Common use of Tenant’s Insurance Clause in Contracts

Tenant’s Insurance. The Tenant shall take out and keep in force during the Term: (a) comprehensive general public liability (including bodily injury, death and property damage) insurance on an occurrence basis with respect to the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof of not less than $2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in force.

Appears in 3 contracts

Samples: Lease (Spectrum Signal Processing Inc), Lease Agreement (Infowave Software Inc), Lease Agreement (Infowave Software Inc)

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Tenant’s Insurance. Tenant will procure and maintain during the entire Term of this Lease, at Tenant’s expense, all insurance policies and requirements as provided in this Lease. The Tenant carrier, total insurable values, and the various coverage types and limits of each policy of insurance as may be reasonably requested by Landlord and customary for Class A Medical Office Properties must be acceptable to Landlord in its commercially reasonable discretion and to the extent the same are generally available at a commercially reasonable expense. The initial coverages, policy limits, terms and conditions of the Tenant’s Insurance shall take out and keep be as set forth in force Exhibit 10.1, subject to future adjustments to be evaluated and, if needed, required by Landlord every three (3) Lease Years during the Term: . All insurance policies required hereunder shall be written by an insurance company or companies reasonably acceptable to Landlord and shall be non-cancelable without thirty (a30) comprehensive general public liability days’ prior written notice to Landlord and any Fee Mortgagee and must give ten (including bodily injury, death and property damage10) days’ notice to those parties for nonpayment of premium. Proceeds of insurance on an occurrence basis with respect account of casualty to the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof of not less than $2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable jointly to Tenant and any Leasehold Mortgagee if such Leasehold Mortgagee is an institutional lender and if there is no such qualifying Leasehold Mortgagee, then jointly to Tenant and any Fee Mortgagee that is an institutional lender and if there is no such Fee Mortgagee then jointly to Tenant and Landlord. Such proceeds shall then be delivered to the LandlordDepository (as herein defined). Tenant shall, but the Landlord agrees to make available such proceeds toward the repair or replacement as of the Leasehold Improvements if commencement date of this Lease is not terminated pursuant Lease, deliver to any other provision hereof; and Landlord: (ci) tenant's fire legal liability insurance in an amount not less than the replacement cost evidence of timely payment of the Leased Premises. All premium; (ii) Certificates of Insurance evidencing the insurance required by this Lease; and (iii) at the request of Landlord require endorsements or modifications in such form and content as reasonably required by Landlord. Tenant shall give prompt notice to Landlord of the occurrence of any event covered by any of the foregoing required insurance policies. Tenant’s liability shall not be maintained limited by the Tenant hereunder shall be on terms and with insurers to which limits of any of the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the foregoing required insurance from time to time required to be effected by the Tenant and its renewal or continuation in forcepolicies.

Appears in 3 contracts

Samples: Ground Lease Agreement (CNL Healthcare Properties, Inc.), Ground Lease Agreement (CNL Healthcare Properties, Inc.), Ground Lease Agreement (CNL Healthcare Properties, Inc.)

Tenant’s Insurance. The Tenant shall take out and keep in force during the Term: (a) comprehensive general Tenant shall, at its sole cost and expense, during the entire term hereof, keep in full force and effect a policy of commercial public liability (including bodily injury, death and property damage) damage insurance on an occurrence basis with respect to the business carried onLeased Premises, in or from the Leased Premises Improvements and the Tenant's use and occupancy thereof ’s Use, including steam boiler insurance if applicable, with limits of not less than $2,000,000.00 1,000,000. per occurrence which insurance for personal injury and property damage. Landlord shall include the Landlord as a be an additional named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured;such policy. (b) insuranceTenant agrees to carry, for the full replacement cost in respect of fire at its expense, insurance against fire, vandalism, windstorm, malicious mischief, and other such other perils, including sprinkler leakage perils as are from time to time defined included in the usual a standard “all risk” insurance policy with extended coverage endorsement covering endorsement, insuring the Leasehold Leased Premises, the Improvements and Tenant’s Property in an amount equal to the Tenant's trade fixtures full replacement cost thereof and the furniture and equipment of the Tenantto furnish Landlord, and which insurance shall include the upon request from Landlord, with a certificate evidencing such coverages. Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable named the Loss Payee in such policy. So long as Tenant has an obligation to repair or restore the LandlordImprovements, but the all insurance proceeds shall be made available to Tenant and shall be used by Tenant for repair or restoration of Improvements. Landlord agrees to cooperate with Tenant and to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant available to any other provision hereof; andTenant for such purposes subject to reasonable and customary construction draw procedures. (c) tenant's fire legal In addition to the insurance required under this Section 8.1, for such period of time as Tenant shall serve liquor or other alcoholic beverages in or from the Leased Premises, Tenant agrees to maintain minimum limits of coverage of at least $1,000,000 under an umbrella policy covering excess “liquor law” liability insurance (sometimes also known as “dram shop” insurance) which shall insure Tenant and Landlord, and all those claiming by, through or under Landlord, against any and all claims, demands or actions for personal and bodily injury to, or death of, one person or multiple persons in an amount not less than one or more accidents, and for damage to property, as well as for damages due to loss of means of support, loss of consortium, and the replacement cost like so that at all times Landlord will be fully protected against claims that may arise by reason of or in connection with the sale and dispensing of liquor and alcoholic beverages in and from the Leased Premises. All Tenant also agrees to procure and maintain insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice covering loss of cancellation or material alteration rents resulting from interruption of such terms and shall waive any right Tenant’s business for a period of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the 12 months naming Landlord as to loss payee. Tenant shall procure and maintain worker’s compensation insurance in statutorily required amounts throughout the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forceTerm.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Landrys Restaurants Inc)

Tenant’s Insurance. The Tenant shall take out purchase, at its own expense, and keep in force at all times during the Term: Lease Term the policies of insurance set forth below (collectively, “Tenant’s Policies”). All Tenant’s Policies shall (a) comprehensive general public liability be issued by an insurance company with a Best’s rating of A or better and otherwise reasonably acceptable to Landlord and shall be licensed to do business in the state in which the Leased Premises is located; (including b) provide for deductible amounts that are reasonably acceptable to Landlord (and its lender, if applicable); and (c) otherwise be in such form, and include such coverages, as Landlord may reasonably require. The Tenant’s Policies described in (i) and (ii) below shall (1) provide coverage on an occurrence basis; (2) name Landlord (and its lender, if applicable) as additional insured; (3) provide coverage, to the extent insurable, for the indemnity obligations of Tenant under this Lease; (4) contain a separation of insured parties provision; (5) be primary, not contributing with, and not in excess of, coverage that Landlord may carry; and (6) provide coverage with no exclusion for a pollution incident arising from a hostile fire. All Tenant’s Policies (or, at Landlord’s option, Certificates of Insurance and applicable endorsements, including, without limitation, an “Additional Insured-Managers or Landlords of Premises” endorsement) shall be delivered to Landlord prior to the Commencement Date and renewals thereof shall be delivered to Landlord’s notice addresses at least 30 days prior to the applicable expiration date of each Tenant’s Policy. In the event that Tenant fails, at any time or from time to time, to comply with the requirements of the preceding sentence, Landlord may order such insurance and charge the cost thereof to Tenant, which amount shall be payable by Tenant to Landlord upon demand, as Additional Rent. Tenant shall give prompt notice to Landlord and Agent of any bodily injury, death death, personal injury, advertising injury or property damage occurring in and about the Property. Tenant shall purchase and maintain, throughout the Term, a Tenant’s Policy(ies) of: (i) commercial general or excess liability insurance, including personal injury and property damage) insurance on an occurrence basis with respect to the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof amount of not less than $2,000,000.00 per occurrence which per; (ii) comprehensive automobile liability insurance shall include covering Tenant against any personal injuries or deaths of persons and property damage based upon or arising out of the Landlord as ownership, use, occupancy or maintenance of a named insured motor vehicle at the Premises and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time to time defined all areas appurtenant thereto in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment amount of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than $1,000,000, combined single limit; (iii) commercial property insurance covering Tenant’s Property (at its full replacement cost); (iv) workers’ compensation insurance per the replacement cost applicable state statutes covering all employees of the Leased Premises. All Tenant; (v) business interruption insurance required with limits not less than an amount equal to be maintained by the one (1) year’s rent due hereunder; and if Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objectionhandles, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation stores or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and utilizes Hazardous Substances in its renewal or continuation in forcebusiness operations, (vi) pollution legal liability insurance.

