Insurance covering all of Tenant’s furniture and fixtures, machinery, equipment, stock and any other personal property owned and used in Tenant’s business and found in, on or about the Property, and any leasehold improvements to the Premises in excess of any initial build-out of the Premises by the Landlord, in an amount not less than the full replacement cost. Property forms will provide coverage on an open perils basis insuring against “all risks of direct physical loss.” All policy proceeds will be used for the repair or replacement of the property damaged or destroyed, however, limit if this Lease ceases under the liability provisions of Article XIX, Tenant nor relieve Tenant of will be entitled to 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 proceeds resulting from damage to Tenant’s furniture 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 machinery and 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, stock and any other improvements personal property;
(c) Worker’s compensation insurance insuring against and satisfying Tenant’s obligations and liabilities under the worker’s compensation laws of the state in which exist the Premises are located, including employer’s liability insurance in the Premises as limit of the Lease Commencement Date (excluding the Base Building) (the “Original Improvements”), and (iii) all Alterations performed in the Premises$1,000,000 aggregate. Such insurance shall include waiver of subrogation rights in favor of Landlord and Landlord’s management company;
(d) If Tenant operates owned, hired, or non-owned vehicles on the Property, commercial automobile liability will be written on carried at a limit of liability not less than $1,000,000 combined bodily injury and property damage;
(e) Umbrella liability insurance in excess of the underlying coverage listed in paragraphs (a), (c) and (d) above, with limits of not less than $2,000,000 per occurrence/$2,000,000 aggregate;
(f) Loss of income and extra expense insurance and contingent business income insurance in amounts as will reimburse Tenant for direct or indirect loss of earning attributable to all perils insured against under the ISO Causes of Loss - Special Form basisCoverage, or attributable to prevention of access to the Premises as a result of such perils. Such insurance shall provide for the full replacement cost value an extended period of indemnity to be not less than twelve (subject 12) months; and
(g) All insurance required under this Article XI shall be issued by such good and reputable insurance companies qualified to reasonable deductible amounts), without deduction for depreciation of the covered items do and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for (a) all perils included doing business in the CP 10 30 04 02 Coverage Special Form, state in which the Premises are located and (b) water damage from any cause whatsoever, including, but having a rating not limited to, sprinkler leakage, bursting, leaking or stoppage less than A:VIII as rated in the most current copy of any pipes, explosion, and backup or overflow from sewers or drainsBest’s Insurance Report in the form customary to this locality.
Appears in 1 contract
Samples: Office Building Lease (Flexpoint Sensor Systems Inc)
Tenant’s Insurance. Throughout Tenant agrees to maintain in full force and effect at all times during the Lease Term, at its own expense, for the protection of Tenant shall maintain and Landlord, as their interests may appear, policies of insurance issued by a responsible carrier or carriers reasonably acceptable to Landlord which afford the following coverages in the following amountscoverages:
(a) Worker's Compensation. 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 (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is lessStatutory limits.
10.3.1 (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 InsuranceInsurance with limits not less than the following: $2,000,000 for the occurrence limit, including Broad Form contractual liability covering the insured against claims of bodily injurygeneral aggregate limit, product/completed operations aggregate limit, personal injury and property advertising aggregate limit, $50,000 fire damage (including loss of use thereof) based upon 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 Tenant’s operationsor in connection with the use, operation and occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliate, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 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 provided on a Special coverage form at least as broad as the most recent edition of the standard Commercial General Liability Coverage Form basis(CG0001) published by ISO Commercial Risk Services, for Inc. Such policy must cover events that occur during the full replacement cost value 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 Endorsement (subject CG2011) as published by ISO Commercial Risk Services, Inc. Such insurance shall be primary insurance to, and non-contributing with, any other insurance that may be available to reasonable deductible amountsLandlord.
(d) Prior to the commencement of any work with respect to the Initial Tenant Improvements or any alterations (as defined in Section 7.2 below), without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies contractor (other than Raiser Construction Company) retained by Tenant shall file with Landlord valid certificates of insurance and amendatory riders or endorsements to such contractor's insurance policies, all in form and substance reasonably satisfactory to Landlord, naming 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 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 coverage the following coverages and limits of liability, provided that such insurance shall in all events include all coverages and limits required by Law:
(i) Commercial General Liability insurance in an aggregate limit of not less than $2,000,000, including the following:
(1) Product-Comp/OPS aggregate limit of not less than $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 an aggregate limit of not less than $2,000,000.
(iii) Workmen's Compensation and Employer's Liability insurance for (a) all perils included not less than the statutory limits and in no event less than 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.following:
1. Each accident $100,000
2. Disease. policy limit $500,000
3. Disease - each employee $100,000
Appears in 1 contract
Samples: Consent to Sublease (Extricity Inc)
Tenant’s Insurance. Throughout 16.01 Tenant, at Tenaxx'x xxpense, agrees to purchase and maintain in force during the Lease Term, Tenant shall maintain the following coverages in the following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(I: (i) sub-sections (x) and (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial Comprehensive General Liability Insurance, including Broad Form contractual Insurance on an occurrence basis with minimum limits of liability covering the insured against claims in an amount of $500,000 for bodily injury, personal injury or death to any one person and property $500,000 for bodily injury, person injury or death to more than one person, and $100,000 with respect to damage to property, including water and sprinkler damage; and (including loss of use thereofii) based upon or arising out of Tenant’s operationsCasualty insurance to cover his personalty.
16.02 The policies referred to in Section 16.1 shall name Landlord, occupancy or maintenance of the Project Beneficiaries, the Manager and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliate, if any, shall be named their respective agents and employees as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage insureds; and shall be primary contain the following provisions and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policyendorsements: 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 furniturethat such insurance may not be canceled or amended without thirty (30) days prior written notice to Landlord, personal property, business the Beneficiaries 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, Manager; (ii) an express waiver of any right of subrogation by the Improvementsinsurance company against Landlord, the Beneficiaries, the Manager and any other improvements which exist in the Premises as of the Lease Commencement Date (excluding the Base Building) (the “Original Improvements”), their respective agents and employees; and (iii) that the policy shall not be invalidated should the insured waive in writing prior to a loss, any or all Alterations performed rights of recovery against any other party for losses covered by such policies.
16.03 Tenant shall deliver to Landlord, certificates of insurance of all policies and renewals thereof to be maintained by Tenant hereunder, no less than ten (10) day prior to the Commencement Date and note less that ten (10) days prior to the expiration date of each policy. Provided that the insurance policies of Tenant will not be invalidated nor will the right of the insured to collect the proceeds payable under such policies be adversely affected by the waiver contained in the Premises. Such insurance shall be written on a Special Form basisfollowing portion of this sentence, Tenant hereby expressly waves all rights of recovery which it might otherwise have against Landlord, the Beneficiaries, the Manager or their agents, and employees, for loss or damage to person, property or business to the full replacement cost value (subject extent that such loss or damage is covered by valid and collectible insurance policies, notwithstanding that such loss or damage may result form negligence of Landlord, the Beneficiaries, the Manager or their agents or employees. Tenant shall use its best efforts to reasonable deductible amounts), without deduction for depreciation of obtain from its insurer 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 right to waive claims as set forth 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 preceding sentence without thereby invalidating its insurance or stoppage of any pipes, explosion, and backup or overflow from sewers or drainsaffecting its right to proceeds payable thereunder.
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Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain the following coverages in the following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(I10.4(1) sub-sections (x) and (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project Premises and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliateand any other party the Landlord so specifies that has a material financial interest in the Project, including Landlord’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents shall provide an endorsement or policy excerpt showing that Tenant’s coverage shall be is primary and any insurance carried by Landlord shall be excess and non-contributingnoncontributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease up to the limits of such policies (provided that such policy limitation shall not limit Tenant’s liability under this Lease). The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ $5,000,000 each occurrence Property Damage Liability Personal Injury and Advertising Liability $ $5,000,000 each occurrence Liability Tenant Legal Liability/Damage to $1,000,000 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 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, 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, 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 overflow from sewers regulation, or drainsis otherwise available at commercially reasonable rates).
Appears in 1 contract
Samples: Office Lease (TrueCar, Inc.)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain the following coverages in the 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 (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s 's operations, occupancy or maintenance of the Project Premises and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliateand any other party the Landlord so specifies that has a material financial interest in the Project, including Landlord’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s 's form CG2011 or a comparable form approved by Landlord. Tenant represents shall provide an endorsement or policy excerpt showing that Tenant’s coverage shall be is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 5,000,000 each occurrence Property Damage Liability $4,000,000 each occurrence Personal Injury and Advertising Liability $ 5,000,000 $4,000,000 each occurrence Tenant Legal Liability/Damage to Rented $ 500,000.00 Premises LiabilityLiability $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 's business personal property on the Premises installed by, for, or at the expense of Tenant, (ii) the Improvements, 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 whatsoeverwhatsoever (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 overflow from sewers regulation, or drainsis otherwise available at commercially reasonable rates).
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Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain the following coverages in the 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 amounts (x) and (y), or Section 10.4(II) below (as applicable"Tenant's Insurance"). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s 's operations, occupancy or maintenance of the Project Premises and all areas appurtenant thereto. Such insurance shall be written on an “"occurrence” " basis. Landlord or its affiliateand 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, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s 's form CG2011 or Xxxxx 25, as applicable, or a comparable form approved by Landlord. Tenant represents shall provide an endorsement or policy excerpt showing that Tenant’s 's coverage shall be is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage Commercial General Liability Insurance carried by Tenant shall also be extended to include 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 all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s 's indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 5,000,000 each occurrence Property Damage Liability $10,000,000 each occurrence Personal Injury and Advertising Liability $ 5,000,000 $10,000,000 each occurrence Tenant Legal Liability/Damage to Rented $ 500,000.00 Premises LiabilityLiability $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 '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 (excluding the Base Building) (the “Original Improvements”)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 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, 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, (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 overflow from sewers regulation, or drainsis otherwise available at commercially reasonable rates), and (d) the risks of earthquakes.
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Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain the following coverages in the 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 (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project Premises and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliateand any other party the Landlord so specifies that has a material financial interest in the Project, including Landlord’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents shall provide an endorsement or policy excerpt showing that Tenant’s coverage shall be is primary and any insurance carried by Landlord shall be excess and non-non- contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall include severability of interest and cross-liability (separation of insureds) endorsements. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $ 5,000,000 each occurrence Property Damage Liability Personal Injury and Advertising Liability $ 5,000,000 1,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $ 500,000.00 Premises Liability1,000,000.00
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, 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 whatsoeverwhatsoever (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 or overflow from of sewers or drainsand drainage.
Appears in 1 contract
Tenant’s Insurance. Throughout a. Tenant, at its expense, shall obtain and keep in full force and effect during the Lease Term, Tenant shall maintain the following coverages in the following amounts. The required evidence :
i. a policy of coverage must be delivered to Landlord commercial general liability insurance on or before the date required under Section 10.4(I) sub-sections (x) and (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured an occurrence basis against claims of for personal injury, bodily injury, personal injury and death and/or property damage occurring in or about the Complex, under which Tenant is named as the insured and (including loss a) Landlord, (b) any lender whose loan is secured by a lien against the Complex, (c) the property manager for the Complex, (d) their respective shareholders, members, partners, affiliates and subsidiaries, successors and assigns, and (e) any directors, officers, employees, agents, or contractors of use thereof) based upon such persons or arising out of Tenant’s operationsentities are named as additional insureds (collectively, occupancy or maintenance of the Project and all areas appurtenant thereto“Landlord Parties”). Such insurance shall be written on an “occurrence” basis. Landlord or its affiliate, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s provide primary coverage shall be primary and without contribution from any other insurance carried by or for the benefit of the Landlord Parties, and Tenant shall obtain blanket broad-form contractual liability coverage to insure its indemnity obligations set forth in Section 28 of the Lease Agreement. The minimum limits of liability applying exclusively to the Leased Premises shall be excess and non-contributing. The coverage shall also be extended a combined single limit with respect to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as each occurrence in an insured contract for the performance amount of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following$5,000,000 inclusive of an excess coverage; provided, however, that Landlord shall retain the right to require Tenant to increase such limits may coverage from time to time to that amount of insurance which in Landlord’s reasonable judgment is then being customarily required by landlords for similar office space in buildings comparable to the Building. The deductible or self insured retention amount for such policy shall be achieved through reasonable with respect to 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, Tenant’s business and customary practices for tenants having similar net worth to the Tenant;
ii. insurance against loss or damage by fire, and such other risks and hazards as are insurable under then available standard forms of “Special Form Causes of Loss” or “All Risk” property insurance policies with extended coverage, insuring Tenant’s movable fixtures and movable partitions, telephone and other equipment, computer systems, trade fixtures, office equipmentfurniture, free-standing cabinet workfurnishings, movable partitions, merchandise and all other items of personal property which are removable without material damage to the Building (“Tenant’s business personal property on Property”) and all alterations and improvements to the Leased Premises installed by, for, or at (including the expense Leasehold Improvements constructed pursuant to Exhibit G to the Lease Agreement) to the extent such alterations and improvements exceed the cost of Tenant, (ii) the Improvements, and any other improvements which exist typically performed in connection with the initial occupancy of tenants in the Premises as of the Lease Commencement Date Building (excluding the Base Building) (the “Original ImprovementsBuilding Standard Installations”), and (iii) all Alterations performed in the Premises. Such insurance shall be written on a Special Form basis, for the full insurable value thereof or replacement cost value thereof, having a deductible amount (subject to reasonable deductible amountsor self-insured retention amount), without deduction that is reasonable with respect to the Tenant’s business and customary practices for depreciation tenants having similar net worth to the Tenant;
iii. during the performance of any alteration, until completion thereof, Builder’s Risk insurance on an “all risk” basis and on a completed value form including a Permission to Complete and Occupy endorsement, for full replacement value covering the covered items interest of Landlord and Tenant (and their respective contractors and subcontractors) in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for (a) all perils included work incorporated in the CP 10 30 04 02 Coverage Special Form, Building and (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking all materials and equipment in or stoppage of any pipes, explosion, and backup or overflow from sewers or drains.about the Leased Premises;
Appears in 1 contract
Tenant’s Insurance. Throughout Tenant shall, at its own cost, at all times during the Lease Term, Tenant shall maintain the following coverages in the 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 (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this LeaseLease and any extensions hereof, whichever is less.
10.3.1 Commercial General Liability Insuranceprocure and maintain special covered causes of loss insurance on Tenant's Property and the contents of the Premises in an amount equal to full replacement cost thereof Tenant shall also maintain workers' compensation and employers' liability insurance in the minimum statutory amount Tenant shall also maintain commercial general liability insurance on an occurrence basis, including Broad Form contractual liability covering the insured against claims of coverage for bodily injury, property damage, personal injury products and completed operations, liability assumed under an insured contract host liquor legal liability and cross liability with the following limits of liability: One Million Dollars ($1,000,000.00) combined single limit for each occurrence of bodily injury and property damage and personal injury; Two Million Dollars ($2,000,000.00) 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 of liability: One Million Dollars ($1,000,000.00) 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 use thereof) based upon earnings attributable to prevention of access to the Building or arising out Premises as a result of Tenant’s operationssuch perils, occupancy and such other forms and amounts of insurance as Landlord or maintenance of the Project and all areas appurtenant theretoits mortgagee may reasonably require from time to time. Such All such insurance shall be written on an “occurrence” basis. Landlord procured from a responsible insurance company or its affiliatecompanies authorized to do business in the State where the Premises are located, if anywith general policyholder's ratings of not less than "A-" and a financial rating of not less than "VI" in the most current available Best's Insurance Reports, and shall be named otherwise reasonably satisfactory to Landlord. All such policies except Workers Compensation shall name Landlord and Landlord's property management agent as additional insureds as their interests insureds, and shall provide that the same may appear using Insurance Service Organization’s form CG2011 or a comparable form approved not be canceled except upon thirty (30) days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance provided by Landlord. Tenant represents shall provide certificate(s) of such insurance to Landlord prior to occupancy of the Premises and commence- ment of the Lease term and at least thirty (30) days prior to the annual renewal date thereof and upon request from time to time and such certificate(s) shall disclose that Tenant’s coverage shall be primary such insurance names Landlord and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease Landlord's designated property management agent as an insured contract for additional insured, in addition to the performance of all of Tenant’s indemnity obligations under this Leaseother requirements set forth herein. The limits of said such insurance shall not, howeverunder any circumstances, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits Should Tenant fail to procure such insurance within the time period hereinbefore specified, Landlord may, at its option, but Landlord shall have no obligation to do so, procure such insurance and pay the premiums therefor and Tenant agrees to reimburse Landlord for the cost thereof plus interest thereon at the rate of liability insurance eighteen percent (18%) per annum (but in no event in excess of the maximum rate permitted under law), as Additional Rent on the first day of the calendar month following the rendition of the xxxx or bills therefor and Landlord shall not be less than have the following; provided, however, same rights and remedies in enforcing the payment of such limits may be achieved through additional rent as in 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 case of Tenant’s business personal property on 's failure to pay 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 drainsrent herein reserved.
Appears in 1 contract
Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain the following coverages in the 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 (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliateand any other party the Landlord so specifies in writing to Tenant that has a material financial interest in the Project, including Landlord’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents shall provide an endorsement or policy excerpt showing that Tenant’s coverage shall be is primary and any insurance carried by Landlord shall be excess and non-non- contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ Property Damage Liability $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 LiabilityLiability $5,000,000.00
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, 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
Samples: Sublease Agreement (Amplitude, Inc.)