Appears in 2 contracts

Samples: Lease Agreement (GreenSky, Inc.), Lease Agreement (GreenSky, Inc.)

Tenant’s Insurance. The Tenant shall take out and keep in force maintain at all times during the Term: Term insurance coverage meeting the requirements set forth in Sections (aA) comprehensive general public and (C) of Exhibit J attached hereto. The limits of such insurance shall not limit the liability of Tenant. Tenant’s insurance shall be primary insurance and shall not be considered contributory insurance with any insurance policies of Landlord. Landlord’s insurance shall apply in excess of all insurance coverage required of Tenant in accordance with this Section 7.02 and Exhibit J, whether such insurance is primary, contingent or on any other basis, and regardless of whether such Tenant’s insurance coverage is valid or collectible. Tenant shall deliver to Landlord and all Additional Insureds (including bodily injuryas defined in Exhibit J), death and property damage) insurance on an occurrence basis with respect prior to Tenant having access to the business carried onBuilding (pursuant to the provisions of Section 4.01(b) or otherwise), fully paid-for policies or certificates of insurance for all such required insurance, in or from the Leased Premises and the Tenant's use and occupancy thereof of not less than $2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims form reasonably satisfactory to Landlord, issued by the insurance company or its authorized agent. An Accord Form Certificate of Insurance (Accord 25 for Liability and Accord 27 for Property) or its equivalent shall be deemed reasonably satisfactory to Landlord. Tenant as if the Landlord were separately insured; (b) insurance, shall procure and pay for the full replacement cost in respect renewals of fire and such other perils, including sprinkler leakage as are insurance from time to time defined in before the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenantexpiration thereof, and which insurance Tenant shall include endeavor to deliver to Landlord and any Additional Insureds such renewal policy or a certificate thereof at least 30 days before the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that expiration of any proceeds recoverable in the event of loss to Leasehold Improvements existing policy. All such policies shall be payable issued by companies of recognized responsibility licensed to do business in New York State (except the LandlordProducts and Completed Operations Liability policy, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is which shall not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance be required to be maintained issued by a company authorized to do business in New York State) and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/VIII or better or the Tenant hereunder then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be on terms canceled, allowed to lapse or modified unless Landlord and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord any Additional Insureds are given at least 30 days prior written notice of cancellation such cancellation, lapse or material alteration modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such terms proofs of loss and shall waive other instruments which may be required to recover any right of subrogation against the Landlordsuch insurance moneys. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required require that the amount of the insurance to be effected maintained by Tenant under this Section 7.02 be increased and/or that Tenant provide additional insurance coverage, so that the insurance maintained by Tenant adequately protects Landlord’s interest; provided, that any such increased amounts or additional coverage shall not be materially in excess of the amounts and coverage landlords of similar First Class Office Buildings require their tenants to maintain. In the event Tenant fails to maintain the limits or coverages as required herein, Landlord may obtain such insurance as an agent of the Tenant and its renewal or continuation without prior notice. Any premiums paid by Landlord in forceconnection with such insurance obtained by Landlord together with interest thereon at the Interest Rate from the date paid by Landlord until the date reimbursed by Tenant shall be payable by Tenant to Landlord.

Appears in 2 contracts

Samples: Lease (Intercept Pharmaceuticals Inc), Lease (Intercept Pharmaceuticals Inc)

Tenant’s Insurance. The Tenant shall take out shall, at its sole cost and expense, keep in full force during and effect the Termfollowing insurance: (a) comprehensive general public liability (including bodily injury, death and All-Risk property damage) insurance on Tenant’s Property for the full replacement value. Such policy shall contain an occurrence basis with respect agreed amount endorsement in lieu of a coinsurance clause. “Tenant’s Property” is defined to be personal property of Tenant located in or on the Premises, Common Areas or Building and those tenant improvements or alterations to the business carried onPremises which do not become Landlord’s property upon installation pursuant to the terms of this Lease or were made by Tenant and of which Landlord did not have notice, excluding that which may be insured by Landlord’s All-Risk property insurance as set forth in or from the Leased Premises and the Tenant's use and occupancy thereof of not less than $2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insuredArticle 6.1(a) above; (b) insuranceCommercial General Liability insurance insuring Tenant against any liability arising out of its use, for occupancy or maintenance of the full replacement cost Premises or the business operated by Tenant pursuant to the Lease. Such insurance shall be in respect the amount of fire at least $3,000,000 per occurrence (which amount may be reasonably changed by Landlord at any time during the Term). Such policy shall name Landlord, Landlord’s wholly-owned subsidiaries, affiliates and such agents and any mortgagees of Landlord as additional insureds; (c) Worker’s Compensation and Employer’s Liability insurance as required by state law; (d) Business Automobile Liability Insurance in the amount of $1,000,000 combined single limit; and (e) Any other perils, including sprinkler leakage form or forms of insurance or increased amounts of insurance as are Landlord or any mortgagees of Landlord may reasonably require from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements form, in amounts and the Tenant's trade fixtures for insurance risks against which a prudent tenant would protect itself. All such policies shall be written in a form and the furniture with an insurance company satisfactory to Landlord and equipment any mortgagees of the TenantLandlord, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement and any mortgagees of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount Landlord, shall receive not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 thirty (30) days prior written notice of cancellation any cancellation. Prior to or material alteration at the time that Tenant takes possession of the Premises, Tenant shall deliver to Landlord copies of policies or certificates evidencing the existence of the amounts and forms of coverage satisfactory to Landlord. Tenant shall, within thirty (30) days prior to the expiration of such terms and shall waive any right of subrogation against the Landlord. The policies, furnish Landlord with renewals or “binders” thereof, or Landlord may require order such insurance and charge the cost thereof to Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forceAdditional Rent.

Appears in 2 contracts

Samples: Office Lease, Office Lease (Zillow Inc)

Tenant’s Insurance. The Tenant shall take out and keep in force during the Term: at its own expense, so long as this Lease remains in effect, (a) comprehensive general public liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars (including bodily injury$2,000,000), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) insurance all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant's personal property in the Premises and all improvements and installed in the Premises by or on an occurrence basis with respect behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen's compensation or similar insurance offering statutory coverage and containing statutory limits (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord and (e) business carried oninterruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months. Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or from policies of such required insurance or certificates thereof with Landlord prior to the Leased Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days' written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the TenantTerm of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor's use liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and occupancy thereof contractor's protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance200,000.00), for the full replacement cost in respect of fire and such other perilscombined single limit, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements personal injury and death and property damage, such insurance to provide that any proceeds recoverable for no deductible, and (ii) workmen's compensation insurance or similar insurance in form and amounts as required by law. In the event of loss damage to Leasehold Improvements or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Xxxxxx agrees that it shall be payable pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the Landlordterms of Section 35, but the Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to make available pay promptly upon Xxxxxxxx's demand, as additional rent the premiums for such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forceinsurance.