Tenant’s Insurance. Throughout Tenant shall maintain insurance complying with all of the following:
(a) Tenant shall procure, pay for and keep in full force and effect, at all times during the Lease Term, the following:
i. Commercial general liability insurance insuring Tenant shall maintain the following coverages in the 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 (y)against liability for personal injury, or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury death and damage to property occurring within the Premises, or resulting from Tenant’s use or occupancy of the Premises, the Building, the Outside Areas or the Property, or resulting from Tenant’s activities in or about the Premises or the Property, with coverage in an amount equal to Tenant’s Required Liability Coverage (as set forth in Article 1), which insurance shall contain “blanket contractual liability” and “broad form property damage” endorsements insuring Tenant’s performance of Tenant’s obligations to indemnify Landlord as contained in this Lease.
ii. Fire and property damage insurance in “special form” coverage insuring Tenant against loss from physical damage to Tenant’s personal property, inventory, trade fixtures and improvements within the Premises with coverage for the full actual replacement cost thereof;
iii. Business income/extra expense insurance sufficient to pay Base Monthly Rent and Additional Rent for a period of not less than twelve (including loss of use thereof12) based upon or months;
iv. Plate glass insurance, at actual replacement cost;
v. Boiler and machinery insurance, to limits sufficient to restore the Building;
vi. Product liability insurance (including, without limitation, if food and/or beverages are distributed, sold and/or consumed within the Premises, to the extent obtainable, coverage for liability arising out of the distribution, sale, use or consumption of food and/or beverages (including alcoholic beverages, if applicable) at the Premises for not less than Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliate, if any, shall be named Required Liability Coverage (as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 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 set forth in the Premises as of the Lease Commencement Date (excluding the Base Building) (the “Original Improvements”Article 1), 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
Samples: Lease (LumiraDx LTD)
Tenant’s Insurance. Throughout On or before the Lease earlier of the Commencement Date or the date Tenant commences or causes to be commenced any work of any type in the Premises, and continuing during the entire Term, Tenant shall maintain obtain and keep in full force and effect, the following coverages 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, malicious mischief plus earthquake and flood coverage upon property of every description and kind owned by Tenant and located in the following amounts. The required evidence Premises or the Building, or for which Tenant is legally liable or installed by or on behalf of coverage must be delivered to Landlord on Tenant including, without limitation, furniture, equipment and any other personal property, and any Alterations (but excluding the initial Tenant Improvements previously existing or before installed in the date required under Section 10.4(I) sub-sections (x) and (yPremises), or Section 10.4(II) below (as applicable)in an amount not less then the full replacement cost thereof. Such policies In the event that there shall be for a term dispute as to the amount which comprises full replacement cost, the decision of at least one (1) year, Landlord or the length mortgagees of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliate, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The presumptive.
b. Commercial general liability insurance coverage shall also be extended to include damage caused by heaton an occurrence basis, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of including personal injury, bodily injury (including wrongful death), broad form property damage, operations hazard, owner’s protective coverage, contractual liability (including Tenant’s indemnity indemnification obligations under this Lease), liquor liability (if Tenant serves alcohol on the Premises), products and completed operations liability. The limits of said insurance shall not, however, limit the 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 appropriate for tenants of buildings comparable to the Building.
c. Commercial Automobile Liability covering all owned, hired and non-owned automobiles.
d. Worker’s compensation, in statutory amounts and employers liability, covering all persons employed in connection with any work done in, on or about the Premises for which claims for death, bodily injury or illness could be asserted against Landlord, Tenant nor relieve Tenant or the Premises.
e. Umbrella liability insurance on an occurrence basis, in excess of any obligation hereunderand following the form of the underlying insurance described in Section 14.1.b. Limits and 14.1.c. and the employer’s liability coverage in Section 14.1.d. which is at least as broad as each and every area of the underlying policies. Such umbrella liability insurance shall not be less than include pay on behalf of wording, concurrency of effective dates with primary policies, blanket contractual liability, application of primary policy aggregates, and shall provide that if the following; providedunderlying aggregate is exhausted, howeverthe excess coverage will drop down as primary insurance, subject to customary commercially reasonable deductible amounts imposed on umbrella policies.
f. [Intentionally Deleted].
g. Loss of income, extra expense and business interruption insurance in such limits may be achieved through amounts as will reimburse Tenant for 12 months of direct or indirect loss of earnings attributable to all perils commonly insured against by prudent tenants or attributable to prevention of access to 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 furniturePremises, 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 parking areas or to the Premises installed byBuilding as a result of such perils.
h. Any other form or forms of insurance as Tenant or Landlord or the mortgagees of Landlord may reasonably require from time to time, forin form, or at amounts and for insurance risks against which a prudent tenant of a building similar to the expense of TenantBuilding would protect itself, (ii) but only to the Improvements, extent such risks and any other improvements which exist amounts are available 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 market at commercially 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 drainscosts.
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Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain the following coverages in the 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 (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 10.2.1 Commercial General Liability Insurancegeneral liability (CGL) and, including Broad Form contractual liability covering the insured against claims if necessary, commercial umbrella insurance, on an occurrence basis, with a limit of bodily injurynot less than $3,000,000 each occurrence. If such CGL insurance contains a general aggregate limit, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant theretoit shall apply separately to this location. Such CGL insurance shall be written on ISO occurrence form CG 00 01 01 96 (or a substitute form providing equivalent coverage) and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, liability assumed under an “occurrence” basisinsured 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 its affiliatea substitute providing equivalent coverage, and under the commercial umbrella, if any, . This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to Landlord. There shall be named as no endorsement or modification of the 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 insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlordinsured. Tenant represents that Tenant’s coverage shall be primary waives all rights against Landlord and any insurance carried its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke the commercial general liability or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of commercial umbrella 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 maintained pursuant to Rented $ 500,000.00 Premises Liabilitythis agreement.
10.3.2 Property Insurance 10.2.2 Commercial 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 's property on the Premises installed by, for, or at the expense of Tenant, and (ii) the Improvements, 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 PremisesAlterations. Such insurance shall be written on a Special Form basiscover the perils insured under the ISO special causes of loss form (CP 10 30) and shall include coverage for vandalism and malicious mischief, terrorism coverage for both certified and non-certified acts of terrorism, water damage, sprinkler leakage coverage and boiler and machinery (systems breakdown). The amount insured shall equal the full replacement cost value (subject to reasonable deductible amounts), new without deduction for depreciation of the covered items 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 that meet any co-insurance clauses as will reimburse Tenant for direct or indirect loss of the policies of insurance and shall include coverage for (a) earnings attributable to all perils included in commonly insured against by prudent tenants or attributable to prevention of access to the CP 10 30 04 02 Coverage Special FormPremises 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 with limits not less than $1,000,000 each accident for bodily injury by accident or $1,000,000 each employee for bodily injury by disease. 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 workers compensation and employers liability obtained by Tenant. Tenant shall obtain an endorsement to effect this waiver.
10.2.5 Professional Liability insurance of not less than $1,000,000.00 each claim/aggregate, including limited contractual liability coverage. Insurance will be maintained in force, for a period of three (b3) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage years after lease expiration. The retroactive date on the policy will pre-date the beginning of any pipes, explosionthis lease, and backup or overflow from sewers or drainsthe retroactive date will not be advanced during the period that this lease is in effect.
Appears in 1 contract
Samples: Office Lease (INX Inc)
Tenant’s Insurance. Throughout Tenant shall, at all times during the Lease TermTerm and at its own cost and expense, maintain in force and effect the following insurance coverage:
(a) Worker’s Compensation Statutory Amount
(b) Comprehensive General Liability Insurance including Blanket Comprehensive Liability Broad Form Property Damage, Personal Injury, Completed Operations, Products Liability Owner’s and Contractor’s Protective Insurance (during construction), Fire Legal Liability, Fire Damage (including the Broad Form Comprehensive General Liability Endorsement, GL-0404 or its successor) Not less than $3,000,000.00 Combined Single Limit for both bodily injury and property damage; Fire Legal Liability not less than $3,000,000.00
(c) All Risk Casualty Insurance against loss or damage by fire or other perils, including sprinkler leakage, vandalism and malicious mischief and Builder’s Risk Insurance (during construction). 100% of the replacement cost of all tenant improvements (other than Landlord’s Work) as described in Exhibit “C”, fixtures, furniture, equipment and inventory.
(d) Plate Glass Insurance Replacement value. Such insurance shall name Landlord and its lender, Long Term Credit Bank of Japan, Ltd., as an additional insured. No deductible amount shall exceed $5,000.00. The limits of such insurance shall not limit the liability of Tenant. Tenant shall maintain deliver to Landlord, prior to the following coverages Commencement Date of this Lease, certificates of insurance evidencing the existence and amounts of such insurance with loss payable clauses satisfactory to Landlord. Tenant shall, within thirty (30) days prior to the expiration of such policies, furnish Landlord with renewals or binders satisfactory to Landlord, 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 and not contributing with coverage which Landlord may carry. All the insurance required under this Lease shall be issued by insurance companies authorized to do business in the following amountsState of California, with a financial rating of at least an A-XII status as rated in the most recent edition of Best’s Insurance Reports. The required evidence Tenant shall obtain a written obligation on the part of coverage must each insurance company to notify Landlord at least thirty (30) days prior to cancellation of such insurance. Such policies or duly executed certificates of insurance shall be promptly delivered to Landlord and renewals thereof, as required, shall be delivered to Landlord on or before the date required under Section 10.4(I) sub-sections (x) and (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one thirty (130) year, or days prior to the length expiration of the remaining term respective policy terms. Tenant’s failure to comply with the foregoing requirements relating to insurance and failure to cure the same within ten (10) days of receipt of Landlord’s notice in connection therewith shall constitute an event of default hereunder. In addition to the remedies provided in Article XVIII of this Lease, whichever Landlord may, but is less.
10.3.1 Commercial General Liability Insurancenot obligated to, including Broad Form contractual liability covering obtain such insurance, and Tenant shall pay to Landlord upon demand as Additional Rent the insured against claims premium cost thereof plus interest at the Default Rate from the date of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliate, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried payment by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused until repaid by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 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 1 contract
Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain the following coverages procure, keep in the following amounts. The required evidence force and pay for insurance covering all claims and demands for injury to or death of coverage must be delivered persons or damage to Landlord on property arising out of or before the date required under Section 10.4(I) sub-sections (x) and (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length related to Tenant's occupancy of the remaining term Premises. Insurance shall not be in amounts less than the following: COMMERCIAL GENERAL LIABILITY $ 1,000,000 combined single limit per occurrence, Coverage A $ 1,000,000 any one person or organization, 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, applying per location, per project OR $4,000,000 general aggregate The general liability is to be written on the 1988 Insurance Services Office form and shall extend to broad form contractual liability covering the indemnification provisions of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurancepremises-operations liability, including Broad Form contractual liability covering the insured against claims of bodily injuryindependent contractors liability, products and completed operations liability, personal injury liability, and property damage (including loss of use thereof) based upon or arising out of Tenant’s operationshost liquor liability. UMBRELLA LIABILITY $ 5,000,000 each occurrence $ 5,000,000 aggregate WORKERS' COMPENSATION Coverage A Workers' Compensation -Statutory Coverage B Employer's Liability - $500,000 bodily injury by accident, occupancy or maintenance of each accident $500,000 bodily injury by disease, each employee $1,000,000 bodily injury by disease, policy aggregate AUTOMOBILE LIABILITY $1,000,000 Combined single limit, each accident applying to all owned, hired and nonowned automobiles GLASS COVERAGE Covering all glass windows on the Project and all areas appurtenant thereto. Such insurance shall Property in such reasonable amounts as may be written on an “occurrence” basis. Landlord or its affiliate, 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 established from time to time by Landlord. Tenant represents that CONTENTS AND LEASEHOLD IMPROVEMENTS COVERAGE Adequately insuring all property situated in the Premises, the Building or elsewhere on the Property and belonging to or removable by Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance BUSINESS INTERRUPTION COVERAGE Insurance shall not be less than the following; provided, however, such limits higher amounts as are customarily carried by responsible tenants of comparable premises in Boston or Waltham and as 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 required by Landlord from time 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 drainstime.
Appears in 1 contract
Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain the following coverages in the 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 (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s 's operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “"occurrence” " basis. Landlord or its affiliateand any other party the Landlord so specifies that has a material financial interest in the Project, including Landlord's managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s 's form CG2011 or a comparable form approved by Landlord. Tenant represents shall provide an endorsement or policy excerpt showing that Tenant’s 's coverage shall be is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s 's indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 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 LiabilityLiability $5,000,000 each occurrence $5,000,000 each occurrence $2,000,000
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 '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 1 contract
Samples: Assignment and Assumption of Lease (Halozyme Therapeutics, Inc.)
Tenant’s Insurance. Throughout Effective as of the Lease earlier of (a) the date Tenant enters or occupies the Premises, or (b) the Commencement Date, and continuing throughout the Term, Tenant shall maintain the following coverages in the 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 (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one insurance policies: (1) yearcommercial general liability insurance in amounts of $1,000,000 per occurrence, $2,000,000 in the aggregate and $5,000,000 umbrella coverage, or such other amounts as Landlord may from time to time reasonably require (and, if the length use and occupancy of the remaining term Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy, 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 in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord’s property management company and Landlord’s asset management company against all liability for injury to or death of this Leasea person or persons or damage to property arising from the use and occupancy of the Premises, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability (2) insurance covering the insured against claims full value of bodily injuryall alterations and improvements and betterments in the Premises, personal injury naming Landlord and property damage (including loss of use thereof) based upon or arising out of TenantLandlord’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliate, if any, shall be named Mortgagee as additional insureds loss payees as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any appear, (3) insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for covering the performance full value of all furniture, trade fixtures and personal property (including property of Tenant or others) in the Premises or otherwise placed in the Premises by or on behalf of a Tenant Party, (4) contractual liability insurance sufficient to cover Tenant’s indemnity obligations under this Leasehereunder (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy), (5) worker’s compensation insurance, and (6) business interruption insurance. The limits Tenant’s insurance shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. Tenant shall furnish to Landlord certificates of such insurance and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required hereunder at least ten (10) days prior to the earlier of the Commencement Date or the date Tenant enters or occupies the Premises, and at least fifteen (15) days prior to each renewal of said insurance, and Tenant shall obtain a written obligation on the part of each insurance shall not, however, limit the liability of Tenant nor relieve Tenant company to notify Landlord at least thirty (30) days before cancellation or a material change of any obligation hereundersuch insurance policies. Limits All such insurance policies shall be in form reasonably satisfactory to Landlord and issued by companies licensed to do business in the state in which the Premises is located and having an A.M. Best rating of liability at least A:X (or the equivalent of such rating) or otherwise approved in writing by Landlord. If Tenant fails to comply with the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any other remedy available pursuant to this Lease or otherwise, may, but shall not be less than the following; providedobligated to, however, obtain 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 Tenant shall include coverage for (a) all perils included in pay to Landlord on demand the CP 10 30 04 02 Coverage Special Formpremium costs thereof, and (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage plus an administrative fee of any pipes, explosion, and backup or overflow from sewers or drains15% of such cost.
Appears in 1 contract
Samples: Lease Agreement (Intermolecular Inc)
Tenant’s Insurance. Throughout Tenant covenants and agrees that from and after the Lease Termdate of delivery of the Premises from Landlord to Tenant, Tenant shall maintain will carry and maintain, at its sole cost and expense, the following coverages types of insurance, in the following amounts. The required evidence of coverage must be delivered to Landlord on or before amounts specified and in the date required under Section 10.4(Iform hereinafter provided for:
(i) sub-sections (x) and (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance(“CGL”) Insurance written on an occurrence basis, including Broad Form contractual liability covering the insured Premises and all operations of Tenant in or about the Premises against claims of for bodily injury, personal injury death, property damage, products liability and property damage (including loss of use thereof) based upon or arising out of completed operations and to include contractual liability coverage insuring Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliate, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity indemnification obligations under this Lease, to be in combined single limits of not less than $2,000,000 each occurrence for bodily injury, death and property 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 said insurance shall not, however, limit such policy apply separately to 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 $ 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 LiabilityPremises.
10.3.2 Property (ii) Insurance covering (i) all office furnitureof the items included in Tenant’s heating, personal propertyventilating and air conditioning equipment maintained by Tenant, business and Xxxxxx’s trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property from time to time in, on or upon the Premises installed by, for, or at the expense of Tenant, (ii) the ImprovementsPremises, and all Tenant Improvements and any other improvements which exist Alterations in an amount not less than one hundred percent (100%) of their full replacement value from time to time during the Premises as 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. Any policy proceeds from such insurance shall be held in trust by Xxxxxx’s insurance company for the repair, construction and restoration or replacement of the property damaged or destroyed unless this Lease Commencement Date (excluding shall cease and terminate under the Base Building) (the “Original Improvements”), and provisions of Article 22 above.
(iii) all Alterations performed 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 not less than fifty percent (50%) of the estimated gross earnings (as defined in the standard form of business interruption insurance policy) of Tenant at the Premises. Such , which insurance shall be written issued on a Special Form basis, for the full replacement cost value “special form” basis (subject to reasonable deductible amountsor its equivalent), 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
Samples: Office Lease Agreement (Turo Inc.)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain the following coverages procure, keep in the following amounts. The required evidence force and pay for insurance covering all claims and demands for injury to or death of coverage must be delivered persons or damage to Landlord on or before the date required under Section 10.4(I) sub-sections (x) and (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of or related to Tenant’s operations, occupancy or maintenance of the Project 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 all areas appurtenant thereto. Such 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 shall is to be written on an “occurrence” basis. Landlord the 2001 Insurance Services Office form or its affiliateequivalent. UMBRELLA LIABILITY $5,000,000 each occurrence $5,000,000 aggregate WORKERS’ COMPENSATION Coverage B Employer’s Liability - $500,000 bodily injury by accident, each accident $500,000 bodily injury by disease, each employee $500,000 bodily injury by disease, policy aggregate AUTOMOBILE LIABILITY $1,000,000 Combined single limit, each accident applying to all owned, hired and non-owned automobiles GLASS COVERAGE Covering interior glass windows in the Premises, if any, shall in such reasonable amounts as may be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved established from time to time by Landlord. Tenant represents that CONTENTS AND LEASEHOLD IMPROVEMENTS COVERAGE Adequately insuring all property situated in the Building or elsewhere on the Property and belonging to or removable by Tenant’s coverage shall be primary . TENANT IMPROVEMENTS COVERAGE Including (i) property insurance on a “Special Form” (formerly “All Risk” form) (including earthquake and any insurance carried flood in reasonable amounts as determined by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as Landlord) in an insured contract for amount not less than 100% of the performance of all then full replacement cost of Tenant’s indemnity obligations 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 (iii) insurance against abatement or loss of rent in case of loss under this Leaseparagraph or other peril similarly insured against in an amount equal to Rent payments to be made by Tenant for eighteen months based on the Rent paid or payable for the most recent complete Lease Year. The limits phrase “replacement cost” shall mean the actual replacement cost of said 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 as is customarily carried by responsible and prudent life science/bio- technology/medical device tenants in the Boston/Cambridge/Waltham Massachusetts markets. All insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance coverages required pursuant to this Section shall not be less than such higher amounts as may from time to time be customarily carried by responsible and prudent tenants of comparable premises in the following; provided, however, such limits Boston/Cambridge/Waltham market area and as may be achieved through required by Landlord from time to time. Provided that the use of an Umbrella/Excess Policy: Bodily Injury Premises are separately scheduled on any such policy or policies 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 (ithe coverage(s) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of provided fulfills Tenant’s business personal property on obligations to provide insurance as set forth in this Lease, the Premises installed by, for, insurance required pursuant to this Section may be provided by means of a policy 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 blanket 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 covering additional items or stoppage of any pipes, explosion, and backup or overflow from sewers or drainsadditional locations.
Appears in 1 contract
Samples: Building Lease (D8 Holdings Corp.)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain the following coverages in the 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 (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this LeaseLease Term, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s 's operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “"occurrence” " basis. Landlord or its affiliateand any other party the Landlord so specifies that has a material financial interest in the Project, including Landlord's managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s 's form CG2011 or a comparable form approved by Landlord. Tenant represents shall provide an endorsement or policy excerpt showing that Tenant’s 's coverage shall be is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s 's indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 5,000,000 each occurrence Property Damage Liability $10,000,000 each occurrence Personal Injury and Advertising Liability $ 5,000,000 $10,000,000 each occurrence Tenant Legal Liability/Damage to Rented $ 500,000.00 Premises LiabilityLiability $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 '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 1 contract
Samples: Lease Agreement (Cytokinetics Inc)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain the following coverages in the 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 (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliateand any other party the Landlord so reasonably specifies that has a material financial interest in the Project, including Landlord’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 (as revised from time to time) or a comparable form reasonably approved by Landlord. Tenant represents shall provide an endorsement or policy excerpt showing that Tenant’s coverage shall be is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 5,000,000 each occurrence Property Damage Liability $25,000,000 each occurrence Personal Injury and Advertising Liability $ 5,000,000 $25,000,000 each occurrence Tenant Legal Liability/Damage to Rented $ 500,000.00 Premises LiabilityLiability $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, 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, 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
Samples: Office Lease (Box Inc)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain the following coverages in the 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 (y), or Section 10.4(II) 10.4 below (as applicable). Such policies 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 types of coverage for the Premises and Tenant's activities in the Building that would be provided by a term of at least one (1) year, or separate policy meeting the length of the remaining term requirements of this Lease, whichever is lessSection 10.3.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s 's operations, occupancy or maintenance of the Project Premises and all areas appurtenant thereto. Such insurance shall be written on an “"occurrence” " basis. Landlord or its affiliateand any other party the Landlord so specifies that has a material financial interest in the Project, including Landlord's managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s 's form CG2011 or a comparable form approved by Landlord. Tenant represents shall provide an endorsement or policy excerpt showing that Tenant’s 's coverage shall be is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s 's indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Policy Bodily Injury and $ Property Damage Liability $5,000,000 each occurrence Property Damage Personal Injury, Advertising and Auto Liability Personal Injury and Advertising Liability $ $5,000,000 each occurrence Tenant Legal Liability/Damage to Rented $ 500,000.00 Premises LiabilityLiability $1,000,000.00
10.3.2 Special Form (Causes of Loss) 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 's property on the Premises installed by, for, or at the expense of Tenant, (ii) the "Tenant Improvements, and any other improvements which exist ," as that term is defined in the Premises as Section 2.1 of the Lease Commencement Date Tenant Work Letter (excluding the Base Building) (the “Original Improvements”), and (iii) all Alterations performed in the PremisesAlterations. Such insurance shall be written on a Special Form 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 (a) all perils included in the CP 10 30 04 02 Coverage Special Form, and (b) water damage from any cause whatsoever, 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, leaking bursting or stoppage of any pipes, and explosion, and backup or overflow from sewers or drainsproviding business interruption coverage for a period of one year.
Appears in 1 contract
Samples: Lease (Veeco Instruments Inc)
Tenant’s Insurance. Throughout Tenant covenants and agrees that from and after the Lease Termdate of delivery of the Premises from Landlord to Tenant, Tenant shall maintain will carry and maintain, at its sole cost and expense, the following coverages types of insurance, in the following amounts. The required evidence of coverage must be delivered to Landlord on or before amounts specified and in the date required under Section 10.4(Iform hereinafter provided for:
(i) sub-sections (x) and (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance(“CGL”) Insurance written on an occurrence basis, including Broad Form contractual liability covering the insured Premises and all operations of Tenant in or about the Premises against claims of for bodily injury, personal injury and death, property damage (including loss of use thereof) based upon or arising out of and products liability and to include contractual liability coverage insuring Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliate, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity indemnification obligations under this Lease, to be in combined single limits of not less than $1,000,000 each occurrence for bodily injury, death and property damage, $1,000,000 for products/completed operations aggregate, $1,000,000 for personal injury, and to have general aggregate limits of not less than $1,000,000 (per location) and Umbrella Liability Insurance in an amount not less than $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 said insurance shall not, however, limit such policy apply separately to 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 $ 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 LiabilityPremises.
10.3.2 Property (ii) Insurance covering (i) all office furnitureof the items included in the heating, personal propertyventilating and air conditioning equipment maintained by Tenant, business and Tenant’s trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property from time to time in, on or upon the Premises installed by, for, or at the expense of Tenant, (ii) the ImprovementsPremises, and all Tenant Improvements and any other improvements which exist Alterations in an amount not less than one hundred percent (100%) of their full replacement value from time to time during the Premises as Term, providing protection against perils included within the standard form of the Lease Commencement Date “all-risk” (excluding the Base Buildingi.e., “Special Cause of Loss”) (the “Original Improvements”), fire and casualty insurance policy.
(iii) all Alterations performed Workers’ Compensation insurance in the Premises. Such 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 written issued on a Special Form basis, for the full replacement cost value an “all risk” basis (subject to reasonable deductible amountsor its equivalent), 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
Samples: Office Lease Agreement (Velti PLC)
Tenant’s Insurance. Throughout (A) Commencing as of the Lease Commencement Date, and thereafter throughout the Term, Tenant shall shall, at Tenant's sole cost and expense, provide and maintain the following coverages in the following amounts. The required evidence of or 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 coverage must under Tenant's commercial general liability policy to be delivered to Landlord on or before the date required under Section 10.4(I) sub-sections (x) and (yprimary), or Section 10.4(IIprotecting Tenant, the business operated by Tenant, and any additional insureds (including Landlord) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of for bodily injury, personal injury (including death) and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliate, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 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 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 Special Form basisTen 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 full replacement cost value benefit of, Tenant as underlying policies. All liability policies shall be written on an occurrence form.
(subject to reasonable deductible amounts), without deduction for depreciation 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 items and in amounts that meet any coby the Causes of Loss-Special Form. Such property insurance clauses of the policies of insurance and policy shall include endorsements for coverage for against: (ai) all perils included in the CP 10 30 04 02 Coverage Special Form, earthquake and (b) water damage from any cause whatsoeverflood, including, but not limited to, flood hazard or fault area(s), as 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 the property insurance premium); and (ii) 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 contents, fixtures, equipment and personal property located within the Premises 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, burstingsinkhole and collapse, leaking volcanic action, earthquake or stoppage of any pipes, explosionearth movement, and backup flood, and increased costs of construction and demolition due to law, ordinance and inflation. In addition, Tenant shall self-insure for coverage for damage to plate glass as a result of vandalism or overflow from sewers or drainsother damage, except plate glass covered as a result of a peril insured by Landlord's property insurance required under Section 18.1. The property insurance policy required to be maintained by Tenant under this Section 18.2 shall not provide coverage for Tenant's improvements to the Premises, which improvements shall be insured by Landlord as required under Section 18.1.
Appears in 1 contract
Samples: Lease Agreement (DSW Inc.)
Tenant’s Insurance. Throughout Tenant agrees to maintain in full force and effect at all times during the Lease Term, Tenant shall maintain the following coverages in the 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 (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.at no expense to Landlord, for the protection of Tenant and Landlord, as their interest may appear, policies of insurance issued by a responsible carrier or carriers reasonably acceptable to Landlord which afford the following coverages:
10.3.1 (a) Worker's 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) Property Insurance insuring the Tenant's improvements, Trade Fixtures and personal property against direct risk of loss. Coverage shall be provided on coverage forms at least as broad as the standard Building and Personal Property Coverage Form (CP0010), Business Income Coverage Form (CP0030), Boiler and Machinery Coverage Form (BM0025), Causes of Loss Special Form (CP1030), and Sprinkler Leakage - Earthquake Extension-(CP1039), all as published by ISO Commercial Risk Services, Inc. Replacement cost valuation must apply. The limit of coverage required for business personal property shall be equal to 100% of the current replacement cost value of such business personal property; and
(d) Commercial General Liability InsuranceInsurance with limits not less than the following: $3,000,000 for the occurrence limit, including Broad Form contractual liability covering the insured against claims of bodily injurygeneral aggregate limit, product/completed operations aggregate limit, personal injury and property advertising aggregate limit, $50,000 fire damage (including loss of use thereofany one fire) based upon and $5,000 medical expense (any one person), covering Bodily Injury, Personal Injury and Property Damage liability occasioned by or arising out of Tenant’s operationsor in connection with the use, operation and occupancy or maintenance of the Project and all areas appurtenant theretoPremises. The Landlord retains the right to require reasonable increases in these limits from time to time. Such insurance shall be written provided on an “occurrence” basis. Landlord or its affiliatea coverage form at least as broad as the most recent edition of the standard Commercial General Liability Coverage Form (CG0001) published by ISO Commercial Risk Services, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents Inc. Such policy must cover events that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributingoccur during the policy period regardless of when the claim is made. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease must name the Landlord and Manager as an additional insured contract for using an endorsement form at least as broad as the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 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 most recent addition of the Lease Commencement Date Additional Insured - Managers or Lessors of Premises Endorsement (excluding the Base BuildingCG2011) (the “Original Improvements”)as published 9 by ISO Commercial Risk Services, and (iii) all Alterations performed in the Premises. Inc. Such insurance shall be written on primary insurance to any other insurance that may be available to Landlord. Any other insurance available to Landlord shall be noncontributing with and in excess to such insurance.
(e) Tenant shall have the right to self-insure its Worker's Compensation obligation in an amount at least equal to the minimum requirements imposed by the State of California. Tenant shall deliver to Landlord within five (5) business days after Tenant makes its election to self-insure, a Special Form basiscertificate from the State of California allowing Tenant to so self-insure. Tenant shall deliver to Landlord, for concurrent with execution of this Lease, certificates of insurance, and, with respect to the full replacement cost value insurance policy described in subparagraph (subject to reasonable deductible amounts)d) above, without deduction for depreciation a copy of the covered items and Additional Insured -- Managers or Lessors of Premises Endorsement (CG2011). Such certificates shall provide an obligation by the insurer to notify the Landlord in amounts that meet any cowriting at least thirty (30) days prior to cancellation or non-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 renewal of any pipessuch insurance. Tenant shall endeavor to deliver to Landlord renewal certificates at least seven (7) days prior to the expiration of any insurance policy required hereunder. Notwithstanding the foregoing, explosion, Tenant represents and backup or overflow from sewers or drainswarrants that in no event shall Tenant allow the insurance required under this Lease to lapse.
Appears in 1 contract
Samples: Lease (Accelgraphics Inc)
Tenant’s Insurance. Throughout At all times during the Lease Term, Tenant shall maintain will carry and maintain, at Tenant’s expense, the following coverages insurance, in the following amountsamounts specified below or such other amounts as Landlord may from time to time reasonably request, with insurance companies and on forms satisfactory to Landlord:
(a) Bodily injury and property damage liability insurance, with a combined single occurrence limit of not less than $1,000,000. The required evidence of coverage must All such insurance will be delivered to Landlord on or before the date required under Section 10.4(I) sub-sections (x) and (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, an occurrence ISO commercial general liability form including Broad Form contractual liability covering the insured against claims of bodily injurywithout limitation, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance contractual liability coverage for the performance by Tenant of the Project and all areas appurtenant theretoindemnity agreements set forth in Article XVIII of this Lease. Such insurance shall be written on an “occurrence” basis. include waiver of subrogation rights in favor of Landlord or its affiliate, if any, shall be named as additional insureds as their interests may appear using and Landlord’s management company;
(b) Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of covering all of Tenant’s indemnity obligations under this Leasefurniture 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 the Landlord, in an amount not less than the full replacement cost. The limits Property forms will provide coverage on an open perils basis insuring against “all risks of said insurance shall notdirect physical loss.” All policy proceeds will be used for the repair or replacement of the property damaged or destroyed, however, limit if this Lease ceases under the liability provisions of Article XX, Tenant nor relieve Tenant of will be entitled to 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 proceeds resulting from damage to Tenant’s furniture 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 machinery and 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, stock and any other improvements personal property;
(c) Worker’s compensation insurance insuring against and satisfying Tenant’s obligations and liabilities under the worker’s compensation laws of the state in which exist the Premises are located, including employer’s liability insurance in the Premises as limit of the Lease Commencement Date (excluding the Base Building) (the “Original Improvements”), and (iii) all Alterations performed in the Premises$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 written on carried at a Special Form basis, for limit of liability not less than $1,000,000 combined bodily injury and property damage;
(e) Umbrella liability insurance in excess of the full replacement cost value underlying coverage listed in paragraphs (subject to reasonable deductible amountsa), without deduction for depreciation (c) and (d) above, with limits of the covered items not less than $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 in amounts that meet any co-reputable insurance clauses of the policies of insurance companies qualified to do and shall include coverage for (a) all perils included doing business in the CP 10 30 04 02 Coverage Special Form, state in which the Premises are located and (b) water damage from any cause whatsoever, including, but having a rating not limited to, sprinkler leakage, bursting, leaking or stoppage less than A:VIII as rated in the most current copy of any pipes, explosion, and backup or overflow from sewers or drainsBest’s Insurance Report in the form customary to this locality.
Appears in 1 contract
Tenant’s Insurance. Throughout At all times during the term of this Lease TermAgreement (or such earlier date if Tenant avails itself of its rights under Section 3(c)), Tenant shall obtain and maintain in full force and effect, at Tenant's sole expense:
(a) General liability insurance and automobile liability insurance, maintained on an occurrence basis, which up to the following coverages in the 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 (y), or Section 10.4(II) below (as applicable). Such policies shall be maximum liability amounts thereof against liability for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal including death, and property damage arising out of occurrences on or about the Premises and/or the Building. Coverage shall be included for Premises and Operations, Products and Completed Operations, Contractual Liability, Personal Injury Liability, Broad Form Property Damage, Independent Contractors, Explosion and Collapse Hazard and Underground Property damage with limits of not less than one million dollars ($1,000,000) for bodily injury and property damage from any one occurrence.
(including loss of use thereofb) based upon or arising out of Tenant’s operationsAll-risk casualty insurance, occupancy or maintenance of the Project written at replacement value and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliatewith replacement cost endorsement, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of covering all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not's personal property in the Premises (including, howeverwithout limitation, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; providedinventory, 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 equipmentfloor coverings, free-standing cabinet work, movable partitions, merchandise furniture and other property removable by Tenant under the provisions of this Lease Agreement) and all other items leasehold improvements constructed after the commencement of Tenant’s business personal property on the Premises installed by, for, or at the expense term of Tenant, (ii) the Improvements, and any other improvements which exist this Lease Agreement in the Premises hereunder, insuring Landlord and Tenant as their interest may appear and to an extent sufficient to avoid application 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 penalties.
(c) Workers' Compensation and Employers' Liability and Disability Benefits Law insurance with limits as required by statute. The company or companies issuing any insurance that Tenant is required to obtain and maintain pursuant to this Section and Section 9 hereinabove, and the form of such insurance, shall at all times be subject to the approval of the policies of Landlord, and any such company or companies shall be an insurance and shall include coverage for company (arated grade A-10 or better in Best's Insurance Reports) all perils included licensed to do business in the CP 10 30 04 02 Coverage Special Form, and State of New York. All policies or certificates evidencing such insurance (except for the coverage described in Subsections (b) water damage from any cause whatsoeverand (c) to be obtained by Tenant under this Section) shall name as Additional Insured Landlord and such other person(s) designated by Landlord as having an insurable interest. All such policies shall contain an endorsement providing that the insurer will not cancel or change or refuse to renew such insurance without first giving thirty (30) day's advance written notice to Landlord and all other Named Insureds therein. Within at least ten (10) days prior to the Commencement Date (or the date upon which Tenant enters the Premises as provided in Section 3(c)), includingTenant shall furnish to Landlord certificates for all such insurance required to be obtained and maintained by Tenant and, but not limited to, sprinkler leakage, bursting, leaking or stoppage within thirty (30) days prior to the expiration of any pipessuch insurance, explosion, and backup or overflow from sewers or drainsTenant shall furnish to Landlord certificates evidencing the renewal of such insurance.
Appears in 1 contract
Tenant’s Insurance. Throughout Paragraphs 8.B(1), (2), (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: (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 not less than $3,000,000 in the 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 with limits of $1,000,000 each accident, $1,000,000 disease policy limit, $1,000,000 disease—each employee; (e) Special Form coverage protecting Tenant against loss of or damage 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. In doing so, Tenant shall maintain hereby agrees that Tenant waives all claims for recovery against Landlord for business interruption expenses that would have been covered by the following coverages 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 following amountsgeneral area in which the Premises are located which are similar to and operated for similar purposes as the Premises or if Tenant’s use of the Premises 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. The required evidence A certificate of coverage must Liability insurance on XXXXX Form 25 and a certificate of Property insurance on XXXXX Form 28 shall be delivered to Landlord on or before the date required under Section 10.4(I) sub-sections (x) and (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of by Tenant at least one five (15) year, or the length days prior to each expiration date of the remaining term said insurance. Liability insurance required by this Lease may be provided by any combination of this Lease, whichever is lessdirect and umbrella coverages.
10.3.1 Commercial General Liability Insurance(3) Whenever Tenant shall undertake any alterations, including Broad Form contractual liability covering additions or improvements in, to or about the insured against claims Premises (“Work”) the aforesaid insurance protection must extend to and include injuries to persons and damage to property arising in connection with such Work; and if any additional policies of bodily injuryinsurance are required to provide such coverage, personal injury and property damage (including loss the policies of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such certificates evidencing such insurance shall be written on an “occurrencedelivered to Landlord prior to the commencement of any such Work.” basis. Tenant shall provide Landlord or its affiliatewith a certificate of insurance evidencing Tenant’s insurance, if anyincluding without limitation, shall be named the insurance set forth in this Section 6.6, within ten (10) business days of delivery of this Amendment, executed by Tenant, to Landlord, and thereafter as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved requested by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 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 1 contract
Tenant’s Insurance. Throughout Tenant shall obtain at its own expense and keep in full force and effect during the Lease Term, Tenant shall maintain the following coverages in the following amounts. The required evidence a policy of coverage must be delivered to Landlord on or before the date required commercial general liability insurance (including, without limitation, insurance, covering tenant's contractual liability under Section 10.4(I) sub-sections (x) and (ythis Lease), or Section 10.4(II) below (under which Tenant is named as applicable). Such policies shall be for a term the insured, and Landlord, Landlord's asset manager, Landlord's managing agent, the present and any future mortgagee of at least one (1) year, the Real Property or the length of the remaining term of this LeaseBuilding and/or such other designees specified by Landlord from time to time, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliate, if any, shall be are named as additional insureds insureds, as their interests may appear using Insurance Service Organization’s form CG2011 appear. Such policy shall contain (i) a provision that no act or omission of Tenant shall affect or limit the obligation of the insurance company to pay the amount of any loss sustained subject to customary exclusions reasonably acceptable to Landlord, (ii) a waiver of subrogation against Landlord or a comparable form approved by consent to a waiver of right of recovery against Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may waiver of subrogation shall not be achieved through applicable to the use liability section 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”)such policy, and (iii) all Alterations performed an agreement by the insurer that it will not make any claim against or seek to recover from Landlord for any loss, damage or claim whether or not covered under such policy. Such policy shall also contain a provision which provides the insurance company will not cancel or refuse to renew the policy, or change in any material way (except for increases in coverage) the nature or extent of the coverage provided by such policy, without first giving Landlord at least thirty (30) days written notice by certified mail, return receipt requested, which notice shall contain the policy number and the names of the insureds and policy holder. The minimum limits of liability shall be a combined single limit with respect to each occurrence in an amount of not less than $3,000,000 for injury (or death) and damage to property or such greater amount as Landlord may, from time to time, reasonably require. Tenant shall also maintain at its own expense during the Term a policy of workers' compensation insurance providing statutory benefits for Tenant's employees and employer's liability. Tenant shall provide to Landlord upon execution of this Lease and at least thirty (30) days prior to the termination of any existing policy, a certificate evidencing the effectiveness of the insurance policies required to be maintained hereunder which shall include the named insured, additional insured, carrier, policy number, limits of liability, effective date, the name of the insurance agent and its telephone number. Tenant shall provide Landlord with a certificate evidencing any such policy upon written request of Landlord. Tenant shall have the right to obtain any of the insurance required hereunder pursuant to a blanket policy covering other properties provided the blanket policy contains an endorsement that names Landlord, Landlord's asset manager, Landlord's managing agent, the present and any future mortgagee of the Real Property or the Building and/or such other designees specified by Landlord from time to time, as additional insureds, references the Premises. Such insurance shall be written on , and guarantees a Special Form basis, minimum limit available for the full replacement cost value (subject Premises equal to reasonable deductible amounts)the amount of insurance required to be maintained hereunder. Notwithstanding anything in this Section 9 to the contrary, without deduction for depreciation of to the covered items and extent unavailable, Tenant shall not be required to name Landlord as an additional insured in amounts that meet any co-insurance clauses of the policy or 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.workers' compensation insurance. Each policy required
Appears in 1 contract
Samples: Assignment and Amendment of Lease (Talkpoint Communications Inc)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain procure at its sole cost and expense and keep in effect during the Term the following coverages in the following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(Iinsurance:
(i) sub-sections (x) and (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, commercial general liability insurance including Broad Form contractual liability covering the insured against claims of bodily 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 Provisions) their respective officers, partners, members and 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 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 (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 loss boiler and machinery (if applicable); sprinkler damage, vandalism and malicious mischief) on Tenant’s Work, any Alterations, all other improvements installed in the Premises by or on behalf of use thereof) based upon or arising out Tenant, and all of Tenant’s operationspersonal property, occupancy or maintenance of the Project such insurance to include a building ordinance provision (as to those Alterations for which such a provision will apply) and all areas appurtenant theretobusiness income/extra expense coverage. Such insurance shall be written on in an amount equal to full replacement cost of the aggregate of the foregoing and shall provide coverage comparable to the coverage in the standard ISO “occurrencespecial causes of loss” basis. Landlord or its affiliateform, if anywhen 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 named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 required by Law. Additionally, Tenant shall require all of its contractors, subcontractors, and vendors doing work in or a comparable form approved by Landlord. Tenant represents that 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 meeting all of the requirements of Section 11(d)(i) (but with minimum limits of $1,000,000), workers’ compensation coverage shall including employers liability, and automobile liability coverage and to provide certificates of insurance or such other evidence of insurance as may be primary acceptable to Landlord Additionally, contractors, subcontractors and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for vendors participating in the performance of all construction of Tenant’s indemnity obligations under this Lease. The limits of said Work shall be required to provide the insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 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 specified 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 drainsWork Letter.