Appears in 2 contracts

Samples: Lease Agreement, Agreement of Lease (Convera Corp)

Tenant’s Insurance. (a) The Tenant shall shall, at its sole cost and expense, take out and keep maintain in full force during and effect, at all times throughout the Term, the following insurance: (ai) comprehensive general public liability (including bodily injury, death and property damage) “All Risks” insurance on an occurrence basis with respect to the business carried on, in or from the Leased Premises property of every description and kind owned by the Tenant's use and occupancy thereof of not less than $2,000,000.00 per occurrence , or for which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if is legally liable, or which is installed by or on behalf of the Landlord were separately insured; (b) insuranceTenant within the Premises or on the Lands or Building, for the full replacement cost in respect of fire and such other perilsincluding, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's without limitation, stock-in-trade, furniture, equipment, partitions, trade fixtures and the furniture and equipment of the Tenantleasehold improvements, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the full replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance thereof from time to time required time; (ii) general liability and property damage insurance, including personal liability, contractual liability, tenants’ legal liability, non-owned automobile liability and owners’ and contractors’ protective insurance coverage, with respect to be effected the Premises and the Common Areas, which coverage shall include the business operations conducted by the Tenant and any other person on the Premises. Such policies shall be written on a comprehensive basis with coverage for any one occurrence or claim of not less than two million dollars ($2,000,000.00) or such higher limits as the Landlord may reasonably require from time to time. (iii) business interruption insurance in an amount sufficient to cover the Tenant’s Rent for a period of not less than twelve (12) months; and (iv) such other forms of insurance as may be reasonably required by the Landlord and any Mortgagee from time to time. (b) All such insurance shall be with insurers and on such terms and conditions as the Landlord reasonably approves, and each such policy shall name the Landlord as an additional insured as its renewal interest may appear, and, in the case of public liability insurance, shall contain a provision for cross-liability or severability of interest as between the Landlord and the Tenant. The Tenant shall obtain from the insurers under such policies undertakings to notify the Landlord in writing at least thirty (30) days prior to any cancellation thereof. The Tenant shall furnish to the Landlord, on written request, certificates or certified copies of all such policies. If the Tenant fails to take out or to keep in force such insurance or to provide a certificate of every policy and evidence of continuation of coverage as herein provided, the Landlord shall have the right to take out such insurance and to pay the premium therefor, and, in forcesuch event, the Tenant shall pay to the Landlord the amount paid as premium plus fifteen percent (15%), which payment shall be payable on demand.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Tenant’s Insurance. The Tenant shall take out and keep in force maintain at all times during the Term: Term (a) comprehensive “all risk” property insurance covering all present and future Tenant’s Property and Fixtures to a limit of not less than the full replacement cost thereof, with an agreed amount endorsement, and (b) commercial general public liability (insurance, and, if necessary, commercial umbrella insurance, including bodily injurya contractual liability endorsement, death and property damage) insurance on an occurrence basis with respect to the business carried onpersonal injury liability coverage, in or from respect of the Leased Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant's use and occupancy thereof , as additional insureds, with limits of not less than $2,000,000.00 per 5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence which insurance and (c) boiler and machinery, if there is a boiler, supplemental air conditioning unit or pressure object or similar equipment in the Premises, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee whose name and address shall include the Landlord have been furnished to Tenant, as a named insured and shall protect the Landlord in respect loss payees as their interests may appear, with limits of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for not less than the full replacement cost thereof, with an agreed amount endorsement, and (d) when Alterations are in respect process, the insurance specified in Section 4.02(f) hereof. The limits of fire such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such other perilsfully paid-for policies or certificates of insurance, including sprinkler leakage as are in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time defined in before the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenantexpiration thereof, and which Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies of recognized responsibility licensed to do business in New York State and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/VIII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall include be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the Landlord as a named insured as the Landlord's interest collection of any insurance moneys that may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable be due in the event of loss and Tenant shall execute and deliver to Leasehold Improvements shall Landlord such proofs of loss and other instruments which may be payable required to recover any such insurance moneys. Landlord may from time to time require that the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement amount of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained by Tenant under this Section 7.02 be increased, so that the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the amount thereof adequately protects Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in force’s interest.

Appears in 2 contracts

Samples: Lease (Y-mAbs Therapeutics, Inc.), Lease (Y-mAbs Therapeutics, Inc.)

Tenant’s Insurance. The Tenant shall take out agrees, at Tenant’s expense, to secure and keep in force during the Term: (a) term of this Lease a policy of comprehensive general public liability insurance for personal injury (including bodily injury, death death) and property damage) damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance on an occurrence basis shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business carried on, in or from the Leased Premises State of California and the Tenant's use and occupancy thereof of not rated no less than $2,000,000.00 per occurrence which A12 by Best’s, and shall provide that such insurance shall include not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the Landlord as a named insured replacement value of all Landlord’s and shall protect Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance, Premises for the full replacement cost in respect value thereof. The proceeds from any of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements policies shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward used for the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other provision hereof; and (c) tenant's employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire legal and public liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forceinsurance.

Appears in 2 contracts

Samples: Lease Agreement (Tintri, Inc.), Lease Agreement (Tintri, Inc.)

Tenant’s Insurance. (a) The Tenant shall agrees to take out and keep in force during the Term: (a) comprehensive term hereof general public liability (including bodily injury, death and property damage) insurance on an occurrence basis with respect to to, the business carried on, in or from the Leased Demised Premises and the Tenant's use and of occupancy thereof by the Tenant in the sum of not less than ONE MILLION DOLLARS ($2,000,000.00 per occurrence 1,000,000.00), inclusive, which insurance shall include the Landlord as a named name insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured;. The Tenant shall furnish to the Landlord, if and whenever requested by the Landlord, certificates or other satisfactory evidence as to such insurance. (b) insuranceThe Tenant shall, for throughout the full replacement cost term of this lease, provide and keep in force property damage insurance in respect of fire the Tenant's furniture and trade fixtures and such other perilsproperty in or forming part of the Demised Premises, including sprinkler leakage as are the Landlord may from time to time defined require, against such perils and in such amounts as are normally insured in the usual extended coverage endorsement covering circumstances by prudent tenants, and as the Leasehold Improvements Landlord may require or approve. At the request of the Landlord, the Tenant shall file with the Landlord such copies of current policies or certificates from insurance agents and proof of their renewal and payment of premium as the Landlord may require, and if the Tenant fails to insure or to file satisfactory proof of insurance promptly when so required, the Landlord may, without notice to the Tenant's trade fixtures , effect such insurance and recover any premiums paid therefor from the furniture Tenant on demand. The Tenant shall promptly pay all premiums due on the insurance required to be effected by it hereunder and equipment shall not do anything upon the Demised Premises which would impair or invalidate the obligation of the insurer, whether of the Landlord or of the Tenant, and which if the insurance shall include premiums of the Landlord as a named insured as shall increase because of anything done or omitted by the Tenant of the Demised Premises, the amount of increase shall be paid by the Tenant to the Landlord on demand. The Tenant agrees to name the Landlord and the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement manager of the Leasehold Improvements if this Lease is not terminated Development as additional insureds in all insurance policies placed pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forcethis clause.

Appears in 2 contracts

Samples: Lease Agreement (Pinnacle Oil International Inc), Lease Agreement (Pinnacle Oil International Inc)

Tenant’s Insurance. The During the Term Tenant shall take out and keep in force during the Termmaintain at its own expense: (a) In the event Landlord does not maintain insurance pursuant to Section 5.1 hereof, insurance on the Premises and all property and interest of Landlord in the Premises Including without limitation, Leasehold Improvements, with coverage and in amounts and in respect of all perils including risks which are from time to time designated by Landlord, and which reflect Landlord as the named insured and provide that any proceeds recoverable in the event of loss shall be payable to Landlord to rebuild the Premises; (b) comprehensive general public liability insurance (including bodily injury, death and property damage) insurance on an occurrence basis with respect to the business carried on, on or in or from the Leased Premises and the Tenant's ’s use and occupancy thereof of not less than $2,000,000.00 per occurrence thereof, which insurance shall contain a cross liability clause, and include the Landlord as a named insured and shall protect the Landlord in respect of claims by the or through Tenant as if the Landlord were was separately insured; and shall be for not less than $5,000,000 inclusive limits for personal injury or property damage in respect of each occurrence, or such higher limits as Landlord’s insurance broker may reasonably require from time to time; (bc) insurance, for the full replacement cost insurance in respect of fire and such other perils, including sprinkler leakage perils as are from time to time defined in the usual extended coverage endorsement covering the Tenant’s Property and such Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant(if any) as Landlord may have elected not to insure Tenant or not to require to insure pursuant to 5,2(a) hereof, and which insurance shall include the Landlord as a named insured as the Landlord's its interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, Landlord (but the Landlord agrees to make available such proceeds toward towards the repair or replacement of the Leasehold Improvements insured property if this Lease is not terminated pursuant to any other provision hereof); (d) whichever of business interruption insurance or extra expense insurance is applicable to Tenant, in an amount satisfactory to Landlord acting reasonably; and (ce) tenant's fire legal liability such other insurance in an amount not less than the replacement cost of the Leased Premises, its appurtenances, and the business conducted as would, in the opinion of Landlord acting reasonably, be carried by a prudent operator of premises similar in use, type, and location. All such policies of insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord with 30 days prior written days’ notice of material amendment or cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forcedirectors, officers and employees.