Appears in 1 contract
Samples: Sublease Agreement (PubMatic, Inc.)
Tenant’s Insurance. Throughout Tenant shall obtain at its own expense and keep in full force and effect during the Lease Term, Tenant shall maintain the following coverages in the following amounts. The required evidence a policy of coverage must be delivered to Landlord on or before the date required commercial general liability insurance (including, without limitation, insurance covering Tenant’s contractual liability under Section 10.4(I) sub-sections (x) and (ythis Lease), or Section 10.4(II) below (under which Tenant is named as applicable). Such policies shall be for a term the insured, and Landlord, Landlord’s managing agent, the present and any future mortgagee of at least one (1) year, the Real Property or the length of the remaining term of this LeaseBuilding and/or such other designees specified by Landlord from time to time, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliate, if any, shall be are named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 insureds. Such policy shall contain (i) a provision that no act or omission of Tenant shall affect or limit the obligation of the insurance company to pay the amount of any loss sustained, (ii) a waiver of subrogation against Landlord or a comparable form approved consent to a waiver of right of recovery against Landlord and (iii) an agreement by the insurer that it will not make any claim against or seek to recover from Landlord for any loss, damage or claim whether or not covered under such policy. Such policy shall also contain a provision which provides the insurance company will not cancel or refuse to renew the policy, or change in any material way the nature or extent of the coverage provided by such policy, without first giving Landlord at least thirty (30) days written notice by certified mail, return receipt requested, which notice shall contain the policy number and the names of the insureds and policy holder. The minimum limits of liability shall be a combined single limit with respect to each occurrence in an amount of not less than $3,000,000 for injury (or death) and damage to property or such greater amount as Landlord may, from time to time, reasonably require. Tenant shall also maintain at its own expense during the Term a policy of workers’ compensation insurance providing statutory benefits for Tenant’s employees and employer’s liability. Tenant shall provide to Landlord upon execution of this Lease and at least thirty (30) days prior to the termination of any existing policy, a certificate evidencing the effectiveness of the insurance policies required to be maintained hereunder which shall include the named insured, additional insured, carrier, policy number, limits of liability, effective date, the name of the insurance agent and its telephone number. Tenant shall provide Landlord with a complete copy of any such policy upon written request of Landlord. Tenant represents shall have no right to obtain any of the insurance required hereunder pursuant to a blanket policy covering other properties unless the blanket policy contains an endorsement that Tenantnames Landlord, Landlord’s managing agent and/or designees specified by Landlord from time to time, as additional insureds, references the Premises, and guarantees a minimum limit available for the Premises equal to the amount of insurance required to be maintained hereunder. Each policy required hereunder shall contain a clause that the policy and the coverage evidenced thereby shall be primary with respect to any policies carried by Landlord, and that any insurance coverage carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Leaseinsurance. The limits of said the insurance required under this subsection shall not, however, not limit the liability of Tenant nor relieve 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. Limits of liability , order such insurance shall not be less than and pay for 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 same at the expense of Tenant. In such event, (ii) Tenant shall repay the Improvementsamount expended by Landlord, and any other improvements which exist in the Premises as of the Lease Commencement Date (excluding the Base Building) (the “Original Improvements”)with interest thereon, and (iii) all Alterations performed in the Premises. Such insurance shall be immediately upon Landlord’s 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 drainsdemand therefor.
Appears in 1 contract
Samples: Lease Agreement (Intralinks Inc)
Tenant’s Insurance. Throughout Xxxxxx agrees to carry and maintain (i) General Commercial Liability policy insurance including bodily injury and property damage, personal injury, contractual liability with respect to claims, demands or actions by any person, firm or corporation in any way arising from, related to or connected with the Lease Term, Tenant shall maintain conduct and operation of Tenant’s business or use of the following coverages in the 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 (y), or Section 10.4(II) below (as applicable)Premises. Such policies shall be written on a comprehensive basis with limits of not less than $1,000,000.00 per occurrence and $2,000,000 general aggregate, with such higher limits as Landlord may require from time to time; (ii) fire and extended coverage insurance, including endorsements for vandalism, malicious mischief, theft, sprinkler leakage, covering all of Tenant’s property including but not limited to furniture, fittings, installations, alterations, additions, partitions, fixtures, merchandise and anything in the nature of a term leasehold improvement in an amount equal to the full replacement cost of such property without deduction for depreciation showing Landlord and Real Capital Solutions, Inc. (management company) and Landlord’ lender as additional insureds, and certificate holders, as their interests may be; (iii) standard form worker’s compensation and employees liability insurance in amounts as required by any applicable governmental agency or authority; (iv) plate glass insurance in an amount not less than the full replacement costs of any such glass breakage; (v) comprehensive automobile liability insurance policy insuring all owned, non-owned and hired vehicles used in the conduct of Tenant’s business and operated upon or parked upon the Shopping Center area with limits of liability of not less than $1,000,000.00 each person and $1,000,000.00 each occurrence for bodily injury and $500,000.00 each occurrence for property damage; (vi) business interruption insurance, (vii) liquor liability insurance in the amount of $2,000,000.00 (viii) and any other form or forms of insurance as the mortgagees of Landlord may reasonably require from time to time in form, in amounts and for insurance risks against which a prudent tenant would protect itself. All policies shall be in a form satisfactory from time to time to Landlord and taken out with insurers acceptable to Landlord that are licensed or authorized to do business in, and are in good standing with the Department of Insurance, in the State of Colorado and have a current rating issued by A.M. Best Company of not less than A-:VII, and/or whose claim paying ability is rated no lower than A by Standard & Poor’s Ratings Service and A2 by Xxxxx’x Investors Service. Tenant agrees that certificates of insurance or if required by Landlord or the mortgagees of Landlord, certified copy of each insurance policy, shall be delivered to Landlord prior to taking possession and getting keys for the premises. All policies shall require that at least one thirty (130) yeardays prior written notice be delivered to Landlord by the insurers prior to termination, cancellation or material change in such insurance. Tenant agrees that in the event of damage or destruction to the leasehold improvements in the Premises covered by insurance required to be taken out by Tenant pursuant to this section, Tenant shall use the proceeds of such insurance for the purpose of repairing or restoring such leasehold improvements. In the event of damage or destruction of the Shopping Center entitling either Landlord or the length of Tenant to terminate this Lease pursuant to Article XII herein, then if the remaining term Premises have also been damaged, Tenant will surrender to Landlord, in accordance with provisions of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury leasehold improvements and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliate, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 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 1 contract
Samples: Standard Shopping Center Lease
Tenant’s Insurance. Throughout (i) Tenant shall, at its sole cost and expense, maintain in effect at all times during the Lease Term a commercial general liability insurance policy, 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 Contractual Liability (applying to this Lease), or an equivalent form (or forms) affording coverage at least as broad. Landlord and Landlord’s Managing Agent, property manager and lender shall be named as 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 insurance covering all of Tenant’s improvements, fixtures, inventory and other personal property in the Premises against loss by fire and other hazards covered by an “all-risk” form of policy, in an amount equal to the full replacement cost thereof, without deduction for physical depreciation. Such insurance shall include Valuable papers and Records 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 a 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, Tenant shall maintain pay Landlord, upon demand, as Additional Rent, the following coverages amount of such premium increase.
(v) Tenant, upon actual knowledge or receipt of written notice by Landlord, shall not carry any stock of goods, inventory, or Hazardous Substances (as defined in this Lease) or do anything in or about the Premises which will in any way impair or invalidate the obligation of the insurer under any policy of insurance required by this Lease.
(vi) Insurance policies required by this Paragraph 14(b) shall be in a form reasonably acceptable to Landlord, with an insurer or insurers having a Best rating of A-,X or better and qualified to do business in the following amountsState of Texas, and shall require at least thirty (30) days prior written notice to Landlord (and, if requested by Landlord, Landlord’s mortgagee(s)), of termination, cancellation, non-renewal or material alteration. The required evidence of coverage must liability insurance under subparagraph 14(b)(i) shall be delivered primary with respect to Landlord and its agents and not participating with any other available insurance. Prior to the Commencement Date, on or before each anniversary of the date required under Section 10.4(I) sub-sections (x) Commencement Date and (y)at such other times as Landlord may request, Tenant shall deliver to Landlord a certificate evidencing such policies, or Section 10.4(IIother evidence reasonably satisfactory to Landlord, confirming (A) below the terms of the insurance, (as applicable). Such policies shall be for a term of B) that the premiums have been paid at least one (1) yearyear in advance, or and (C) that the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury policies are in full force and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant theretoeffect. Such If Tenant has a blanket insurance shall be written on an “occurrence” basis. Landlord or its affiliate, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include providing coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 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 several properties of Tenant, including the Premises, Landlord will accept a certificate of such insurance, provided:
(ii1) the Improvements, and any other improvements which exist in certificate states 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 types of coverage:
(a2) all perils included the amounts are at least equal to the amounts that would be required in this Lease: and
(3) 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 drainspolicy complies with the other requirements in this Lease.
Appears in 1 contract
Samples: Lease Agreement (Ideal Power Inc.)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain the following coverages in the following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section Sections 10.4(I) sub-sections (x) and (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project Premises and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliateand any other party the Landlord so specifies that has a material financial interest in the Project, including Landlord’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents shall provide an endorsement or policy excerpt showing that Tenant’s coverage shall be is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall include severability of interest and cross-liability (separation of insureds) endorsements. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $ 5,000,000 each occurrence Property Damage Liability Personal Injury and Advertising Liability $ 5,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $ 500,000.00 Premises Liability1,000,000.00
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, 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 whatsoeverwhatsoever (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 overflow from sewers regulation, or drainsis otherwise available at commercially reasonable rates).
Appears in 1 contract
Samples: Office Lease (SERVICE-NOW.COM)
Tenant’s Insurance. Throughout the Term of the Lease Termand any period of renewal thereof, the Tenant shall maintain take out and keep in force the following coverages insurance policies with insurance companies authorized to carry on business in the following amounts. The Province of Quebec:
PART 9.1.1 Insurance against destruction or damage by fire and such other perils as the Landlord shall deem advisable and as would be taken by a prudent owner or as may be required evidence by the Landlord’s mortgagees from time to time including but not limited to standard extended perils or all risk coverage to the extent of the full replacement value thereof;
PART 9.1.2 Boiler and pressure vessel insurance in the form of a comprehensive boiler policy to the extent of the full replacement of the Leased Premises;
PART 9.1.3 All risk coverage must be delivered in an amount sufficient and to Landlord on cover the cost of replacement of all contents, alterations, decorations, fixtures, additions and improvements made, installed or before brought by the date required under Section 10.4(ITenant onto the Leased Premises;
PART 9.1.4 Rental income insurance for an amount equal to the rent, as defined pursuant to Part 4 of this Lease, due and payable for a twelve (12) month period;
PART 9.1.5 Comprehensive insurance against bodily injury and property damage, general liability coverage arising out of the use, maintenance or repair of the Leased Premises and/or the business of the Tenant or any sub-sections (x) and (y)tenant, licensees or Section 10.4(II) below (as applicable). Such policies occupiers of the Leased Premises; such insurance shall be for a term limit of at least no less than $5,000,000 inclusive for any one (1) yearoccurrence;
PART 9.1.6 Coverage for the replacement of all plate glass, broken, cracked or damaged in, on or about the length Leased Premises. Tenant may self-insure for this risk provided it so notifies the Landlord in writing;
PART 9.1.7 Tenant’s legal liability insurances for the actual cash value of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including Leased Premises indicating loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of ;
PART 9.1.8 Business interruption insurance; and
PART 9.1.9 Such other insurance as the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliate, 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 Landlordthe Landlord mortgagee considers reasonably advisable. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 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.LANDLORD TENANT
Appears in 1 contract
Samples: Lease Agreement (Stockeryale Inc)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain insurance complying with all of the following coverages following:
9.1.1 Tenant shall procure, pay for and keep in full force and effect the following:
9.1.1.1 Broad form commercial general liability insurance, including property damage, against liability for personal injury, bodily injury, death and damage to property occurring in or about, or resulting from an occurrence in or about, the Premises with combined single limit coverage of not less than the amount of Tenant’s Minimum Liability Insurance Coverage, which insurance shall contain “fire legal” endorsement coverage and a “contractual liability” endorsement 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 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 following amountscounty 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 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’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 evidence to carry under Section 9.1.1.1 shall name Landlord and 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 not be subject to cancellation, reduction of coverage must or lapse except after at least ten (10) days prior written notice to Landlord, (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 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 delivered to Landlord on prior to the time Tenant or before the date required under Section 10.4(I) sub-sections (x) and (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out any of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliate, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 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 Agents enters the Premises installed by, for, or at the expense and upon renewal 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, includingsuch policies, but not limited toless 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 is to obtain pursuant to this Section 9.1 is not adequate, sprinkler leakagethen Tenant shall increase such coverage for such insurance to such amount as Landlord’s lender or Landlord reasonably deems adequate, bursting, leaking or stoppage not to exceed the level of any pipes, explosion, and backup or overflow from sewers or drainscoverage commonly required by prudent landlords of comparable buildings leased for comparable uses in the vicinity.
Appears in 1 contract
Samples: Lease Agreement (Avago Technologies Manufacturing (Singapore) Pte. Ltd.)
Tenant’s Insurance. Throughout On or before the Lease earlier of any Early Access Period, the Commencement Date or the date Tenant commences or causes to be commenced any work of any type in the Premises, and continuing during the entire Term, Tenant shall maintain obtain and keep in full force and effect, the following coverages in the following amounts. The required evidence insurance with limits of coverage must be delivered to Landlord on or before as set forth in Section 1.14 of the date required under Section 10.4(ISummary:
a. Special Form (formerly known as “all risk”) sub-sections insurance, including fire and extended coverage, sprinkler leakage (x) and (yincluding earthquake sprinkler leakage), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) yearvandalism and malicious mischief with respect to Tenant’s Alterations, or the length of the remaining term of this Leasefurniture, whichever is lessfixtures, equipment and personal property.
10.3.1 b. Commercial General Liability Insurancegeneral liability insurance coverage on an occurrence basis, including Broad Form contractual liability covering the insured against claims of bodily personal injury, personal bodily injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operationswrongful death), occupancy or maintenance of broad form property damage, operations hazard, limited contractual liability, liquor liability (if Tenant commercially serves alcohol on the Project Premises), products and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliate, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Leasecompleted operations liability. The limits of said insurance shall not, however, limit the 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 nor relieve and appropriate for tenants of buildings comparable to the Building. Owner’s protective coverage (which would be applicable only in the 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 amounts and employers liability, covering all persons employed by Tenant 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 any obligation hereunderand following the form of the underlying insurance described in Section 14.1.b. Limits and 14.1.c. and the employer’s liability coverage in Section 14.1.d. which is at least as broad as each and every area of the underlying policies. Such umbrella liability insurance shall not be less than the following; providedinclude pay on behalf of wording, howeverconcurrency of effective dates with primary policies, such limits may be achieved through the use contractual liability, application 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 Improvementsprimary policy aggregates, and any other improvements which exist in shall provide that if the Premises underlying aggregate is exhausted, the excess coverage will drop down as of the Lease Commencement Date (excluding the Base Building) (the “Original Improvements”)primary insurance, 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 customary commercially 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 drainsimposed on umbrella policies.
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Tenant’s Insurance. Throughout Tenant agrees to maintain in full force and ------------------ effect at all times during the Lease Term, at its sole cost and expense, for the protection of Tenant shall maintain and Landlord, as their interests may appear, policies of insurance issued by a responsible carrier or carriers acceptable to Landlord which afford the following coverages coverages:
(i) Commercial general liability insurance in the following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(Ian amount not less than Three Million and no/100ths Dollars ($3,000,000.00) sub-sections (x) and (y), or Section 10.4(II) below (as applicable). Such policies shall be combined single limit for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of both bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s which includes blanket contractual liability broad form property damage, personal injury, completed operations, occupancy and products liability, which policy shall name Landlord and Landlord's Agents as additional insureds and shall contain a provision that "the insurance provided Landlord hereunder shall be primary and non-contributing with any other insurance available to Landlord with respect to any damage, loss, liability or maintenance expense covered by Tenant's indemnity obligations under Paragraph 21.A.(i) of ------------------ the Project Lease."
(ii) Causes of loss special form property insurance (including, without limitation, vandalism, malicious mischief, inflation endorsement, and all areas appurtenant thereto. sprinkler leakage endorsement) on Tenant's Personal Property located on or in the Premises, the security system described in Paragraph 38, the voice and data ------------ system described in Paragraph 39 and the furniture and equipment listed on ------------ Exhibit C. Such insurance shall be written on an “occurrence” basisin 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 or its affiliate, if any, shall have no interest in the insurance proceeds on Tenant's Personal Property but shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended entitled to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 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 proceeds on the Premises installed bysecurity system described in Paragraph --------- 38, forthe voice and data system described in Paragraph 39 and the furniture and -- ------------ equipment listed on Exhibit C. Notwithstanding the foregoing, Tenant shall have --------- the right, at its election, to self-insure with respect to any loss or at the expense of damage to 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 's Personal Property.
(iii) all Alterations performed in the Premises. Such insurance shall be written on a Special Form basisBoiler and machinery insurance, 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 including steam pipes, explosionpressure pipes, condensation return pipes and backup or overflow from sewers or drainsother pressure vessels and HVAC equipment, including miscellaneous electrical apparatus, in an amount satisfactory to Landlord.
Appears in 1 contract
Samples: Lease (Supportsoft Inc)
Tenant’s Insurance. Throughout Tenant covenants and agrees that from and after the Lease Termdate of delivery of the Premises from Landlord to Tenant, Tenant shall maintain will carry and maintain, at its sole cost and expense, the following coverages types of insurance, in the following amounts. The required evidence of coverage must be delivered to Landlord on or before amounts specified and in the date required under Section 10.4(Iform hereinafter provided for:
(i) sub-sections (x) and (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance(“CGL”) Insurance written on an occurrence basis, including Broad Form contractual liability covering the insured Premises and all operations of Tenant in or about the Premises against claims of for bodily injury, personal injury death, property damage, products liability and property damage (including loss of use thereof) based upon or arising out of completed operations and to include contractual liability coverage insuring Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliate, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity indemnification obligations under this Lease, to be in combined single limits of not less than $2,000,000 each occurrence for bodily injury, death and property 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 said insurance shall not, however, limit such policy apply separately to 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 $ 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 LiabilityPremises.
10.3.2 Property (ii) Insurance covering (i) all office furnitureof the items included in Tenant’s heating, personal propertyventilating and air conditioning equipment maintained by Tenant, business and Tenant’s trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and personal property from time to time in, on or upon the Premises, and all other items 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 special cause of loss/special form (formerly, “all risk”) fire and casualty insurance policy. Any policy proceeds from such insurance shall be held in trust by Tenant’s business personal property on insurance company for the Premises installed byrepair, for, construction and restoration or at the expense of Tenant, (ii) the Improvements, and any other improvements which exist in the Premises as replacement of the property damaged or destroyed unless this Lease Commencement Date (excluding shall cease and terminate under the Base Building) (the “Original Improvements”), and provisions of Article 22 above.
(iii) all Alterations performed 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 not less than fifty percent (50%) of the estimated gross earnings (as defined in the standard form of business interruption insurance policy) of Tenant at the Premises. Such , which insurance shall be written issued on a Special Form basis, for the full replacement cost value “special form” basis (subject to reasonable deductible amountsor its equivalent), 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
Samples: Office Lease Agreement (Turo Inc.)
Tenant’s Insurance. Throughout After Tenant commences fixturing pursuant to Section 3.2(a) and during the Lease Term, Tenant shall maintain will provide and keep in force the following coverages insurance:
(a) bodily injury and property damage liability insurance relating to Tenant's business (carried on, in or from the 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 (xPremises) and (y)Tenant's use and occupancy, or Section 10.4(II) below (as applicable). Such policies shall with a combined single occurrence limit of not less than $5,000,000; such insurance will be for on a term of at least one (1) yearcommercial general liability form including, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injurywithout limitation, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance assumed contractual liability for the performance by Tenant of the Project indemnity agreements set forth in Section 7.6; Landlord and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. its mortgagee and any property manager designated by Landlord or its affiliate, if any, shall will be named as additional insureds as their in the policy providing such liability insurance, which will include cross liability and severability of interests may appear using Insurance Service Organization’s form CG2011 clauses or a comparable form endorsements; unless otherwise approved in writing by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury policy will have no deductible 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 Liabilitywill not have a retention or self-insurance provision;
10.3.2 Property Insurance covering (ib) all office furniturerisk property insurance (including fire and standard extended coverage periods, leakage from fire protective devices and other water damage) covering loss or damage to Tenant's fixtures, furnishings, equipment, personal property, business documents, files 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 work products 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 basis in amounts sufficient to prevent Tenant from becoming a coinsurer and with a deductible of $5,000 or less;
(subject to reasonable deductible amounts)c) if any boiler or machinery is operated in the Premises and owned by Tenant, without deduction for depreciation boiler and machinery insurance;
(d) workers' compensation insurance insuring against and satisfying Tenant's obligations and liabilities under the workers' compensation laws of the covered items State of Massachusetts; and
(e) if Tenant operates owned, hired or nonowned vehicles on the Premises, comprehensive automobile liability will be carried at a limit of liability not less than $1,000,000 combined bodily injury and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for (aproperty damage. Insurance effected by Tenant under Sections 7.2(b) all perils included in the CP 10 30 04 02 Coverage Special Form, and (bc) water damage will permit the release of Landlord 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 drainscertain liability under Section 7.4.
Appears in 1 contract
Tenant’s Insurance. Throughout Tenant shall, during the Lease Termterm hereof and any other period of occupancy, Tenant shall maintain at its sole cost and expense, keep in full force and effect the following coverages in insurance:
1. Standard form property insurance insuring against the following amounts. The required evidence perils of fire, extended coverage, vandalism, malicious mischief, special extended coverage must be delivered to Landlord on or before the date required under Section 10.4(I) sub("All-sections (xRisk") and sprinkler leakage. This insurance policy shall be upon all property owned by Tenant, for which Tenant is legally liable or that was installed at Tenant's expense, and which is locate din the Building including, without limitation, furniture, fittings, installations, fixtures (yother than Tenant Improvements installed by Landlord), and any other personal property, in an amount not less than ninety percent (90%) of the full replacement cost thereof. In the event that there shall be a dispute as to the amount, which comprises full replacement cost, the decision of Landlord or Section 10.4(II) below (any Mortgagees of Landlord as applicable)defined in this Lease shall be conclusive. This insurance policy shall also cover direct or indirect loss of Tenant's earnings attributable to Tenant's inability to use fully or obtain access to the Premises or Building in an amount as will properly reimburse Tenant. Such policies policy shall be for a term name Landlord and any Mortgagees of at least one (1) yearLandlord as insured parties, or the length of the remaining term of this Lease, whichever is less.as their respective interests may appear;
10.3.1 Commercial 2. Comprehensive General Liability Insurance, including Broad Form contractual Insurance insuring Tenant against any liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operationsthe lease, use, occupancy or maintenance of the Project Premises and all areas appurtenant thereto. Such insurance shall be written on in the amount of at least $1,000,000 Combined Single Limit for Injury to, or death of one or more persons in an “occurrence” basis. Landlord or its affiliate, if anyand for damage to tangible property (including loss of use) in an occurrence, shall such liability amount may be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried adjusted by Landlord shall be excess and non-contributingfrom time to time upon written notice to Tenant. The coverage Policy shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for insure the performance hazards of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 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 byand Tenant's operations thereon, forindependent contractors, or at contractual liability (covering the expense of Tenant, (iiindemnity contained in Section 18 hereof) 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 shall; (a) all perils included in the CP 10 30 04 02 Coverage Special Form, and name Landlord as an additional insured; (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
Samples: Lease (Eacceleration Corp)
Tenant’s Insurance. Throughout During the Lease Term, Tenant shall maintain the following insurance coverages in the 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 (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 10.2.1 Commercial General Liability Insurancegeneral liability (CGL) insurance and, including Broad Form contractual liability covering the insured against claims if necessary, commercial umbrella insurance, on an occurrence basis, with a limit of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant theretonot less than $3,000,000 each occurrence. Such CGL insurance shall be written on ISO occurrence form CG 00 01 01 96 (or a substitute form providing equivalent coverage) and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, liability assumed under an “occurrence” basisinsured 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 its affiliatea substitute providing equivalent coverage, and under the commercial umbrella, if any, . This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to Landlord. There shall be named as no endorsement or modification of the 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 insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlordinsured. Tenant represents that Tenant’s coverage shall be primary waives all rights against Landlord and any insurance carried its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke the commercial general liability or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of commercial umbrella 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 maintained pursuant to Rented $ 500,000.00 Premises Liabilitythis agreement.
10.3.2 Property Insurance 10.2.2 Commercial property insurance covering (ia) 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 (iib) the Improvements, 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 PremisesAlterations. Such insurance shall be written on a Special Form basiscover the perils insured under the ISO special causes of loss form (CP 10 30) and shall include coverage for vandalism and malicious mischief, terrorism coverage for both certified and non-certified acts of terrorism, water damage, sprinkler leakage coverage, boiler and machinery (systems breakdown) and earthquake sprinkler leakage coverage. The amount insured shall equal the full replacement cost value (subject to reasonable deductible amounts), new without deduction for depreciation of the covered items 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 that meet any co-insurance clauses as will reimburse Tenant for direct or indirect loss of the policies of insurance and shall include coverage for (a) earnings attributable to all perils included in commonly insured against by prudent tenants or attributable to prevention of access to the CP 10 30 04 02 Coverage Special FormPremises 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 with limits not less than $1,000,000 each accident for bodily injury by accident or $1,000,000 each employee for bodily injury by disease. Tenant waives all rights against Landlord and its agents, officers, directors, and (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage employees for recovery of any pipes, explosion, damages to the extent these damages are covered by the worker’s compensation and backup or overflow from sewers or drainsemployers liability obtained by Tenant. Tenant shall obtain an endorsement to effect this waiver.
Appears in 1 contract
Samples: Lease Agreement (DMC Global Inc.)
Tenant’s Insurance. Throughout the Lease Term, a. Tenant shall procure and maintain in force at all times during the following coverages term of this Lease a 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 following amounts. The required evidence of coverage must be delivered Premises to Landlord on or before the date required under Section 10.4(I) sub-sections (x) and (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term extent of at least one ninety percent (190%) year, or of their insurance value. Tenant shall also procure and maintain plate glass coverage with respect to the length of Premises. During the remaining term of this Lease, whichever is lessthe proceeds of any such policy or policies of insurance shall be used solely for the repair and 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 shall be reasonably increased from time to time by Tenant, upon written demand from Landlord.
10.3.1 Commercial General Liability b. Tenant shall procure and maintain at all times during the term of this Lease Workers' Compensation Insurance, including Broad Form contractual . 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 any liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operationsthe use, occupancy occupancy, or maintenance of the Project Premises and all areas appurtenant thereto. Such insurance shall be written on in an “amount not less than $1,000,000.00 per occurrence” basis. Landlord or its affiliate, if any, The amount of such insurance shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved reasonably increased from time to time by Tenant, upon written demand from Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include broad form contractual liability and indemnity coverage for all liabilities assumed under this Lease as an insured contract for which shall insure performance by Tenant of the performance of all of Tenant’s indemnity obligations under this Leaseand defense provisions in paragraph 14. above. The limits of said insurance shall not, however, be construed to limit the liability of Tenant nor relieve under this Lease.
c. Tenant shall procure and maintain at all times during the term 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 this Lease (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 Tenantinterruption insurance, (ii) personal injury insurance with endorsement deleting the Improvementsemployee 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 other improvements which exist costs or claims arising in connection with the Premises as use of the Lease Commencement Date (excluding the Base Building) (the “Original Improvements”)Sunroad Exercise Facility by Tenant or its employees, agents, guests, or invitees, and (iiivi) during any period of alteration or construction by Tenant, Builder's all Alterations performed 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 Premisesclaim 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. Such 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 on a Special Form basisas primary policies, for the full replacement cost value (subject to reasonable deductible amounts)not contributing with and not in excess of coverage which Landlord may carry, without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the all policies of insurance and shall include Tenant's employees as additional insureds. Tenant shall have the right to provide such insurance coverage for 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 (aincluding the declarations pages) all perils included in effect with respect to Tenant's business and 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 drainsPremises.
Appears in 1 contract
Tenant’s Insurance. Throughout Tenant agrees to maintain in full force and ------------------ effect at all times during the Lease Term, at its sole cost and expense, for the protection of Tenant shall maintain and Landlord, as their interests may appear, policies of insurance issued by a responsible carrier or carriers acceptable to Landlord which afford the following coverages coverages:
(i) Commercial general liability insurance in the following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(Ian amount not less than Three Million and no/100ths Dollars ($3,000,000.00) sub-sections (x) and (y), or Section 10.4(II) below (as applicable). Such policies shall be combined single limit for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of both bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s which includes blanket contractual liability broad form property damage, personal injury, completed operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance products liability, which policy shall be written on an “occurrence” basis. name Landlord or its affiliate, if any, shall be named and Landlord's Agents as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or and shall contain a comparable form approved by Landlord. Tenant represents provision that Tenant’s coverage "the insurance provided Landlord hereunder shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended contributing with any other insurance available to include damage caused Landlord with respect to any damage, loss, liability or expense covered by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s 's indemnity obligations under this Paragraph --------- 21.A of the Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 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 ImprovementsCauses of loss-special form property insurance (including, without limitation, vandalism, malicious mischief, inflation endorsement, and any other improvements which exist in the Premises as of the Lease Commencement Date (excluding the Base Buildingsprinkler leakage endorsement) (the “Original Improvements”), and (iii) all Alterations performed on Tenant's Personal Property located on or in the Premises. Such insurance shall be written on in the full amount of the replacement cost, as the same may from time to time increase as a Special Form basisresult of inflation or otherwise. As long as this Lease is in effect, the proceeds of such policy shall be used for the full repair and replacement cost value (subject to reasonable deductible amounts), without deduction for depreciation of the covered such items and in amounts that meet any co-insurance clauses of the policies of insurance and so insured. Landlord shall include coverage for (a) all perils included have no interest in the CP 10 30 04 02 Coverage Special Forminsurance proceeds on Tenant's Personal Property. Notwithstanding the foregoing, Tenant shall have the right, at its election, to self-insure with respect to any loss or damage to Tenant's Personal Property.
(iii) Boiler and (b) water damage from any cause whatsoevermachinery insurance, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage of any including steam pipes, explosionpressure pipes, condensation return pipes and backup other pressure vessels and HVAC equipment, including miscellaneous electrical apparatus, in an amount satisfactory to Landlord.
(iv) Workers compensation insurance in the manner and to the extent required by applicable law and with limits of liability not less than the minimum required under applicable law, covering all employees of Tenant having any duties or overflow from sewers responsibilities in or drainsabout the Premises.
Appears in 1 contract
Samples: Build to Suit Lease (At Home Corp)
Tenant’s Insurance. Throughout At all times during the Lease Term, Tenant shall maintain will carry and maintain, at Tenant's expense, the following coverages insurance, in the following amounts. The required evidence of coverage must be delivered amounts specified below or such other amounts as Landlord may from time to Landlord time reasonably request, with insurance companies and on or before the date required under Section 10.4(Iforms satisfactory to Landlord:
(a) sub-sections (x) and (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal Bodily injury and property damage 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 without limitation, personal injury, products and completed operations, broad form property damage, and contractual liability coverage for the performance by Tenant;
(including loss of use thereofb) based upon or arising out Insurance covering all of Tenant’s operations's furniture and fixtures, occupancy machinery, equipment, stock, and any other personal property owned and used in Tenant's business and found in, on, or maintenance 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 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 workers' compensation laws of the state in which the Project is located, including employers' liability insurance in the limits required by the laws of 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 $3,000,000 combined bodily injury and property damage per occurrence. If Tenant fails to obtain or maintain any insurance required 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 areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliate, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried outlays by Landlord shall be excess and non-contributing. The coverage reimbursed by Tenant to Landlord as Additional Rent unless Tenant shall also be extended to include damage caused by heat, smoke have obtained or fumes reinstated such insurance after 5 days notice from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 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.Landlord..
Appears in 1 contract
Samples: Office Lease (Idt Corp)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain the following coverages in the 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 (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 10.2.1 Commercial General Liability Insurancegeneral liability (CGL) and, including Broad Form contractual liability covering the insured against claims if necessary, commercial umbrella insurance, on an occurrence basis, with a limit of bodily injurynot less than $3,000,000 each occurrence. If such CGL insurance contains a general aggregate limit, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant theretoit shall apply separately to this location. Such CGL insurance shall be written on ISO occurrence form CG 00 01 01 96 (or a substitute form providing equivalent coverage) and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, liability assumed under an “occurrence” basisinsured 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 its affiliatea substitute providing equivalent coverage, and under the commercial umbrella, if any, . This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to Landlord. There shall be named as no endorsement or modification of the 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 insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlordinsured. Tenant represents that Tenant’s coverage shall be primary waives all rights against Landlord and any insurance carried its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke the commercial general liability or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of commercial umbrella 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 maintained pursuant to Rented $ 500,000.00 Premises Liabilitythis agreement.
10.3.2 Property Insurance 10.2.2 Commercial 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) the Improvements, 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 PremisesAlterations. Such insurance shall be written on a Special Form basiscover the perils insured under the ISO special causes of loss form (CP 10 30) and shall include coverage for vandalism and malicious mischief, terrorism coverage for both certified and non-certified acts of terrorism, water damage, sprinkler leakage coverage, boiler and machinery (systems breakdown) and earthquake sprinkler leakage coverage. The amount insured shall equal the full replacement cost value (subject to reasonable deductible amounts), new without deduction for depreciation of the covered items 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 that meet any co-insurance clauses as will reimburse Tenant for direct or indirect loss of the policies of insurance and shall include coverage for (a) earnings attributable to all perils included in commonly insured against by prudent tenants or attributable to prevention of access to the CP 10 30 04 02 Coverage Special FormPremises 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 with limits not less than $1,000,000 each accident for bodily injury by accident or $1,000,000 each employee for bodily injury by disease. Tenant waives all rights against Landlord and its agents, officers, directors, and (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage employees for recovery of any pipes, explosion, damages to the extent these damages are covered by the workers compensation and backup or overflow from sewers or drainsemployers liability obtained by Tenant. Tenant shall obtain an endorsement to effect this waiver.
Appears in 1 contract
Samples: Office Lease (HMS Holdings Corp)
Tenant’s Insurance. Throughout the Lease Term, (a) Tenant shall provide insurance coverage during the Term against loss or damage by fire, other casualty and such other risks (including, but not limited to sprinkler leakage and water damage) as are from time to time included in a standard "all risks" policies for any leasehold improvements, any alterations, Tenant's trade fixtures, furnishings, equipment, and all other items of personal property of Tenant, insuring the full replacement cost or full insurable value thereof, with a deductible not to exceed $2,000,000.
(b) Tenant shall also maintain (i) worker's compensation, if Tenant is a subscriber thereto or if such insurance is otherwise required to comply with Tenant's obligations to its employees under the following coverages law in the 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) Texas; and (y)ii) employer's liability insurance with limits of not less than $500,000 per accident, $500,000 per employee for bodily injury by disease and $500,000 policy limit for bodily injury by disease.
(c) Tenant (with respect to the Leased Premises and Project) shall maintain or Section 10.4(IIcause to be maintained a policy or policies of commercial liability insurance with (i) below (as applicable). Such policies shall be for a term of at least one (1) year, or contractual liability covering the length of the remaining term of indemnification provisions contained in this Lease, whichever is less(ii) broad form property damage liability, and (iii) a severability of interest endorsement. Such policy or policies shall have limits of not less than $1,000,000 combined single limit per occurrence and not less than $2,000,000 in the aggregate for bodily injury, sickness or death, and property damage and umbrella coverage or excess liability insurance of not less than $3,000,000 involving or arising out of use, occupancy, maintenance or condition of the Leased Premises, Building or Project or Tenant's operations, the premiums thereon fully paid in advance. Any general aggregate limit shall apply on a per location basis.
10.3.1 (d) Tenant shall cause each contractor and subcontractor performing work, on Tenant's behalf, on the Leased Premises to maintain insurance as follows, with such other terms, coverages and insurers, as Landlord shall reasonably require from time to time:
(i) Commercial General Liability Insurance, including Broad Form coverage for contractual liability covering the insured against claims liability, completed operations coverage and broad form property damage endorsement, to afford protection with limits, for each occurrence, of bodily not less than $1,000,000 with respect to personal injury, personal injury death or property damage.
(ii) Worker's compensation or similar insurance in form and property damage amounts required by law, and Employer's Liability with not less than the following limits: Each Accident $500,000 Disease-Policy Limit $500,000 Disease-Each Employee $500,000
(including loss iii) Builder's risk in amounts at least equal to the full value of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance cost of the Project and all areas appurtenant theretowork being done by such contractor. Such insurance shall contain a waiver of subrogation provision in favor of Landlord, Tenant and all other Additional Insured Parties. Such contractor's insurance shall be written on an “occurrence” basisprimary and not contributory to that carried by Tenant, Landlord and all other Additional Insured Parties. Tenant and Landlord or its affiliate, if any, shall each be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlordinsured on such contractor's insurance policies, with the exception of the policy providing workers' compensation insurance. Tenant represents shall deliver, or cause to be delivered, to Landlord certificates evidencing all required insurance under this subsection (d) no later than five (5) days prior to the start of any work. Each certificate will provide that the applicable insurance company shall provide 20 days' prior written notice to Tenant’s , Landlord and all other Additional Insured Parties prior to any cancellation or material modification of such insurance policies. Tenant agrees that Tenant shall not permit any contractor or subcontractor to perform work on the Leased Premises without current evidence of such coverage and Tenant shall be primary solely responsible for monitoring the insurance for compliance with this Section. Dependent upon the scope of work to be performed at the Leased Premises, Landlord has the right to require increased limits or broader coverages as Landlord reasonably deems appropriate.