Appears in 2 contracts

Samples: Lease Agreement, Lease (Tekmira Pharmaceuticals Corp)

Tenant’s Insurance. The Tenant shall take out and will keep in force during the Term: at its own expense, so long as this Lease remains in effect, (a) comprehensive general public liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than One Million Dollars (including bodily injury$1,000,000), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant's personal property in the Premises and all of Tenant's Improvements as defined in Section 34 and installed in the Premises by or on behalf of Tenant, such insurance on an occurrence basis with respect to provide for only a reasonable deductible, and (c) if, and to the business carried onextent, required by law, workmen's compensation or similar insurance offering statutory coverage and containing statutory limits. Such policies will be maintained in companies and in form reasonably acceptable to Landlord and will be written as primary policy coverage and not contributing with, or from in excess of, any coverage which Landlord shall carry. Tenant will deposit the Leased policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgages, as additional named insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) day's written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the TenantTerm of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a (i) comprehensive general liability insurance policy, including, but not limited to, contractor's use liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and occupancy thereof contractor's protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance200,000.00), for the full replacement cost in respect of fire and such other perilscombined single limit, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements personal injury and death and property damage, such insurance to provide that any proceeds recoverable for no deductible, and (ii) workmen's compensation insurance or similar insurance in form and amounts as required by law. In the event of loss damage to Leasehold Improvements shall or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 17 herein, Tenant agrees that it will pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be payable terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to the Landlordbe issued, but the Landlord and in such event Tenant agrees to make available pay promptly upon Landlord's demand, as Additional Rent the premiums for such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forceinsurance.

Appears in 2 contracts

Samples: Lease Agreement (Digitalnet Holdings Inc), Lease Agreement (Digitalnet Holdings Inc)

Tenant’s Insurance. The At its expense, the Tenant shall take out and keep thereafter maintain in force at all times during the TermTerm insurance policies as follows: (a) comprehensive general public liability (including bodily injury, death and property damage) all risks insurance on an occurrence basis with respect to all property of every description, nature and kind owned by the business carried onTenant or for which the Tenant is legally liable, or installed in or from the Leased Premises and the Tenant's use and occupancy thereof by or on behalf of not less than $2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if or which is located or situate within the Landlord were separately insured; (b) insuranceLeased Premises including, for the full replacement cost in respect of fire without limitation, all leasehold improvements and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade ’s fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the full replacement cost thereof without deduction for depreciation. Such insurance shall be subject to replacement cost endorsement and shall include a stated amount co-insurance clause; (b) comprehensive broad form boiler, machinery and equipment insurance for the full replacement cost value of all boilers, pressure vessels, air-conditioning and other equipment located on the Leased Premises; (c) business interruption insurance in such amounts as will reimburse the Tenant for direct or indirect loss of earnings attributed to all perils commonly insured against by prudent tenants or attributable to prevention of access to the Leased Premises or to the Building as a result of such perils; (d) comprehensive general bodily injury and property damage liability insurance and tenant’s legal liability insurance in the minimum amount of Ten Million Dollars ($10,000,000.00) and in a form satisfactory to the Landlord, acting reasonably, and including owners and contractors protective, products and completed operations, personal injury, intentional acts, employer’s liability, occurrence property damage (broad form), blanket contractual and non-owned automobile liability extensions. All Such insurance required shall include a cross liability and severability of interest clause; and (e) any other form or forms of insurance as the Tenant or the Landlord or the mortgagees of the Landlord reasonably require from time to time in form, in amounts and for insurance risks against which a prudent tenant would protect itself, provided such form of insurance and amounts of coverage are generally available on terms which the Tenant, acting reasonably, considers to be maintained reasonable commercial terms, but subject to such higher limits as the Tenant, the Landlord, acting reasonably, or any mortgagee of the Landlord’s interest in the Leased Premises may require from time to time and against such additional risks as a prudent tenant would insure. The insurance policies referred to in this Section 9.2 shall contain a waiver of the insurer’s right of subrogation as against the Landlord, the Landlord’s directors, officers, employees, servants, agents, contractors, successors and assigns and any Person for whom the Landlord may in law or by agreement be responsible or for whom the Tenant hereunder Landlord may have agreed to obtain such a waiver. Any and all deductibles shall be on terms and with insurers to which at the Landlord has no reasonable objection, shall provide that such insurers expense of the Tenant. The Tenant shall provide to the Landlord at the commencement of the Term, 30 days prior written notice to the renewal of cancellation all insurance referred to in this Section 9.2 and promptly at any time upon request, a certificate of insurance evidencing the insurance coverages maintained by the Tenant in accordance with this Section 9.2, such certificates to be in a form acceptable to the Landlord, acting reasonably. The delivery to the Landlord of a certificate of insurance or material alteration a certified copy of such terms an insurance policy or any review thereof by or on behalf of the Landlord shall not limit the obligation of the Tenant to provide and maintain insurance pursuant to this Section 9.2 or derogate from the Landlord’s rights if the Tenant shall waive any right fail to fully insure. All policies of subrogation against insurance placed under this Section 9.2 shall be placed with a company or companies reasonably satisfactory to the Landlord. The Landlord may require All policies shall provide that the Tenant to furnish certificates insurance shall not be cancelled or other evidence acceptable changed to the prejudice of the Landlord as without at least 30 days’ prior written notice given by the insurer to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forceLandlord.

Appears in 2 contracts

Samples: Lease Agreement (Photowatt Technologies Inc.), Lease Agreement (Photowatt Technologies Inc.)

Tenant’s Insurance. The Tenant shall take out and keep in force during the Term: (a) comprehensive During the Term of this Lease or any renewal thereof, Tenant shall obtain and promptly pay all premiums for general public liability (including bodily insurance against claims for personal injury, death or property damage occurring upon, or about the Premises with carriers and property damage) insurance on an occurrence basis in amounts reasonably satisfactory to Landlord but with respect to the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof minimum limits of not less than One Million Dollars ($2,000,000.00 per occurrence which 1,000,000.00) combined single limit for bodily injury and property damage, and all such policies and renewals thereof shall name Landlord and Tenant as insureds. All policies of insurance shall include provide (i) that no material change or cancellation of said policies shall be made without thirty (30) days prior written notice to Landlord and Tenant, (ii) that any loss shall be payable notwithstanding any act or negligence of Tenant or Landlord which might otherwise result in the forfeiture of said insurance, and (iii) that the insurance company issuing the same shall not have right of subrogation against Landlord. On or before the Commencement Date, and thereafter not less than fifteen (15) days prior to the expiration dates of said policy or policies, Tenant shall provide copies of policies of insurance evidencing coverages required by this Lease. Landlord as a named insured and shall protect may reasonably increase the Landlord in respect of claims by the Tenant as if the Landlord were separately insured;aforesaid insurance limits from time to time. (b) insurance, for If during the full replacement cost in respect of fire and such other perils, including sprinkler leakage as Term insurance premiums on any insurance policy carried by Landlord on the Building or the Premises are increased due to or resulting from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and occupancy hereunder, Tenant shall pay to Landlord as additional rent the furniture and equipment amount by which Landlord's insurance premiums exceed standard rates. Any amount payable by Tenant hereunder shall be paid to Landlord within ten (10) days after notice to Tenant accompanied by the premium notice or other evidence of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; andamount due. (c) tenantIf desired by Tenant, Tenant shall at its expense obtain insurance on Tenant's fire legal liability Property and any nonstandard building improvements within the Premises. (d) Neither party shall be liable to the other party or to any insurance in an amount not less than company insuring the replacement cost other party (by way of the Leased Premises. All insurance required subrogation or otherwise) for any loss or damage to be maintained any property, or losses under workmen's compensation laws and benefits, even though such loss or damage may have been occasioned by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objectionnegligence of such party, shall provide its agents or employees, provided that such insurers shall provide loss or damage is insured against under the terms of insurance policies referred to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation elsewhere in forcethis Lease.