(e) All policies required to be carried by Tenant under this Section 5.13, shall be written with financially responsible insurance companies authorized to do business and licensed in Texas having a Best's Insurance Guide (or any successor thereto (or if there be none, an organization having a national reputation)) Rating of "A-" and a "Financial Size Category" of at least "VIII" or, if such ratings are not then in effect, the equivalent thereof.
(f) All evidence of insurance provided to Landlord shall provide (i) evidence satisfactory to Landlord that Landlord, Landlord's property manager, all Superior Lessors, all Mortgagees and any other parties whose names shall have been furnished by Landlord to Tenant from time to time and each of their respective partners, shareholders, members, officers, directors, agents and employees (the foregoing parties are collectively referred to herein as the "Additional Insured Parties") are each named as additional insureds (except to the extent not available in respect of worker's compensation insurance), but only to the extent of Tenant's obligations, liabilities and indemnities under this Lease, and where applicable loss payee and (ii) an endorsement whereby the insurer agrees not to cancel or alter the policy without at least 30 days' prior written notice to Landlord and all other Additional Insured Parties. Any deductible or self-insurance carried provisions under any insurance policies maintained by Tenant shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld.
(g) If Tenant fails to provide evidence of insurance required by this Lease, prior to commencement of the Term, and at any time during the Term, within 15 days prior to the expiration date of any such coverage, Landlord shall be excess authorized (but not required) to procure such coverage in the amounts stated with all costs thereof to be charged to Tenant and non-contributing. paid upon written invoice therefor as Additional Rent.
(h) The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed certificates evidencing Tenant's insurance required under this Lease (which Tenant shall provide to Landlord prior to the Commencement Date or the expiration date of such particular coverage, as an insured contract for applicable) shall state that (i) to the performance of all of extent covered by the particular policy (nothing herein being intended to limit Tenant’s indemnity 's obligations to provide such insurance hereunder), the insurance includes the liability assumed by Tenant under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 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, Tenant's insurance is primary and that any other improvements which exist in the Premises as insurance available to Landlord or any other of the Additional Insured Parties is excess coverage, but only to the extent of Tenant's obligations, liabilities and indemnities under this Lease, (iii) Landlord and all other Additional Insured Parties are each an additional insured, but only to the extent of Tenant's obligations, liabilities and indemnities under this Lease Commencement Date (excluding the Base Building) (the “Original Improvements”)and where applicable loss payee, and (iiiiv) all Alterations performed in Landlord and each other Additional Insured Party shall receive written notice from the Premises. Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject company 30 days prior to reasonable deductible amounts), without deduction for depreciation any cancellation or material modification 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 drainssuch policy.
Appears in 1 contract
Samples: Lease Agreement (Transcontinental Gas Pipe Line Corp)
Tenant’s Insurance. Throughout Xxxxxx agrees to carry and maintain (i) General Commercial Liability policy insurance including bodily injury and property damage, personal injury, contractual liability with respect to claims, demands or actions by any person, firm or corporation in any way arising from, related to or connected with the Lease Term, Tenant shall maintain conduct and operation of Tenant’s business or use of the following coverages in the 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 (y), or Section 10.4(II) below (as applicable)Premises. Such policies shall be written on a comprehensive basis with limits of not less than $1,000,000.00 per occurrence and $2,000,000 general aggregate; (ii) fire and extended coverage insurance, including endorsements for vandalism, malicious mischief, theft, sprinkler leakage, covering all of Tenant’s property including but not limited to furniture, fittings, installations, alterations, additions, partitions, fixtures, merchandise and anything in the nature of a term leasehold improvement in an amount equal to the full replacement cost of such property without deduction for depreciation showing Landlord and Real Capital Solutions, Inc. (management company) and Landlord’ lender as additional insureds, and certificate holders, as their interests may be; (iii) standard form worker’s compensation and employees liability insurance in amounts as required by any applicable governmental agency or authority; (iv) plate glass insurance in an amount not less than the full replacement costs of any such glass breakage; (v) comprehensive automobile liability insurance policy insuring all owned, non-owned and hired vehicles used in the conduct of Tenant’s business and operated upon or parked upon the Shopping Center area with limits of liability of not less than $1,000,000.00 each person and $1,000,000.00 each occurrence for bodily injury and $500,000.00 each occurrence for property damage; (vi) business interruption insurance, (vii) and any other form or forms of insurance as the mortgagees of Landlord may reasonably require from time to time in form, in amounts and for insurance risks against which a prudent tenant would protect itself. All policies shall be in a form satisfactory from time to time to Landlord and taken out with insurers acceptable to Landlord that are licensed or authorized to do business in, and are in good standing with the Department of Insurance, in the State of Colorado and have a current rating issued by A.M. Best Company of not less than A-:VII, and/or whose claim paying ability is rated no lower than A by Standard & Poor’s Ratings Service and A2 by Xxxxx’x Investors Service. Tenant agrees that certificates of insurance or if required by Landlord or the mortgagees of Landlord, certified copy of each insurance policy, shall be delivered to Landlord prior to taking possession and getting keys for the premises. All policies shall require that at least one thirty (130) yeardays prior written notice be delivered to Landlord by the insurers prior to termination, cancellation or material change in such insurance. Tenant agrees that in the event of damage or destruction to the leasehold improvements in the Premises covered by insurance required to be taken out by Tenant pursuant to this section, Tenant shall use the proceeds of such insurance for the purpose of repairing or restoring such leasehold improvements. In the event of damage or destruction of the Shopping Center entitling either Landlord or the length of Tenant to terminate this Lease pursuant to Article XII herein, then if the remaining term Premises have also been damaged, Tenant will surrender to Landlord, in accordance with provisions of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury leasehold improvements and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliate, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 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 1 contract
Samples: Standard Shopping Center Lease
Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain the following coverages in the following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(I10.4(1) sub-sections (x) and (y), or Section 10.4(II10.4(11) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s 's operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “"occurrence” " basis. Landlord or its affiliateand any other party the Landlord so specifies that has a material financial interest in the Project, including Landlord's managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s 's form CG2011 or a comparable form approved by Landlord. Tenant represents shall provide an endorsement or policy excerpt showing that Tenant’s 's coverage shall be is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s 's indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ $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 $1,000,000.00 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 1 contract
Samples: Office Lease (Affymetrix Inc)
Tenant’s Insurance. Throughout Effective as of the Lease Commencement Date, Tenant, at Tenant’s sole expense, shall obtain and keep in force throughout the Term insurance policies providing the following coverage:
(i) Commercial general liability insurance of not less than $3,000,000 per occurrence, with an annual aggregate limit of not less than $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 San 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 maintain obtain such endorsements to the following coverages 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 endorsed to specifically cover the Premises and shall provide the same amount and types of coverage for the Premises and Tenant’s activities therein that would be 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 following amounts. The required evidence Premises or otherwise placed in the Project by or on behalf of coverage must be delivered a Tenant Party, it being understood that no lack or inadequacy of insurance by Tenant shall in any event make Landlord subject to Landlord on any claim by virtue of any theft of or before loss or damage to any uninsured or inadequately insured property.
(iii) Special Risk Property insurance covering the date required under Section 10.4(I) sub-sections (x) and (y), or Section 10.4(II) below full value of all Alterations (as applicabledefined in Section 23(a). Such policies shall be for a term of at least one (1) yearmade to the Premises by Tenant, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury naming Landlord and property damage (including loss of use thereof) based upon or arising out of TenantLandlord’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliate, if any, shall be named Mortgagee as additional insureds loss payees as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any appear.
(iv) Contractual liability insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended sufficient to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of cover Tenant’s indemnity obligations under this Lease. The hereunder (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy).
(v) Worker’s compensation insurance in amounts not less than statutorily required, and Employers’ Liability insurance with limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than $1,000,000.
(vi) In the following; providedevent Tenant performs any alterations or repairs in, 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, foron, 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 to the Premises. Such insurance shall be written , Builder’s Risk Insurance on a Special Form basisRisk basis (including collapse) on a completed value (non-reporting) form, or by endorsement including such coverage pursuant to Section 9(a)(iii) hereinabove, 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) covering all perils included work incorporated in the CP 10 30 04 02 Coverage Special Form, Building and (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking all materials and equipment in or stoppage of any pipes, explosion, and backup or overflow from sewers or drainsabout the Premises.
Appears in 1 contract
Samples: Sublease (Model N, Inc.)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain the following coverages in the 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 (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliateand any other party the Landlord so specifies that has a material financial interest in the Project, including Landlord’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents shall provide an endorsement or policy excerpt showing that Tenant’s coverage shall be is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ Property Damage Liability $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 LiabilityLiability $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, 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, 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
Samples: Office Lease (Accelrys, Inc.)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain the following coverages in the 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 (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s 's operations, occupancy or maintenance of or from the Project Premises and all areas appurtenant thereto. Such insurance shall be written on an “"occurrence” " basis. Landlord or its affiliateand any other party the Landlord so specifies that has a material financial interest in the Project, including Landlord's managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s 's form CG2011 or a comparable form approved by Landlord. Tenant represents shall provide an endorsement or policy excerpt showing that Tenant’s 's coverage shall be ./ -/// -30- XXXXXX REALTY, L.P. [ACADIA Pharmaceuticals Inc.] is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s 's indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 5,000,000 each occurrence Property Damage Liability $7,000,000 each occurrence Personal Injury and Advertising Liability $ 5,000,000 $7,000,000 each occurrence Tenant Legal Liability/Damage to Rented $ 500,000.00 Premises LiabilityLiability $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 '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, 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. Throughout (a) Tenant shall, at Tenant's sole cost and expense for the Lease Termmutual benefit of Landlord and Tenant, Tenant shall maintain throughout the following coverages in the 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 (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term Term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of personal and bodily injury, personal injury and property damage liability insurance against claims for bodily injury, death or property damage occurring on, in or about the Premises of not less than One Million Dollars (including loss $1,000,000) in respect of use thereofpersonal injury or death to any one person and of not less than One Million Dollars ($1,000,000) based upon or arising out in respect of Tenant’s operationsany one accident and of not less then One Million Dollars ($1,000,000) property damage aggregate coverage. During the period of any construction, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliate, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended cause its Contractors to include damage caused by heatalso maintain such coverage.
(b) Tenant shall, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract at Tenant's sole cost and expense, obtain and maintain in effect throughout the Term insurance policies providing for the performance of following coverage: all of Tenant’s indemnity obligations under this Lease. The limits of said risk and property insurance shall notagainst fire, howevertheft, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; providedvandalism, howevermalicious mischief, sprinkler leakage and such limits additional perils as now are or hereafter 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 included in a standard extended coverage endorsement insuring Tenant's trade fixtures, office equipmentfurnishings, free-standing cabinet work, movable partitions, merchandise equipment and all other items of Tenant’s business personal property of Tenant located 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 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 (subject to reasonable deductible amounts), without deduction for depreciation of the covered items Premises, from time to time. Landlord shall be the named insured under such policies and all proceeds of such insurance shall be payable solely to Landlord. Deductibles under the insurance in amounts this sub-Paragraph (c) shall be as are commercially available at the time of issuance and Landlord acknowledges and agrees that meet any co-the deductibles presently available for wind/hail insurance clauses 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 in which the Premises are located, are 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 Work, and thereafter not less than 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 evidencing the payment of premiums necessary to maintain such insurance coverages.
(e) All policies of insurance provided in this paragraph shall name Landlord and, at Landlord's request Landlord's mortgagee and/or any management agent as additional-named insureds, unless indicated otherwise. Each policy of insurance shall provide that such insurance policy shall not be cancelled unless Landlord shall have received twenty (20) days prior written notice of cancellation. Tenant shall require its insurer(s) to include in 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 waive any rights of subrogation against Landlord. Tenant hereby releases Landlord and shall include coverage for (a) all perils included in the CP 10 30 04 02 Coverage Special Formits partners, officers, directors, agents and (b) water damage employees from any cause whatsoeverand all liability or responsibility to Tenant or any person claiming by, includingthrough or under Tenant, but not limited toby way of subrogation or otherwise, sprinkler leakagefor any injury, burstingloss or damage to Tenant's property covered by a valid and collectible fire insurance policy with extended coverage endorsement.
(f) Notwithstanding the foregoing, leaking or stoppage attached hereto as Exhibit C is copy of any pipes, explosion, the certificate of insurance which the parties agree satisfies all the requirements and backup or overflow from sewers or drainslimits set forth in this Section.
Appears in 1 contract
Samples: Lease Agreement (Imaging Diagnostic Systems Inc /Fl/)
Tenant’s Insurance. Throughout On or before the earlier to occur of (i) the Commencement Date; or (ii) the date Tenant commences 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 shall maintain will carry and maintain, at Tenant’s expense, the following coverages insurance, in the following amountsminimum amounts specified below or such other amounts as Landlord may from time to time reasonably request, with insurance companies and on forms reasonably satisfactory to Landlord:
(a) Commercial general liability insurance, with a combined single occurrence limit and aggregate of not less than $1,000,000. The required evidence All such insurance will be on an occurrence ISO form including without limitation, bodily injury, property damage, personal injury, advertising injury, products and completed operations liability, and contractual liability coverage for the performance by Tenant of the indemnity agreements set forth in this Lease;
(b) A policy of cause of loss-specialty property insurance coverage must be delivered at least equal to Landlord ISO Special Form Causes of Loss and covering all of Tenant’s furniture and fixtures, machinery, Park Ten Plaza – RigNet, Inc. Table of Contents equipment, stock and any other personal property owned and used in Tenant’s business and found in, on or before about the date required Project, and any leasehold improvements to the Premises in excess of any initial buildout of the Premises by Landlord, in an amount not less than the full replacement cost;
(c) Worker’s compensation insurance insuring against and satisfying Tenant’s obligations and liabilities under Section 10.4(Ithe worker’s compensation laws of the state in which the Premises are located, including employer’s liability insurance in the limit of $1,000,000 aggregate;
(d) sub-sections 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;
(xe) Umbrella liability insurance in excess of the underlying coverage listed in paragraphs (a), (c) and (y)d) above, with limits of not less than $4,000,000 per occurrence/$4,000,000 aggregate;
(f) Loss of income and extra expense insurance and contingent business income insurance in amounts as will reimburse Tenant for direct or indirect loss of earning attributable to all perils insured against under the ISO Causes of Loss - Special Form Coverage, or Section 10.4(II) below (attributable to prevention of access to the Premises as applicable). Such policies shall be for a term result of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant theretosuch perils. Such insurance shall provide for an extended period of indemnity to be written on an “occurrence” basis. Landlord or its affiliate, if any, not less than 12 months; and
(g) All insurance required under this Section 15.3 shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or 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 comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance policyholder rating of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use “A” and a financial rating 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 “VIII” in the Premises as most current copy of the Lease Commencement Date (excluding the Base Building) (the “Original Improvements”), and (iii) all Alterations performed Best’s Insurance Report in the Premises. Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject form customary 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 drainsthis locality.
Appears in 1 contract
Samples: Office Lease (RigNet, Inc.)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain the following coverages in the 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 (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliateand any other party the Landlord so specifies that has a material financial interest in the Project, including Landlord’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents shall provide an endorsement or policy excerpt showing that Tenant’s coverage shall be is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions pertaining to additional insureds. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ Property Damage Liability $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 LiabilityLiability $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, 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., and
Appears in 1 contract
Samples: Office Lease (Versartis, Inc.)
Tenant’s Insurance. Throughout At all times after the Lease TermLeased Premises are released to Tenant for construction of its improvements, Tenant shall maintain the following coverages in the 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) carry and (y)maintain, or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one its sole expense:
(1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurancegeneral liability insurance, including Broad Form insurance against assumed or contractual liability covering the insured under this Lease against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or any liability arising out of Tenant’s operationsthe ownership, use, occupancy or maintenance of the Project Leased Premises and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliate, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The afford protection with limits of said insurance shall notnot less than: $2,000,000 General Aggregate $1,000,000 Products/Completed Operation $1,000,000 Per Occurrence $1,000,000 Personal/Advertising Injury $10,000 Medical Payments $150,000 Fire Legal
(2) Special form property insurance, howeverincluding replacement cost endorsement, limit covering the liability value of Tenant nor relieve Tenant the leasehold improvements made by tenant to the Leased Premises and the value of any obligation hereunder. Limits of liability insurance shall not be less than tenant’s personal property in the following; providedLeased Premises (including without limitation, howeverinventory, 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 equipmentfloor coverings, free-standing cabinet work, movable partitions, merchandise furniture and other property removable by Tenant under the provisions of this Lease) and all other items leasehold improvements installed in the Leased Premises by or on behalf of TenantTenant or otherwise. Any deductible under any such policy shall not exceed $5,000.
(3) [Intentionally omitted];
(4) Worker’s business personal property on the Premises installed bycompensation or similar insurance in form and amounts required by law.
(5) Commercial auto limit of $500,000.00. sheetrock or ceiling tiles, forsteam, gas, electricity, water, rain, snow, or at dampness which may leak or issue from or through any part of the expense of TenantLeased Premises, (ii) or from pipes, appliances or plumbing, or from sewers, or the Improvementsstreet, and or subsurface, or from any other improvements which exist in the Premises as place by dampness or other cause of the Lease Commencement Date (excluding the Base Building) (the “Original Improvements”), whatsoever nature unless due to Landlord’s gross negligence or willful misconduct. Tenant shall defend 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 indemnify Landlord from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage claim of any pipes, explosion, and backup or overflow liability from sewers or drainswhich Landlord is hereby exonerated.
Appears in 1 contract
Samples: Lease (Quality Systems Inc)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain the following coverages in the following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(I10.6(I) sub-sections (x) and (y), or Section 10.4(II10.6(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 10.5.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s 's operations, occupancy or maintenance of the Project Premises and all areas appurtenant thereto. Such insurance shall be written on an “"occurrence” " basis. Landlord or its affiliateand any other party the Landlord so specifies that has a material financial interest in the Project, including Landlord's managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s 's form CG2011 or a comparable form approved by Landlord. Tenant represents shall provide an endorsement or policy excerpt showing that Tenant’s 's coverage shall be is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s 's indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ Property Damage Liability $5,000,000 each occurrence Property Damage Liability $5,000,000 each occurrence Personal Injury and Advertising Liability $ $5,000,000 each occurrence Tenant Legal Liability/Damage to Rented $ 500,000.00 Premises LiabilityLiability $1,000,000
10.3.2 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 '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, and (c) terrorism (with respect to which Tenant shall be permitted to self-insure).
Appears in 1 contract
Samples: Office Lease (Nektar Therapeutics)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain the following coverages in the 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 (xSections 10.4(I)(x) and (y10.4(I)(y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project Premises and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliateand any other party the Landlord so specifies that has a material financial interest in the Project, including Landlord’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents shall provide an endorsement or policy excerpt showing that Tenant’s coverage shall be is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 5,000,000 each occurrence Property Damage Liability Five Million Dollars ($5,000,000) each occurrence Personal Injury and Advertising Liability $ 5,000,000 One Million Dollars ($1,000,000) each occurrence Tenant Legal Liability/Damage to Rented $ 500,000.00 Premises LiabilityLiability 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 or overflow from of sewers or drainsand drainage.
Appears in 1 contract
Tenant’s Insurance. Throughout (a) Tenant shall, at Tenant's sole cost and expense, during the Lease Term maintain in effect "All Risks" insurance against damage by fire, vandalism, malicious mischief and other perils contained within the classification of "All Risks" for an amount of up to one hundred percent (100%) of the full replacement cost the Premises and the Buildings, all improvements constructed thereon and any additions thereto or
(b) Tenant shall secure and maintain, at its own expense, at all times during the Term, a policy or policies of commercial general liability insurance protecting Tenant shall maintain and naming Landlord and the following coverages in holders of any deeds of trust, mortgages or ground leases on the 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 (y)Premises, or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured additional insureds against claims of bodily injurybased upon, personal injury and property damage (including loss of use thereof) based upon involving or arising out of Tenant’s 's operations, assumed liabilities or Tenant's use, occupancy or maintenance of the Project and all areas appurtenant theretoPremises. Such insurance shall be written on an “provide for a minimum amount of Five Million Dollars ($5,000,000.00) for property damage or injury to or death of one or more than one person in any one accident or occurrence” basis. Landlord or its affiliate, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage required to be carried shall also be extended include personal injury liability (libel, slander, false arrest and wrongful eviction), broad form property damage liability, products liability, fire legal liability, advertising injury, completed operations coverage (as well as owned, non-owned and hired automobile liability if an exposure exists), and the broadest form of contractual liability coverage available. It is the parties intention that Tenant's policy provide coverage of Tenant's contractual obligations under this Lease, including the indemnification obligations contained in Section 7.3, to include the maximum extent possible. The commercial general liability policy shall contain an exception to any pollution exclusion which exception insures damage caused by or injury arising out of heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 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 basisclaims made basis and contain a separation of insureds provision or cross-liability endorsement acceptable to Landlord.
(c) Tenant shall secure and maintain, at Tenant's expense, at all times during the Term, a policy of physical damage insurance on all of Tenant's fixtures, furnishings, equipment, machinery, merchandise and personal property in the Premises and on any Alterations (as defined in Section 5.6) made by or for Tenant upon the Premises, all for the full replacement cost value (subject to reasonable deductible amounts), thereof without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance. Such insurance shall insure against those risks customarily covered in an "all risk" policy of insurance covering physical loss or damage. Tenant shall use the proceeds from such insurance for the replacement of fixtures, furnishings, equipment and personal property and for the restoration of Alterations to the Premises. In addition, Tenant shall include coverage secure and maintain, at all times during the Term, loss of income, business interruption and extra expense insurance in such amounts as will reimburse Tenant for (a) direct or indirect loss of earnings and incurred costs attributable to all perils included commonly insured against by prudent tenants or attributable to prevention of access to the Premises as a result of such perils.
(d) Tenant shall secure and maintain at all times during the Term workers' compensation insurance in such amounts as are required by law, and all such other insurance as may be required by applicable law or as may be reasonably required by Landlord. In the event Tenant makes any Alterations to the Premises, prior to commencing any work in the CP 10 30 04 02 Coverage Special FormPremises, and (b) water damage from any cause whatsoeverTenant shall secure "builder's all risk" insurance which shall be maintained throughout the course of construction, includingsuch policy being an all risk builder's risk completed value form, in an amount approved by Landlord, but not limited to, sprinkler leakage, bursting, leaking or stoppage less than the total contract price for the construction of any pipes, explosionsuch Alterations and covering the construction of such Alterations, and backup or overflow from sewers or drainssuch other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant pursuant to this Section 7.1 immediately upon completion thereof.
Appears in 1 contract
Tenant’s Insurance. Throughout the Lease Term26.1. Tenant, Tenant shall at its own expense, will maintain the following coverages with admitted insurers authorized to do business in the following amounts. The required evidence State of coverage must be delivered to Landlord on or before the date required under Section 10.4(I) sub-sections (x) New Jersey and (y)which are rated “A+/VII”or equivalent in Best’s Key Rating Guide, or Section 10.4(IIany successor thereto (or if there is none, a rating organization having a national reputation) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual commercial general liability covering the insured against claims of for bodily injury, personal injury, death or property damage occurring on, in or about the Premises in amounts not less than $5,000,000.00 per occurrence/aggregate for bodily injury, personal injury or death, $5,000,000.00 with respect to any one occurrence, and $3,000,000.00 with respect to all claims for property damage (including loss with respect to any one occurrence with an aggregate of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of $3,000,000.00. From time to time during the Project and all areas appurtenant thereto. Such insurance Term such limits shall be written 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 an “occurrence” basisall of its goods, personal property or effects, including removable trade fixtures located in the Premises.
26.2. Landlord or its affiliateThe policy of insurance required to be maintained by Tenant pursuant to Section 26.1 shall name as additional insured parties Landlord, if anyLandlord’s managing agent, and any mortgagee of Landlord, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 reasonably satisfactory to Landlord and shall (a) provide for the benefit of such holder or a comparable form approved by Landlord. Tenant represents holders, that Tenant’s thirty (30) days’prior written notice of suspension, cancellation, termination, modification, non renewal or lapse or material change of coverage shall be primary given to Landlord and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability that such insurance shall not be less than invalidated by any act or neglect of Landlord or Tenant or any owner of the following; providedPremises, howevernor by any foreclosure or other proceedings or notices thereof relating to the Premises, such limits may be achieved through the use nor by occupation 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 Formpurposes more hazardous than are permitted by such policy, and (b) water damage from any cause whatsoeverinclude a contractual liability endorsement.
26.3. Within fifteen (15) days after the commencement of the Term, Tenant shall deliver to Landlord original or duplicate policies or certificates of the insurers evidencing all the insurance which is required to be maintained hereunder by Tenant (including, without limitation, a waiver of each insurer’s rights of subrogation pursuant to Section 19.1) and, within ten (10) days prior to the expiration of any such insurance, other original or duplicate policies or certificates evidencing the renewal of such insurance.
26.4. Landlord shall, as part of Operating Expenses, obtain any and all insurance coverage it deems necessary or appropriate in connection with the use and operation of the Property, which shall include, but need not be limited to, sprinkler leakagefire, bursting, leaking liability and any and all other insurance as Landlord or stoppage any mortgagee of any pipes, explosion, Landlord may require. The property insurance shall cover the replacement cost of the Building and backup or overflow from sewers or drainsall improvements therein which Landlord is obligated to restore. The liability insurance shall be in at least the amounts and types required of Tenant hereunder.
Appears in 1 contract
Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain the following coverages in the 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 (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 10.2.1 Commercial General Liability Insurancegeneral liability (CGL) and, including Broad Form contractual liability covering the insured against claims if necessary, commercial umbrella insurance, on an occurrence basis, with a limit of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant theretonot less than $3,000,000 each occurrence. Such CGL insurance shall be written on ISO occurrence form CG 00 01 01 96 (or a substitute form providing equivalent coverage) and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, liability assumed under an “occurrence” basisinsured 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 its affiliatea substitute providing equivalent coverage, and under the commercial umbrella, if any, . This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to Landlord. There shall be named as no endorsement or modification of the 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 insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlordinsured. Tenant represents that Tenant’s coverage shall be primary waives all rights against Landlord and any insurance carried its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke the commercial general liability or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of commercial umbrella 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 maintained pursuant to Rented $ 500,000.00 Premises Liabilitythis agreement.
10.3.2 Property Insurance 10.2.2 Commercial 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) the Improvements, 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 other improvements which exist in the Premises as Package Units installed by or on behalf of the Lease Commencement Date (excluding the Base Building) (the “Original Improvements”Tenant), and (iii) all Alterations performed in the Premises. Such insurance shall be written on a Special Form basiscover the perils insured under the ISO special causes of loss form (CP 10 30) and shall include coverage for vandalism and malicious mischief, terrorism coverage for both certified and non-certified acts of terrorism, water damage, sprinkler leakage coverage, and boiler and machinery (systems breakdown) coverage. The amount insured shall equal the full replacement cost value (subject to reasonable deductible amounts), new without deduction for depreciation of the covered items 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 employees, employers liability insurance with limits not less than $1,000,000 each accident for bodily injury by accident or $1,000,000 each employee for bodily injury by disease. 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 workers compensation and employers liability obtained by Tenant. Tenant shall obtain an endorsement to effect this waiver.
10.2.5 Tenant shall maintain automobile liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $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 substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage equivalent to that meet any co-provided in the 1990 and later editions of CA 00 01. Physical damage coverage, including collision and comprehensive coverage, shall be included. Tenant shall maintain garage insurance clauses under terms equivalent to those of the policies of insurance and ISO form CA 00 05. Insurance as required by this Paragraph 1.2.6 shall include coverage of the liability of Tenant for (a) all perils included property damage to vehicles and vehicle equipment while in the CP 10 30 04 02 Coverage Special Formcare, 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 (b) water or under any applicable auto physical damage from any cause whatsoevercoverage).
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, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage in which case Landlord reserves the right to require Tenant to obtain a policy of any pipes, explosion, and backup or overflow from sewers or drainsPollution Legal Liability Insurance with limits reasonably acceptable to Landlord.
Appears in 1 contract
Samples: Office Lease (Planar Systems Inc)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain the following coverages in the following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(I10.4(A) sub-sections (x1) and (y2), or Section 10.4(II10.4(B) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project Premises and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliateand any other party the Landlord so specifies that has a material financial interest in the Project, including Landlord’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by subject to Landlord’s approval, which shall not be unreasonably, withheld, conditioned or delayed. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage Commercial General Liability Insurance carried by Tenant shall also be extended to include not exclude damage caused by heat, smoke or fumes from a hostile fire. This The policy shall include coverage for all liabilities assumed under this Lease not contain any intra-insured exclusions as an between insured contract for the performance of all of Tenant’s indemnity obligations under this Leasepersons or organizations. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 5,000,000 each occurrence Property Damage Liability $10,000,000.00 each occurrence and annual aggregate Personal Injury and Advertising Liability $ 5,000,000 $10,000,000.00 each occurrence and annual aggregate Tenant Legal Liability/Damage to Rented $ 500,000.00 Premises LiabilityLiability $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 amountsamounts 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 (aA) all perils included in the CP 10 30 04 02 Coverage Special FormForm or its reasonable equivalent, and (bB) 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 overflow from sewers 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 drainsregulation, or is otherwise available at commercially reasonable rates).
Appears in 1 contract
Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain the following coverages in the 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) obtain and (y)maintain, or Section 10.4(II) below (as applicable). Such policies shall cause to be for a term of at least one (1) yearobtained and maintained, or pursuant to the length of the remaining term terms of this Lease, whichever is less.at its sole expense, the following types of insurance coverage, with minimum limits as set forth below (Landlord may increase the limits for any of the insurance coverage if the Landlord reasonably believes based on comparable buildings, including the condition and location thereof, the existing limits of coverage are or become inadequate to cover the risk of loss involved) :
10.3.1 (i) Commercial General Liability Insurance, including Broad Form contractual covering liability covering the insured protecting against claims of bodily any and all persons, firms and corporations for personal injury, personal injury death or property damage, and property damage (including loss of use thereof) based upon or for liability arising out of Tenant’s from premises, operations, occupancy or maintenance of the Project independent contractors, products-completed operations, personal and advertising injury, and contractual liability - $2,000,000 each occurrence.
(ii) Business Automobile Liability covering all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliateowned, if anyhired, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heatowned vehicles - $1,000,000 each occurrence, smoke or fumes from a hostile fire. This policy shall include coverage including all statutory coverages for all liabilities assumed under this Lease as an insured contract states of operation.
(iii) Workers Compensation - statutory limits for the performance all states of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury operation.
(iv) Employers Liability - $500,000 each employee for bodily injury by accident and $ 5,000,000 $500,000 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 Liabilityemployee for bodily injury by disease.
10.3.2 (v) Commercial 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 Improvements, for (a) “all risk” perils included in the CP 10 30 04 02 Coverage Special Formstandard special causes of loss form and flood and earthquake. However, Tenant shall not be required to acquire flood and earthquake insurance coverage if, after reasonable attempts, Tenant is unable to acquire such coverage for a cost that does not exceed five thousand dollars (b$5,000) water annually.
(vi) Commercial Property insurance covering Tenant’s personal property including contents, fixtures, equipment, improvements and betterments for “all-risk” perils included in the standard special causes of loss form.
(vii) Equipment Breakdown Insurance covering the full replacement cost value of the Improvements and Tenant’s personal property including contents, fixtures, equipment, improvements and betterments, against loss or damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking mechanical and electrical breakdown.
(viii) Business interruption (or stoppage loss of any pipes, explosion, and backup or overflow from sewers or drainsrents) insurance for a twelve (12) month period to be provided within thirty (30) days after the date of this Lease.
Appears in 1 contract
Samples: Lease Agreement
Tenant’s Insurance. Throughout Tenant, at Tenant’s sole cost and expense, agrees to keep in full force and effect at all times during the Lease Term, Tenant shall maintain the following coverages in the 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 (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.:
10.3.1 (i) Commercial General Liability Insurance, including Broad Form contractual general liability covering the insured insurance which insures against claims of for bodily injury, personal injury injury, advertising injury, and property damage (including loss of use thereof) based upon upon, involving, or arising out of Tenant’s operationsthe use, occupancy occupancy, or maintenance of the Project Premises and all areas appurtenant theretothe 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 an “occurrence” basis. Landlord or its affiliate, if anythe most current ISO CGL form, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 include blanket contractual, premises-operations and products-completed operations and shall contain an exception to any pollution exclusion which insures damage or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by injury arising out of heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 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 an occurrence basis and contain a standard separation of insureds provision.
(ii) Workers’ compensation insurance in accordance with the laws of the state in which the Premises are located with employer’s liability insurance in an amount not less than $1,000,000.
(iii) Umbrella/excess liability insurance, on an occurrence basis, that applies excess of the required commercial general liability, business automobile liability, and employer’s liability policies with the following minimum limits: Each Occurrence $5,000,000 Annual Aggregate $5,000,000 These limits shall be in addition to and not including those stated for the underlying commercial general liability, business automobile liability, and employers liability insurance required herein. Such excess liability policies shall name Landlord and any Landlord Parties designated by Landlord as additional insureds.
(iv) Causes of Loss – Special Form basisproperty insurance including theft, sprinkler leakage and boiler and machinery coverage on all of Tenant’s Personal Property for the full replacement cost value thereof. Tenant shall use the proceeds from such insurance for the replacement of trade fixtures, furniture, inventory and other personal property.
(subject to reasonable deductible amounts), without deduction v) Business income and extra expense insurance with limits not less than one hundred percent (100%) of all charges payable by Tenant under this Lease for depreciation a period of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for twelve (a12) 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 drainsmonths.
Appears in 1 contract
Samples: Office Lease (Costar Group Inc)
Tenant’s Insurance. Throughout Tenant covenants and agrees that from and after the Lease Termdate of delivery of the Premises from Landlord to Tenant, Tenant shall maintain will carry and maintain, at its sole cost and expense, the following coverages types of insurance (which may be maintained under blanket policies, so long as the coverage afforded Landlord, the other additional insureds and any designees of Landlord shall not be reduced or adversely affected thereby), in the following amounts. The required evidence of coverage must be delivered to Landlord on or before amounts specified and in the date required under Section 10.4(Iform hereinafter provided for:
(i) sub-sections (x) and (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance(“CGL”) Insurance written on an occurrence basis, including Broad Form contractual liability covering the insured Premises and all operations of Tenant in or about the Premises against claims of for bodily injury, personal injury and death, property damage (including loss of use thereof) based upon or arising out of and products liability and to include contractual liability coverage insuring Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliate, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity indemnification obligations under this Lease, to be in combined single limits of not less than [**]* each occurrence for bodily injury, death and property damage, [**]* for products/completed operations aggregate, [**]* for personal injury, and to have general aggregate limits of not less than [**]* and Umbrella Liability Insurance in an amount not less than [**]* for each policy year. 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 said insurance shall not, however, limit such policy apply separately to 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 $ 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 LiabilityPremises.
10.3.2 Property (ii) Insurance covering (i) all office furnitureof the items included in Tenant’s heating, personal propertyventilating and air conditioning equipment maintained by Tenant, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property from time to time in, on or upon the Premises installed by, for, or at the expense of Tenant, (ii) the ImprovementsPremises, and any other improvements which exist Alterations in the Premises as an amount not less than one hundred percent (100%) 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 their full replacement cost value (subject to commercially reasonable deductible amounts)deductibles) from time to time during the Term, without deduction for depreciation providing protection against perils included within the standard form of the covered items “all-risk” (i.e., “Special Cause of Loss”) fire and casualty insurance policy.
(iii) Workers’ Compensation insurance in amounts that meet any co-required by law.
(iv) Employer’s Liability coverage of at least [**]* per occurrence.
(v) Business Interruption Insurance equal to not less than [**]*, subject to reasonable deductibles, which insurance clauses of the policies of insurance and shall include coverage for be issued on an “all risk” basis (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 drainsits equivalent).
Appears in 1 contract
Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain the following coverages in the 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 (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s 's operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “"occurrence” " basis. Landlord or its affiliateand any other party the Landlord so specifies that has a material financial interest in the Project, including Landlord's managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s 's form CG2011 or a comparable form approved by Landlord. Tenant represents shall provide an endorsement or policy excerpt showing that Tenant’s 's coverage shall be is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s 's indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 5,000,000 each occurrence Property Damage Liability $3,000,000 each occurrence Personal Injury and Advertising Liability $ 5,000,000 $3,000,000 each occurrence Tenant Legal Liability/Damage to Rented $ 500,000.00 Premises LiabilityLiability $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 '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, 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. Throughout (a) Tenant shall, at Tenant's sole cost and expense for the Lease Termmutual benefit of Landlord and Tenant, Tenant shall maintain throughout the following coverages in the 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 (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term Term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of personal and bodily injury, personal injury and property damage liability insurance against claims for bodily injury, death or property damage occurring on, in or about the Premises of not less than One Million Dollars (including loss $1,000,000) in respect of use thereofpersonal injury or death to any one person and of not less than One Million Dollars ($1,000,000) based upon or arising out in respect of Tenant’s operationsany one accident and of not less then One Million Dollars ($1,000,000) property damage aggregate coverage. During the period of any construction, occupancy or maintenance of the Project and all areas appurtenant theretoTenant shall also cause its Contractors to also maintain such coverage. Such Each such insurance policy shall be written on an “occurrence” basis. as primary coverage and not contributing with or in excess of any coverage which Landlord or its affiliatemay carry.
(b) Tenant shall, if anyat Tenant's sole cost and expense, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary obtain and any maintain in effect throughout the Term insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract policies providing for the performance of following coverage: all of Tenant’s indemnity obligations under this Lease. The limits of said risk and property insurance shall notagainst fire, howevertheft, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; providedvandalism, howevermalicious mischief, sprinkler leakage and such limits additional perils as now are or hereafter 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 included in a standard extended coverage endorsement insuring Tenant's trade fixtures, office equipmentfurnishings, free-standing cabinet work, movable partitions, merchandise equipment and all other items of Tenant’s business personal property of Tenant located 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 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 (subject to reasonable deductible amounts), without deduction for depreciation of the covered items Premises, from time to time. Landlord shall be the named insured under such policies and all proceeds of such insurance shall be payable solely to Landlord. Deductibles under the insurance in amounts this sub-Paragraph (c) shall be as are commercially available at the time of issuance and Landlord acknowledges and agrees that meet any co-the deductibles presently available for wind/hail insurance clauses 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 in which the Premises are located, are 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 Work, and thereafter not less than 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 evidencing the payment of premiums necessary to maintain such insurance coverages.