Appears in 2 contracts

Samples: Office Lease Agreement (Talk Com), Office Lease Agreement (Talk Com)

Tenant’s Insurance. The a. All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies reasonably acceptable to Landlord and Landlord's lender and qualified to do business in the State. Each policy shall name Landlord, and at Landlord's request any mortgagee of Landlord, as an additional insured, as their respective interests may appear. Each policy shall contain (i) a cross-liability endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be primary and non- contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (iii) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (authenticated by the insurer) or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall be delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days after any demand by Landlord therefor. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancellable except after twenty (20) days written notice to Landlord and Landlord's lender. Tenant shall furnish Landlord with renewals or "binders" of any such policy at least ten (10) days prior to the expiration thereof. Tenant agrees that if Tenant does not take out and keep in force during maintain such insurance, Landlord may fifteen (15) days following notice (but shall not be required to) procure said insurance on Tenant's behalf and charge the Tenant the premiums. Tenant shall have the right to provide such insurance coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the Premises, Landlord, Landlord's mortgagee and Tenant as required by this Lease. b. Beginning on the date Tenant is given access to the Premises for any purpose and continuing until expiration of the Term:, Tenant shall procure, pay for and maintain in effect policies of casualty insurance covering (i) all Leasehold Improvements (including any alterations, additions or improvements as may be made by Tenant pursuant to the provisions of Article 12 hereof), and (ii) trade fixtures, merchandise and other personal property from time to time in, on or about the Premises, in an amount not less than one hundred percent (100%) of their actual replacement cost from time to time, providing protection against any peril included within the classification "Fire and Extended Coverage" together with insurance against sprinkler damage, vandalism and malicious mischief. The proceeds of such insurance shall be used for the repair or replacement of the property so insured. Upon termination of this Lease following a casualty as set forth herein, the proceeds under (i) shall be paid to Landlord, and the proceeds under (ii) above shall be paid to Tenant. (a) c. Beginning on the date Tenant is given access to the Premises for any purpose and continuing until expiration of the Term, Tenant shall procure, pay for and maintain in effect workers' compensation insurance as required by law and comprehensive general public liability and property damage insurance with respect to the construction of improvements on the Premises, the use, operation or condition of the Premises and the operations of Tenant in, on or about the Premises, providing personal injury and broad form property damage coverage for not less than One Million Dollars (including $1,000,000.00) combined single limit for bodily injury, death and property damagedamage liability. d. Not less than every three (3) insurance on an occurrence basis with respect years during the Term, Landlord and Tenant shall reasonably agree to the business carried on, increases in or from the Leased Premises and the all of Tenant's use and occupancy thereof of not less than $2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims policy limits for all insurance to be carried by the Tenant as if set forth in this Article. In the event Landlord were separately insured; (b) insuranceand Tenant cannot reasonably agree upon the amounts of said increases, then Tenant agrees that all insurance policy limits as set forth in this Article shall be adjusted for increases in the cost of living in the same manner as is set forth in Section 5.2 hereof for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment adjustment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forceBase Rent.

Appears in 2 contracts

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

Tenant’s Insurance. The Tenant shall take out and keep in force during the Term: (a) Tenant covenants to provide, on or before the Commencement Date, a comprehensive policy of general public liability (including bodily injuryinsurance naming Landlord as an additional named insured, death insuring Tenant and property damage) insurance Landlord against any liability commonly insured against and occasioned by accident resulting from any act or omission on an occurrence basis with respect to or about the business carried on, in or from the Leased Premises and any appurtenances thereto. Such policy is to be written by an insurance company qualified to do business in the Tenant's use and occupancy thereof State of New Jersey reasonably satisfactory to Landlord. The policy shall be with limits not less than Three Million ($2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord 3,000,000.00) Dollars in respect of claims any one person, in respect of any one accident, and in respect of property damage. Said limits shall be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policy, Tenant as if shall deliver a renewal or replacement policy with proof of the Landlord were separately insured;payment of the premium therefor. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the naming Landlord as a an additional named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements insured, then Tenant shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant default hereunder and shall be on terms and with insurers deemed to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord have breached its covenants as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forceset forth herein.

Appears in 2 contracts

Samples: Lease Agreement (Infocrossing Inc), Lease Agreement (Computer Outsourcing Services Inc)

Tenant’s Insurance. The Tenant shall agrees to take out and keep in force during the Term: (a) comprehensive term hereof, without expense to Landlord, with an insurance company with general public liability (including bodily injurypolicy holder’s rating of not less than A-VII, death as rated in the most current Best’s Insurance Reports, or other company acceptable to Landlord, the policies of insurance as set forth below. Tenant shall be permitted to obtain the insurance required under this Paragraph 14 by providing a blanket policy of insurance only if such blanket policies expressly provide coverage to the Premises and property damage) the Landlord as required by this Lease without regard to claims made under such policies with respect to other persons or properties and in such form and content reasonably acceptable to Landlord. All such insurance policies shall be on an occurrence basis with respect to the business carried onand not a claims-made basis, in or from the Leased Premises and the Tenant's use and occupancy thereof contain a standard separation of not less than $2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured insureds provision, and shall protect the Landlord in respect name Landlord, its property manager Quadrelle Realty Services, LLC (or such other property manager selected by Landlord), and their respective agents and employees as additional insureds on a primary and non-contributory basis, as reasonably required by Landlord. A. Causes of claims by the Tenant as if the Landlord were separately insured; (b) Loss – Special Form property insurance, for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the one hundred percent (100%) of replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms covering all tenant improvements, betterments and with insurers to which the Landlord has no reasonable objectionalterations permitted under this Lease, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms floor and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or wall coverings, and Tenant’s office furniture, business and personal trade fixtures, equipment, furniture system and other evidence acceptable to the Landlord as to the insurance personal property from time to time required situated in the Premises. Such property insurance shall include a replacement cost endorsement, providing protection against any peril included within the classification fire and extended coverage, sprinkler damage, vandalism, malicious mischief, and such other additional perils as covered in a cause of loss (special form) insurance policy. The proceeds of such insurance shall be used for the repair and replacement of the property so insured, except that if not so applied or if this Lease is terminated following a casualty, the proceeds applicable to the leasehold improvements shall be paid to Landlord and the proceeds applicable to Tenant’s personal property shall be paid to Tenant; B. Commercial general liability insurance, in the name of Tenant, insuring against any liability from the use and occupancy of the Premises and the business operated by Tenant. All such policies shall be written to apply to all bodily injury or death, property damage and personal injury losses, and shall include blanket contractual liability (including Tenant’s indemnity obligations under this Lease), broad form property damage liability, premise-operations and products-completed operations and shall contain an exception to any pollution exclusion which insures damage or injury arising out of heat, smoke or fumes from hostile fire, a contractual liability endorsement, and provide primary coverage to Landlord (any insurance policy issued to Landlord providing duplicate or similar coverage shall be deemed to be effected excess over Tenant’s policies), in such amounts as may from time to time be customary with respect to similar properties in the same area, but in any event not less than $1,000,000.00 per occurrence, with a $20,000,000 umbrella policy (or such other amounts as may be required by Landlord). The amounts of such insurance required hereunder shall be adjusted from time to time as requested by Landlord based upon Landlord’s determination as to the Tenant amounts of such insurance generally required at such time for comparable premises and its renewal buildings in the general geographical area of the Premises. In addition, such policy of insurance shall include coverage for any potential liability arising out of or continuation in force.because of any construction, work of repair, maintenance, restoration, replacement, alteration, or other work done on or about the Premises by or under the control or direction of Tenant;

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Truck Hero, Inc.)