(e) All policies of insurance provided in this paragraph shall name Landlord and, at Landlord's request Landlord's mortgagee and/or any management agent as additional-named insureds, unless indicated otherwise. Each policy of insurance shall provide that such insurance policy shall not be cancelled unless Landlord shall have received twenty (20) days prior written notice of cancellation. Tenant shall require its insurer(s) to include in 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 waive any rights of subrogation against Landlord. Tenant hereby releases Landlord and shall include coverage for (a) all perils included in the CP 10 30 04 02 Coverage Special Formits partners, officers, directors, agents and (b) water damage employees from any cause whatsoeverand all liability or responsibility to Tenant or any person claiming by, includingthrough or under Tenant, but not limited toby way of subrogation or otherwise, sprinkler leakagefor any injury, burstingloss or damage to Tenant's property covered by a valid and collectible fire insurance policy with extended coverage endorsement.
(f) Notwithstanding the foregoing, leaking or stoppage attached hereto as Exhibit C is copy of any pipes, explosion, the declaration of insurance which the parties agree satisfies all the requirements and backup or overflow from sewers or drainslimits set forth in this Section.
Appears in 1 contract
Samples: Sale Agreement (Imaging Diagnostic Systems Inc /Fl/)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain the following coverages in the 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 (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project Building and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliateand any other party the Landlord so specifies in a writing addressed to Tenant requesting that such party be added as an additional insured party, that has a material financial interest in the Building, including Landlord’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents shall provide an endorsement or policy excerpt showing that Tenant’s coverage shall be is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ Property Damage Liability $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 LiabilityLiability $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, 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, and (c) intentionally omitted.
Appears in 1 contract
Samples: Office Lease (Splunk Inc)
Tenant’s Insurance. Throughout the Lease TermTenant will secure and maintain, Tenant shall maintain the following coverages at Tenant's expense:
(a) All risk property insurance (including extra expense insurance) on all of Tenant's fixtures and personal property in the following amountsPremises, and on any alterations, additions or improvements which Landlord requires Tenant to insure in accordance with Paragraph 11, all 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 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 required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(I) sub-sections (x) 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 (y), or Section 10.4(II) below (as applicable). Such policies shall be $500,000.00 policy limit for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is lessbodily injury by disease.
10.3.1 (d) Commercial General Liability Insurance, including Broad Form contractual general liability covering the insured insurance which insures against claims of for bodily injury, personal injury injury, advertising injury, and property damage (including loss of use thereof) based upon upon, involving, or arising out of Tenant’s operationsthe use, occupancy occupancy, or maintenance of the Project Premises and all areas appurtenant theretothe Project. Such insurance shall be written on an “occurrence” basis. Landlord or will afford, at 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 affiliatetrustees and beneficiaries, if anyLandlord's mortgagees, shall be named Landlord's managing agent, Landlord's advisor, and their respective officers, directors, agents and employees, as additional insureds as their interests may appear using Insurance Service Organization’s (the "Required Additional Insureds"). This coverage must include blanket contractual liability, broad form CG2011 property damage liability, and must contain an exception to any pollution exclusion which insures damage or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by injury arising out of heat, smoke smoke, or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 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 must be written on an occurrence basis and contain a Special Form 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, on an occurrence basis, for the full replacement cost value (subject to reasonable deductible amounts)that applies excess of required commercial general liability, 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 Formbusiness auto liability, and (b) water damage from any cause whatsoeveremployers liability policies, includingwhich insures against bodily injury, but property damage, personal injury and 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 not limited toincluding those stated for underlying commercial general liability, sprinkler leakage, bursting, leaking or stoppage of any pipes, explosionbusiness auto liability, and backup or overflow from sewers or drainsemployers liability insurance. Such policy must name the Required Additional Insureds as additional insureds.
Appears in 1 contract
Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain the following coverages in the 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 (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, Insurance (including Broad Form contractual liability coverage equivalent to ISO CG 00 01) covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project Premises and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliateand any other party the Landlord so specifies that has a material financial interest in the Project, including Landlord’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents shall provide an endorsement or policy excerpt showing that Tenant’s coverage shall be is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s insured indemnity obligations under this LeaseLease on a basis equivalent to ISO CG 00 01 and subject to all other terms of the Policy. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 5,000,000 each occurrence Property Damage Liability $3,000,000 each occurrence Personal Injury and Advertising Liability $ 5,000,000 $3,000,000 each occurrence Tenant Legal Liability/Damage to Rented $ 500,000.00 Premises LiabilityLiability $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) 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 Causes of any pipes, explosion, and backup or overflow from sewers or drainsLoss --Special Form .
Appears in 1 contract
Samples: Office Lease (Selectica Inc)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain in full force and effect at all times during the following coverages in the 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 (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease:
(a) standard all-risk fire and casualty insurance (including, whichever without limitation and if commercially reasonable, flood and earthquake coverages), with so-called "law and ordinance" coverage, covering the Building and all leasehold improvements now or hereafter in the Premises in an amount at least equal to replacement cost of the Building (excluding foundation and excavation costs) and said leasehold improvements at the time in question, but in no event less than such coverage as is lessrequired to avoid co-insurance provisions; the policy shall contain a replacement cost and agreed amount endorsement.
10.3.1 Commercial General Liability Insurance(b) commercial general liability insurance, including Broad Form a contractual liability covering the insured against claims of endorsement, which shall include bodily injury, personal injury injury, death, independent contractors, completed operations and property damage (including loss coverages, having a combined single limit amount of use thereof) based upon not less than $15,000,000 against all claims, demands or actions with respect to damage, injury or death made by or on behalf of any person or entity, in respect of the Premises and the roof of the Building, or arising out from or related to the conduct and operation of Tenant’s operations's business in the Premises.
(c) employer's liability insurance with a minimum limit of $1,000,000 for bodily injury;
(d) worker's compensation, occupancy disability and other similar insurance in statutory limits covering all persons employed by Tenant (and Tenant shall cause Tenant's managing agent to maintain the same covering all persons employed by Tenant's managing agent) or maintenance in connection with any work performed by or on behalf of Tenant in the Building (or paying for comparable insurance taken out by Landlord for persons employed by Landlord or Landlord's managing agent if Landlord exercises its rights contained in Section 5.02(d) hereof);
(e) [intentionally omitted]
(f) rent or business interruption insurance in an amount sufficient to pay the Annual Rental and estimated Real Estate Taxes during any period in which 25% or more of the Project Building is rendered unuseable for Tenant's business and all areas appurtenant theretoTenant is obligated hereunder to rebuild; and
(g) such other insurance coverage as is customarily carried by net lessees in respect of buildings similar to the Building in Soho ("Comparable Buildings"). Such Commencing with the fifth (5th) anniversary of the Commencement Date, Landlord may from time to time during the term of this Lease (but not more frequently than once during any period of five (5) years) require that the amount and type of the insurance to be maintained by Tenant hereunder be increased, so that said amount and type adequately protects Landlord's interest; provided, however, that Landlord may not require Tenant to procure any insurance which (i) exceeds in type or amount the insurance which is then being customarily required to be maintained of net lessees of Comparable Buildings, or (ii) is not available at commercially reasonable rates. Said policies of insurance may be written as primary policy coverage or a combination of primary and excess coverage and shall be written on an “occurrence” basisissued by good and solvent companies, having a rating of not less than "A:VIII" in Best's Key Rating Guide, licensed to do business in the State of New York, or other companies approved by Landlord, which approval shall not be unreasonably withheld or delayed. Landlord hereby approves the Atlantic Mutual Insurance Co. and Centennial Insurance Company (or its affiliateany of their affiliates or subsidiaries) as Tenant's insurer. Said policies required under Subparagraphs (b), if any, (c) and (d) above shall be named name Landlord and Landlord's Mortgagee as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 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 Improvementsappear, 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.policy
Appears in 1 contract
Samples: Lease Agreement (Scholastic Corp)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain the following coverages in the following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(I10.4(1) sub-sections (x) and (y), or Section 10.4(II10.4(11) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project Premises and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliateand any other party the Landlord so specifies that has a material financial interest in the Project, including Landlord’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 formCG2011 or a comparable form approved by Landlord. Tenant represents shall provide an endorsement or policy excerpt showing that Tenant’s coverage shall be is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ Property Damage Liability $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 LiabilityLiability $1,000,000.00 -35- XXXXXX REALTY 000 XXXXXXX XXXXXX [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, and any other improvements which exist ,” as that term is defined in the Premises as Section 2.1 of the Lease Commencement Date (excluding the Base Building) (the “Original Improvements”)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
Samples: Sublease Agreement (Okta, Inc.)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall maintain the following coverages in the 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 (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project Premises and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliateand any other party the Landlord so specifies that has a material financial interest in the Project, including Landlord’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents shall provide an endorsement or policy excerpt showing that Tenant’s coverage shall be is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall include severability of interest and cross-liability (separation of insureds) endorsements. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ Property Damage Liability $5,000,000 each occurrence Property Damage Liability Personal Injury and Advertising Liability $ 5,000,000 $1,000,000 each occurrence Tenant Legal Liability/Damage to Rented $ 500,000.00 Premises LiabilityLiability $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, and (b) water damage from any cause whatsoeverwhatsoever (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 overflow from sewers regulation, or drainsis otherwise available at commercially reasonable rates).
Appears in 1 contract
Samples: Office Lease (Volcano Corp)
Tenant’s Insurance. Throughout On or before the Lease earlier of any Early Access Period, the Commencement Date or the date Tenant commences or causes to be commenced any work of any type in the Premises, and continuing during the entire Term, Tenant shall maintain obtain and keep in full force and effect, the following coverages 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, malicious mischief upon property of every description and kind owned by Tenant and located in the following amounts. The required evidence Premises or the Building, or for which Tenant is legally liable or installed by or on behalf of coverage must be delivered to Landlord on Tenant including, without limitation, furniture, equipment and any other personal property, and any Alterations (but excluding the initial Tenant Improvements previously existing or before installed in the date required under Section 10.4(I) sub-sections (x) and (yPremises), or Section 10.4(II) below (as applicable)in an amount not less than the full replacement cost thereof. Such policies In the event that there shall be for a term dispute as to the amount which comprises full replacement cost, the decision of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliate, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Mortgagee of Landlord shall be excess and non-contributing. The presumptive.
b. Commercial general liability insurance coverage shall also be extended to include damage caused by heaton an occurrence basis, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of including personal injury, bodily injury (including wrongful death), broad form property damage, contractual liability (including Tenant’s indemnity indemnification obligations under this Lease), and liquor liability (if Tenant serves alcohol on the Premises). The limits of said insurance shall not, however, limit the liability of such commercial general liability insurance may be increased every five (5) years during the Term upon reasonable prior notice by Landlord to an amount reasonably required by Landlord and appropriate for tenants of buildings comparable to the Building.
c. Commercial Automobile Liability covering all owned, hired and non-owned automobiles.
d. Worker’s compensation, in statutory amounts and employers’ liability, covering all persons employed in connection with any work done in, on or about the Premises for which claims for death, bodily injury or illness could be asserted against Landlord, Tenant nor relieve Tenant or the Premises.
e. Umbrella liability insurance on an occurrence basis, in excess of any obligation hereunderand following the form of the underlying insurance described in Section 14.1.b. Limits and 14.1.c. and the employer’s liability coverage in Section 14.1.d. which is at least as broad as each and every area of the underlying policies. Such umbrella liability insurance shall not be less than include pay on behalf of wording, concurrency of effective dates with primary policies, blanket contractual liability, application of primary policy aggregates, and shall provide that if the following; providedunderlying aggregate is exhausted, howeverthe excess coverage will drop down as primary insurance, 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 subject to Rented $ 500,000.00 Premises Liabilitycustomary commercially reasonable deductible amounts imposed on umbrella policies.
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 f. If Tenant’s business personal property on the Premises installed byincludes professional services, forTenant shall, or at the Tenant’s expense, maintain in full force and effect professional liability (also known as errors and omissions insurance), covering Tenant and Tenant’s employees from work related negligence and liability in trade.
g. Loss of income, extra expense of Tenant, (ii) the Improvements, and any other improvements which exist business interruption insurance in the Premises amount of at least 12 months of Monthly Base Rent.
h. Any other form or forms of insurance as Tenant or Landlord or any Mortgagee of Landlord may reasonably require from time to time, in form, amounts and for insurance risks against which a prudent tenant of a building similar to the Lease Commencement Date (excluding Building would protect itself, but only to the Base Building) (the “Original Improvements”), extent such risks and (iii) all Alterations performed amounts are available in the Premises. Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to market at commercially 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 drainscosts.
Appears in 1 contract
Samples: Office/Industrial Lease (iRhythm Technologies, Inc.)
Tenant’s Insurance. Throughout Tenant, at its expense, 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, Tenant shall maintain the following coverages in the following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(I:
(i) sub-sections (x) and (y), or Section 10.4(II) below (as applicable). Such policies shall be for Commercial general liability insurance with a term of at least one (1) year, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurancesingle combined limit, including Broad Form contractual any umbrella or excess commercial policy, with a broad form commercial general liability covering endorsement applicable to the insured against claims 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 bodily 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, 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.
(including loss of use thereofii) based upon or arising out of Tenant’s operationsSpecial Form property insurance covering all the items included in Tenant Improvements, occupancy or maintenance of the Project HVAC equipment serving the Premises, and all areas appurtenant theretotrade 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 written in an amount not less than full replacement cost from time to time during the Lease Term without co-insurance. It shall provide protection against perils included within a Special Form Property Policy, including windstorm coverage, together with insurance against sprinkler damage (if sprinklers are installed), vandalism, theft, and 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 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 $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 an “occurrence” basis. Landlord the Property by or for Tenant, Tenant or its affiliatecontractor(s) shall provide builder’s risk insurance equal to the replacement cost of any improvements being constructed, if anynaming Landlord as a loss payee, and owner’s and contractor’s protective liability insurance in an amount of 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 Landlord shall be named provided with certificates evidencing same. All policies of Tenant’s insurance shall: (i) be issued in form and by an insurance company approved by Landlord rated A VII or better by the then current Best’s Guide, and qualified to do business in the State of Florida; (ii) name the following parties (the “Interested Parties”) as additional insureds (or as their interests may appear using Insurance Service Organizationloss payee, as applicable): Landlord, Landlord’s form CG2011 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 comparable form approved by certificate thereof acceptable to Landlord. ) to the Interested Parties upon or before delivery of possession of the Premises to Tenant represents that Tenant’s coverage and 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 as a primary policy which does not contribute to and 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. The limit of any insurance carried maintained by Landlord Tenant shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, not limit the liability of Tenant. Tenant nor relieve 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 hereunderto 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. Limits If Tenant shall 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 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 partitionsTenant shall have no right or claim to such proceeds, merchandise and all other items such proceeds shall be turned over to Landlord and disposed of Tenant’s business personal property on as Landlord, in its sole and absolute discretion, may determine. Upon termination of this Lease by Tenant pursuant to Section 22, Tenant shall also pay to Landlord any deductible of any Tenant insurance policy with respect to the Premises installed byand if the proceeds are insufficient to complete any restoration work, for, or at the expense of Tenant, (ii) the Improvements, and Tenant shall pay Landlord 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 drainsdeficiency.
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Tenant’s Insurance. Throughout During the Lease Term, the Tenant shall maintain procure and maintain, at Tenant’s cost, the following insurance coverages on the Leased Premises.
(a) Coverage for all risks of direct physical loss of or damage to the House, and any appurtenances, in an amount not less than one hundred percent (100%) of the following amounts. full insurable value.
(b) The required evidence of coverage must be delivered to Landlord on or before term "full insurable value" shall mean the date required under Section 10.4(Iactual replacement cost, excluding foundation and excavation costs.
(c) sub-sections (x) and (y), or Section 10.4(II) below (Commercial General liability insurance as applicable). Such policies shall be for a term of at least one follows.
(1) yearThe 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 length policy, each insured shall be considered a separate insured for purposes of the remaining term of this Lease, whichever is lessinsurance; provided available and at a reasonable cost.
10.3.1 Commercial General Liability Insurance, including Broad Form (2) The policy shall be written on the “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 covering endorsement providing automatic coverage for 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 slander, 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. The policy shall provide coverage against any claim, direct or indirect, actual or alleged, related to the insured against claims employment of any person by an insured.
(5) The policy shall be written with combined single limits for bodily injury, personal injury and 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 loss of use thereofpiping 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) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such Flood insurance (whenever such insurance shall be written on an “occurrence” basis. Landlord or its affiliateobtainable at commercially reasonable standard rates if the Leased Premises is located in a special flood hazard zone) upon all buildings, if anyimprovements, shall fixtures and equipment to their full insurable value.
(g) Such other forms of insurance as from time to time may be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved reasonably required by Landlord. Tenant represents that Tenant’s coverage shall , which at the time are commonly insured against in the case of the premises similarly situated, due regard being, or to be primary given, to the height and any type of building, its construction, use and occupancy.
(h) All insurance carried by Landlord shall required to be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed 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 reasonable right of Approval over the insurer selected by Tenant. Each liability insurance policy shall, to the extent possible, name Landlord as an insured contract for additional insured. Each policy shall be written pursuant to an agreement, to the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall notextent reasonably available, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance that such policy shall not be less than cancelled or non-renewed without at least thirty (30) days’ notice to 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 LiabilityLandlord
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 Tenant shall give Notice to the Premises installed by, for, or at the expense of Tenant, (ii) the Improvements, and any other improvements which exist in the Premises as Landlord of the payment of premiums for such insurance as Tenant is required to maintain under this 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 provide Landlord with proof of the covered items and in amounts that meet any co-insurance clauses existence of the policies of required 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 drainsupon request.
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Samples: Ground Lease
Tenant’s Insurance. Throughout Tenant shall, at its own cost, at all times during the Lease Term, Tenant shall maintain the following coverages in the 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 (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least one (1) year, or the length of the remaining term of this LeaseLease and any extensions hereof, whichever is less.
10.3.1 Commercial General Liability Insuranceprocure and maintain special covered causes of loss insurance on Tenant's Property and the contents of the Premises in an amount equal to full replacement cost 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 insurance on an occurrence basis, including Broad Form contractual liability covering the insured against claims of coverage for bodily injury, property damage, personal injury products and completed operations, liability assumed under and insured contract host liquor legal liability and cross liability with the following limits of liability; One Million Dollars ($1,000,000) combined single limit for each occurrence of bodily injury and property damage and personal injury. Two Million Dollars ($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 use thereof) based upon earnings attributable to prevention of access to the Building or arising out Premises as a result of Tenant’s operationssuch perils, occupancy and such other forms and amounts of insurance as Landlord or maintenance of the Project and all areas appurtenant theretoits mortgage may reasonably require from time to time. Such All such insurance shall be written on an “occurrence” basis. Landlord procured from a reasonable insurance company or its affiliatecompanies authorized to do business in the State where the Premises are located, if anywith general policyholder's ratings of not less than "A-" and a financial rating of not less than "VI" in the most current available bent's Insurance Reports, and shall be named otherwise reasonably satisfactory to Landlord. All such policies except Workers Compensation shall name Landlord and Landlord's property management agent as additional insureds insureds, and shall provide that the same may not be cancelled except upon thirty (30) days prior to the annual renewal date thereof and upon request from time to time and such certificate(s) shall disclose that insurance names Landlord and Landlord's designated property management agent as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributingan additional insured, in addition to the other requirements set forth herein. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The time limits of said such insurance shall not, howeverunder any circumstances, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits 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 liability insurance eighteen percent (18%) per annum (but in no event in excess of the maximum rate permitted under law), as Additional rent on the first day of the calendar month following the rendition of the xxxx or bills therefore and Landlord shall not be less than have the following; provided, however, same rights and remedies in enforcing the payment of such limits may be achieved through additional rent as in 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 case of Tenant’s business personal property on 's failure to pay 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 drainsrent herein reserved.
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