Tenant’s Insurance. The Tenant shall take out and keep in force carry (at its sole expense during the Term: ) (aI) comprehensive fire and extended coverage insurance insuring Tenant's Improvements to the Premises and any and all furniture, equipment, supplies, contents and other property owned, leased, held or possessed by Tenant and contained therein, such insurance coverage to be in an amount equal to the full replacement value of such improvements and property, as such may increase from time to time; (ii) worker's compensation insurance as required by the laws of the State of Georgia; and (iii) commercial general public liability (including bodily injury, death and property damage) insurance coverage on an occurrence basis for injury to or death of a person or persons and for damage to property occasioned by or arising out of the condition, use, or occupancy of the Premises, or other portions of the Building or Property, including contractual liability and such other coverages and endorsements as are reasonably required by Landlord, such policy to have a combined single limit of not less than Three Million and no/100 Dollars ($3,000,000) for any bodily injury or property damage occurring as a result of or in connection with the above. Landlord and Landlord's property manager shall be named additional insureds on the policies required hereunder and such policies shall provide that the coverage thereunder is primary to, and not contributing with, any policy carried by any such additional insured. Tenant shall have included in all policies of insurance respectively obtained by it with respect to the business carried on, in Building or from Premises a waiver by the Leased Premises and the Tenant's use and occupancy thereof Insurer of not less than $2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect all right of subrogation against the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenantconnection with any loss or damage thereby insured against, and which Landlord shall have included in all property insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance policies required to be maintained by Landlord under this lease a waiver by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice insurer of cancellation or material alteration of such terms and shall waive any all right of subrogation against the LandlordTenant in connection with any loss or damage thereby insured against. The Landlord may require To the Tenant to furnish certificates or other evidence acceptable to the full extent permitted by law, Landlord as to its property insurance policies and Tenant as to all its policies, each waives all right of recovery against the other for, and agrees to release the other from liability for, loss or damage to the extent such loss or damage results from a cause covered by valid and collectible insurance in effect at the time of such loss or damage; provided however, that the foregoing release by each party is conditioned upon the other party's carrying insurance with the above described waiver of subrogation to the extent required above, and if such coverage is not obtained or maintained by either party, then the other party's foregoing release shall be deemed to be rescinded until such waiver is either obtained or reinstated. All said insurance policies shall be carried with companies licensed to do business in the State of Georgia reasonably satisfactory to Landlord having. a Best's Rating of A XII or better and shall be noncancellable and nonamendable except after thirty (30) days written notice to Landlord. At Landlord's request, duly executed certificates of such insurance shall be delivered to Landlord prior to the Commencement Date and at least thirty (30) days prior to the expiration of each respective policy term. Landlord shall have the right to periodically review the coverages required hereunder and in the event Landlord deems It reasonably necessary to require additional coverage resulting from inflation or from increases in jury verdicts or other economic conditions in the jurisdiction where the Property is located, Tenant shall obtain the coverage requested by Landlord. Notwithstanding any other provisions in this Lease to the contrary, Tenant shall have the right to self-assume or obtain insurance from time to time an insurance company that is a wholly owned subsidiary of one (1) of the two (2) general partners of the Tenant which insurance company must have a Best's Rating of A XII or better, for all or a portion of the risk which Tenant is required to provide insurance coverage under this Lease. In the event Tenant self-assumes the risk, it will be effected by responsible for all losses and liabilities to the same extent as if valid and collectible insurance were in effect. The foregoing provision concerning the right to self-assume shall only apply to the Tenant as of the date of this Lease, and to no successors and/or assigns unless consented to by Landlord in its renewal or continuation in forcesole discretion.

Appears in 2 contracts

Samples: Sublease (Maxxis Group Inc), Sub Sublease (Maxxis Group Inc)

Tenant’s Insurance. The Tenant shall take out and keep in force maintain during the Term: Term (ai) comprehensive general public liability (including bodily injury, death and all risks insurance upon property damage) insurance on an occurrence basis with respect to the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof of not less than $2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims owned by the Tenant as if or for which it is liable (including glass) and which is located on the Landlord were separately insured; (b) insurancePremises including, for without limitation, furniture fittings, installations, alterations, additions, partitions and fixtures or anything in the nature of a leasehold improvement made or installed by or on behalf of the Tenant in an amount equal to the full replacement cost thereof; (ii) comprehensive general liability insurance against claims for death, personal injury and property damage in respect of fire and such other perils, including sprinkler leakage as are or about the Premises in amounts satisfactory from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include to the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that acting reasonably but in any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than $5,000,000.00 per occurrence for personal injury and property damage; (iii) tenant's legal liability insurance for limits satisfactory from time to time to the replacement cost of the Leased PremisesLandlord acting reasonably; (iv) Business interruption insurance; and (v) such other insurance as Landlord may from time to time require. All insurance required to be maintained by the Tenant hereunder Each such policy shall be on terms in form and with insurers acceptable to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The insurance described in paragraphs (i) and (ii) above shall name the Landlord and anyone designated in writing by the Landlord as Mortgagee as additional insureds as their interests may require appear. All property damage and public liability insurance shall contain a provision for cross-liability or severability of interest as between the Landlord and the Tenant. The Tenant hereby releases the Landlord from any liability for loss to the extent of all insurance proceeds under policies of insurance carried by the Tenant or which would have been paid if the Tenant had maintained the insurance it is required to maintain under this Lease. Such policies shall contain an endorsement requiring the insurers under such policies to notify the Landlord in writing at least thirty (30) days prior to any material change or cancellation thereof. The Tenant shall furnish certificates or other evidence acceptable to the Landlord certified copies of all such policies for its acceptance, as aforesaid, and shall provide written evidence of the continuation of such policies not less than ten days prior to their respective expiry dates. The cost or premium for each and every such policy shall be paid by the Tenant. If the Tenant fails to maintain such insurance, the Landlord shall have the right, but not the obligation or any liability to do so, to pay the cost or premium therefor, and in such event the Tenant shall repay to the insurance from time to time required to be effected by Landlord, as Additional Rent, forthwith on demand the Tenant and its renewal or continuation in forceamount so paid.

Appears in 2 contracts

Samples: Lease Agreement (SMTC Corp), Lease Agreement (SMTC Corp)

Tenant’s Insurance. The Tenant shall take out and keep in force during the Term: (a) comprehensive general public liability Tenant shall maintain at its sole cost and expense (including bodily injury, death and property damagei) insurance on an occurrence basis with respect to the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof of not less than $2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect of against fire and such other perils, including sprinkler leakage perils as are from time to time defined may be included in the usual so-called "fire and special extended coverage endorsement covering coverage" insurance on the Leasehold Improvements and the Tenant's trade fixtures Property in an amount adequate to cover their replacement cost; and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (cii) tenant's fire legal comprehensive general liability insurance on an all-occurrence basis with limits of liability in an amount not less than the replacement cost $2,000,000 combined single limit for each occurrence with respect to loss of the Leased Premiseslife, bodily or personal injury and damage to property. All such insurance required shall be issued by insurers approved by Landlord and authorized to do business in Georgia, shall name Landlord as an additional insured, shall provide for a deductible not greater than $1,000.00 from any loss payable, shall contain appropriate endorsements denying Tenant's insurers the right of subrogation against Landlord, and shall contain a provision whereby each insurer agrees not to cancel such insurance without 30 days' prior written notice to Landlord. On or before the Commencement Date Tenant shall furnish Landlord with a certificate evidencing the aforesaid insurance coverage, and renewal certificates shall be maintained furnished to Landlord at least 30 days prior to the expiration date of each policy or policies of such insurance. (b) If during the Term insurance premiums on any insurance policy carried by Landlord on the Building or the Premises are increased due to or resulting from Tenant's occupancy hereunder, Tenant shall pay to Landlord as Additional Rent the amount of such increase in insurance premiums. Any amount payable by Tenant hereunder shall be on terms and with insurers paid to which Landlord within ten (10) days after notice to Tenant accompanied by the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written premium notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to of the amount due. (c) Landlord as to shall maintain commercially reasonable (i) insurance against fire and such other perils on the Building; and (ii) comprehensive general liability insurance from time to time required to on the Building. Such insurance may be effected by the Tenant and its renewal or continuation in forcemaintained through a blanket policy if insurance.

Appears in 2 contracts

Samples: Sublease Agreement (Accord Networks LTD), Sublease Agreement (Accord Networks LTD)

Tenant’s Insurance. The Tenant shall take out obtain and keep in full force during the Term: and effect (aA) comprehensive general public liability an "all risk" insurance policy (including bodily injuryterrorism coverage) with a replacement cost endorsement for all Existing Leasehold Improvements, death Tenant's Distribution Systems, Alterations (including the Initial Work) and Tenant's Property at the Premises or in the Building and business interruption coverage (including terrorism coverage) covering a period of not less than twenty four (24) months, (B) a policy of commercial general liability and property damage) damage insurance on an occurrence basis basis, with respect to the business carried ona contractual liability endorsement, (C) worker's compensation insurance policy as may be required by applicable Requirements, (D) employer's liability insurance, and (E) automobile liability insurance including automobile non-ownership liability insurance, as are customarily obtained by operators of comparable businesses. In addition, in the event that Tenant is permitted by Landlord to maintain personal or from the Leased Premises other property (i.e., emergency generator, communications dish, and the like) in locations other than the Premises, the insurance policies required to be carried by Tenant pursuant to clauses (A) and (B) above shall cover such property and its use by Tenant or Tenant's use agents, employees or contractors. Such policies shall provide that Tenant is named as the insured. Landlord, Landlord's managing agent, and occupancy thereof of not less than $2,000,000.00 per occurrence which insurance any Lessors under Superior Leases and any Mortgagees (whose names shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (bhave been furnished to Tenant) insurance, for the full replacement cost in respect of fire and such other perilsPersons as Landlord may identify in writing to Tenant, including sprinkler leakage as are from time to time defined in time, during the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the TenantTerm, and which insurance shall include the Landlord be added as a named insured additional insureds, as the Landlord's interest their respective interests may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms carried pursuant to clauses (A) and with insurers to which the Landlord has no reasonable objection(B) above, shall provide that such insurers shall provide and only to the Landlord 30 days prior written notice extent of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as named insured's negligence with respect to the insurance from time to time required to be effected carried pursuant to clause (B) above. Landlord or, if requested by Landlord, any Mortgagee, shall be named as loss payee with respect to the Tenant and its renewal or continuation in force.insurance required to be carried pursuant to clause (A) above. Such policy with respect to clause

Appears in 2 contracts

Samples: Office Lease (Tufin Software Technologies Ltd.), Office Lease (Tufin Software Technologies Ltd.)

Tenant’s Insurance. The Tenant shall take procure and maintain throughout the Term of this Lease a policy of commercial general liability insurance, at its sole cost and expense, insuring Tenant against all claims, demands or actions arising out and keep of or in force during connection with Tenant's use or occupancy of the Term: (a) comprehensive general public liability (including bodily injury, death and property damage) insurance on an occurrence basis with respect to the business carried onpremises, in accordance with Paragraph 6.5 hereof, and to be written by insurance companies qualified to do business in the state in which the premises are located, with a general policyholder rating of at least A- and a financial rating of at least VIII in the most current Best Insurance Report available at the time of execution of this Lease. Landlord and Landlord's managing agent, if any and if requested by Landlord in writing, shall be listed as an additional insured on such insurance policy. Tenant shall provide Landlord with a certificate of Tenant's insurance or from a copy thereof as required above. Upon written request by Landlord, changes in the name of Landlord (or Landlord's managing agent) shall be reflected on such certificate. Such duly executed certificate of insurance shall be promptly delivered to Landlord on the date on which Tenant occupies the Leased Premises or any portion thereof and renewal thereof as required shall be delivered to Landlord at least seven (7) days prior to the Tenant's use and occupancy thereof of not less than $2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment expiration of the respective policy terms. If Tenant fails to procure and provide to Landlord the certificate of insurance within the period specified hereinabove, Landlord shall have the option to procure the required insurances at the sole cost and expense of Tenant and Tenant shall reimburse to Landlord the reasonable cost of such insurances within thirty (30) days of the date of procurement thereof. Nothing in this Section 6.8 is or shall be deemed to constitute a release or waiver by Landlord of any claim(s) which Landlord might otherwise have against Tenant arising from the negligent or wrongful acts or omissions of Tenant or any officer, director, employee, agent, representative, contractor, invitee, licensee, or visitor of Tenant, it being the sole and which exclusive responsibility of Tenant, hereby acknowledged, to secure sufficient insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements safeguard Tenant against any and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available all such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forceclaims.

Appears in 1 contract

Samples: Lease Agreement (Mission Critical Software Inc)

Tenant’s Insurance. The Tenant shall take out obtain at its own expense and keep in full force and effect during the Term: , a policy of commercial general liability insurance (aincluding, without limitation, insurance covering Tenant's contractual liability under this Lease), under which Tenant is named as the insured, and Landlord, Landlord's managing agent, the present and any future mortgagee of the Real Property or the Building and/or such other designees specified by Landlord from time to time, are named as additional insureds. Such policy shall contain a provision that no act or omission of Tenant shall affect or limit the obligation of the insurance company to pay the amount of any loss sustained. Such policy shall also contain a provision which provides the insurance company will not cancel or refuse to renew the policy, or change in any material way the nature or extent of the coverage provided by such policy, without first giving Landlord at least thirty (30) comprehensive general public 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 (including bodily injury, death and property damage) insurance on an occurrence basis shall be a combined single limit with respect to the business carried on, each occurrence in or from the Leased Premises and the Tenant's use and occupancy thereof an amount of not less than $2,000,000.00 per occurrence 3,000,000 for injury (or death) and damage to property or such greater amount as may be consistent with and comparable to limits required to be carried by owners of buildings in midtown Manhattan comparable to the Building. 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 insurance 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 as with a named insured and complete copy of any such policy upon written request of Landlord. Tenant shall protect have no right to obtain any of the insurance required hereunder pursuant to a blanket policy covering other properties unless the blanket policy contains an endorsement that names Landlord, Landlord's managing agent and/or designees specified by Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in time, as additional insureds, references the usual extended coverage endorsement covering Premises, and guarantees a minimum limit available for the Leasehold Improvements 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 Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance coverage evidenced thereby shall include the Landlord as a named insured as the Landlord's interest may appear be primary with respect to insured Leasehold Improvements any policies carried by Landlord, and provide that any proceeds recoverable in the event of loss to Leasehold Improvements coverage carried by Landlord shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement excess insurance. The limits of the Leasehold Improvements if insurance required under this Lease is subsection shall not terminated pursuant to any other provision hereof; and (c) tenant's fire legal limit the liability insurance in an amount not less than the replacement cost of the Leased PremisesTenant under this Lease. All insurance required to be maintained carried by Tenant pursuant to the Tenant hereunder terms of this Lease shall be on terms effected under valid and enforceable policies issued by reputable and independent insurers permitted to do business in the State of New York, and rated in Best's Insurance Guide, or any successor thereto (or if there be none, an organization having a national reputation) as having a general policyholder rating of "A" and a financial rating of at least "13". In the event that Tenant fails to continuously maintain insurance as required by this subsection, Landlord may, at its option and without relieving Tenant of any obligation hereunder, order such insurance and pay for the same at the expense of Tenant. In such event Tenant shall repay the amount expended by Landlord, with insurers to which the Landlord has no reasonable objectioninterest thereon, shall provide that such insurers shall provide to the Landlord 30 days prior immediately upon Landlord's written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forcedemand therefor.

Appears in 1 contract

Samples: Lease Agreement (Thrupoint Inc)

Tenant’s Insurance. The Tenant Tenant, at its sole cost and expense, shall take out procure, pay for and keep in full force during and effect throughout the TermTerm the following types of insurance, in at least the amounts and in the forms specified below: (a) comprehensive Comprehensive or commercial general public liability (including insurance with combined single limit for bodily injury, personal injury, death and property damagedamage liability coverage in the amount of the greater of (i) insurance on an occurrence basis Two Million Dollars ($2,000,000) per occurrence, or (ii) the current limit carried by Tenant. Such policy shall insure against any and all liability of the insureds with respect to the business carried onPremises or arising out of the maintenance, use or occupancy of the Premises or related to the exercise of any rights of Tenant pursuant to this Lease, and shall be subject to increases in amount as Landlord may reasonably require from time to time. All such liability insurance shall specifically insure the performance by Tenant of the indemnity agreement as to liability for injury to or from death of persons and injury or damage to property set forth in this Lease. Further, all such liability insurance shall include, but not be limited to, personal injury, blanket contractual, cross-liability and severability of interest clauses, products/completed operations, broad form property damage, independent contractors, owned, nonowned and hired vehicles and, if alcoholic beverages are served, sold, consumed or obtained in the Leased Premises and the TenantPremises, liquor law liability. (b) Worker's use and occupancy thereof compensation coverage as required by law, including employer's liability coverage, with a limit of not less than Five Hundred Thousand Dollars ($2,000,000.00 per occurrence which insurance shall include the 500,000) and waiver by Tenant's insurer of any right of subrogation against Landlord as a named insured and shall protect the Landlord in respect by reason of claims by the Tenant as if the Landlord were separately insured;any payment pursuant to such coverage. (bc) insurance, Business interruption or loss of income insurance in amounts sufficient to insure Tenant's business operations for a period of not less than one (1) year. (d) Plate glass insurance covering all plate glass on the Premises at full replacement cost in respect value. Tenant shall have the option either to insure this risk or to self-insure. (e) Insurance covering all of fire Tenant's leasehold improvements, Alterations permitted under Article 8, trade fixtures, merchandise and such other perils, including sprinkler leakage as are personal property from time to time defined in, on or about the Premises in an amount not less than their full replacement value from time to time, including replacement cost endorsement, providing protection against any peril included within the usual extended coverage endorsement covering the Leasehold Improvements classification Fire and the Tenant's trade fixtures Extended Coverage, sprinkler damage, vandalism, malicious mischief and the furniture and equipment of the Tenant, and which such other additional perils as covered in an "all risks" standard insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any policy. Any policy proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward used for the repair or replacement of the Leasehold Improvements if property damaged or destroyed unless this Lease is shall cease and terminate under the provisions of Article 12. (f) Any insurance policies designated necessary by Landlord with regard to Tenant's or Tenant's contractors' construction of any Alterations including, but not terminated pursuant limited to, contingent liability and "all risks" builders' risk insurance, in amounts acceptable to Landlord. (g) A policy of insurance insuring against all risks of direct physical loss or damage (excepting loss or damage caused by flood or earthquake) to any or all buildings and other provision hereof; and (c) tenant's fire legal liability insurance improvements located on the property where the Premises are located in an amount not less equal to or greater than the full replacement cost of all such buildings and improvements, the Leased Premises. All exact amount and type of such insurance required to be approved, in writing, by Landlord in its reasonable discretion. Any such insurance may be brought within the coverage of any so-called blanket policy or policies of insurance carried and maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forceTenant.

Appears in 1 contract

Samples: Lease Agreement (Cherokee International Corp)

Tenant’s Insurance. The Tenant shall take out agrees to maintain in full force and keep in force ------------------ effect at all times during the Term, at its sole cost and expense, for the protection of Tenant and Landlord, as their interests may appear, policies of insurance issued by a responsible carrier or carriers acceptable to Landlord which afford the following coverages: (ai) comprehensive Commercial general public liability (including bodily injury, death and property damage) insurance on an occurrence basis with respect to the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof of not less than $2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than Three Million and no/100ths Dollars ($3,000,000.00) combined single limit for both bodily injury and property damage which includes blanket contractual liability broad form property damage, personal injury, completed operations, and products liability, which policy shall name Landlord and Landlord's Agents as additional insureds and shall contain a provision that "the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant provided Landlord hereunder shall be primary and non-contributing with any other insurance available to Landlord with respect to any damage, loss, liability or expense covered by Tenant's indemnity obligations under Paragraph --------- 21.A of the Lease." ---- (ii) Causes of loss-special form property insurance (including, without limitation, vandalism, malicious mischief, inflation endorsement, and sprinkler leakage endorsement) on terms and with insurers to which Tenant's Personal Property located on or in the Landlord has no reasonable objectionPremises. Such insurance shall be in the full amount of the replacement cost, shall provide that such insurers shall provide to as the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord same may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time increase as a result of inflation or otherwise. As long as this Lease is in effect, the proceeds of such policy shall be used for the repair and replacement of such items so insured. Landlord shall have no interest in the insurance proceeds on Tenant's Personal Property. Notwithstanding the foregoing, Tenant shall have the right, at its election, to self-insure with respect to any loss or damage to Tenant's Personal Property. (iii) Boiler and machinery insurance, including steam pipes, pressure pipes, condensation return pipes and other pressure vessels and HVAC equipment, including miscellaneous electrical apparatus, in an amount satisfactory to Landlord. (iv) Workers compensation insurance in the manner and to the extent required to be effected by applicable law and with limits of liability not less than the minimum required under applicable law, covering all employees of Tenant and its renewal having any duties or continuation responsibilities in forceor about the Premises.

Appears in 1 contract

Samples: Build to Suit Lease (At Home Corp)

Tenant’s Insurance. The At all times Tenant shall take out and keep in full force during and effect a policy of commercial general liability insurance utilizing the Term: (a) comprehensive general public liability (including bodily injuryISO occurrence form CG0001, death and property damage) insurance on an occurrence basis or equivalent, with respect to the business carried onDemised Premises, in or such limits as may be reasonably required from time to time by Landlord. The limits of Tenant’s liability insurance on the Leased Premises and the Tenant's use and occupancy thereof of Commencement Date shall be not less than $2,000,000.00 per occurrence 3,000,000, for each occurrence. In no event shall the limits of any coverage maintained by Tenant pursuant to this Section 11.1 be considered as limiting Tenant’s liability under this Lease. These policies shall name Landlord, any person, firms or corporations (including, without being limited to, any mortgagee or lessor of Landlord) designated by Landlord as additional insureds as to the Property only, shall include blanket contractual liability coverage which insures contractual liability under the indemnifications set forth in Section 11.2 hereof and shall contain a clause that the insurer will not cancel or materially change the insurance without first giving Landlord thirty (30) days prior notice. The insurance shall include be written by an insurance company, authorized to do business in California, which is reasonably acceptable to Landlord. A certificate of insurance shall be delivered to Landlord upon the execution and delivery of this Lease and replacement certificates or binder shall be delivered prior to the expiration of any then existing coverage. The insurance which Tenant is required to maintain in force and effect under this Section 11.1 shall be primary insurance as respects Landlord (and any other additional insureds designated by Landlord) as a named insured to the Property only, unless and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect of fire and until it is finally determined that Landlord’s or such other perilsdesignated insured’s active negligence caused the loss or damage, including sprinkler leakage and not excess over or contributory with any other available insurance. Certificates of insurance evidencing the liability insurance coverage required under this Section 11.1 shall contain an endorsement to such effect. If Tenant fails to obtain the insurance or fails to provide a certificate of insurance as are from time required under this Section 11.1, Landlord may, at its option, after notice to time defined in Tenant, obtain the usual extended required coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment on behalf of the Tenant, and which insurance Tenant shall include reimburse Landlord for the Landlord as a named insured as cost thereof, together with interest from the date of Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable ’s payment to the date of Tenant’s reimbursement, within ten (10) days after Tenant’s receipt of Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement ’s written demand therefor accompanied by an invoice showing payment of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision premium by Landlord. In addition, at all times during the Term hereof; and (c) tenant's fire legal , Tenant shall procure and maintain Worker’s Compensation Insurance in accordance with the Laws of the State of California and employer’s liability insurance in an amount of not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forceOne Million Dollars ($1,000,000.00).

Appears in 1 contract

Samples: Sublease (Intelepeer Inc)

Tenant’s Insurance. a) The Tenant shall agrees to take out and keep in force forced during the Term: (a) comprehensive term hereof general public liability (including bodily injury, death and property damage) insurance on an occurrence by occurrence basis and such insurance coverage as may reasonably be prescribed by the Landlord with respect to the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof by the Tenant but in any event, in the sum of not less than $2,000,000.00 per occurrence ONE MILLION (1,000,000,00) DOLLARS inclusive, which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured;, The Tenant shall furnish to the Landlord, if and whenever requested by the Landlord, certificates or other satisfactory evidence as to such insurance. (b) insuranceThe Tenant shall throughout the term of this lease, for the full replacement cost provide and keep in force property damage insurance in respect of fire the Leasehold Improvements, the Tenant’s furniture and trade fixtures, interior plate glass and such other perils, including sprinkler leakage property in or forming part of the Leased Premises and Building as are the Landlord may from time to time defined require, including fire and extended coverage and against such perils and in such amounts as are normally insured in the usual extended coverage endorsement covering circumstances by prudent Tenants, as the Leasehold Improvements Landlord may require or approve. At the request of the Landlord, the Tenant shall file with the Landlord such copies of current policies or certificates from insurance agents and proof of their renewal and payments of premium as the Landlord may require, and if the Tenant falls to insure or to file satisfactory proof of insurance promptly when so required, the Landlord may, without notice to the Tenant's trade fixtures , effect such insurance and recover any premiums paid therefore from the furniture Tenant on demand, including fifteen (15%) percent administration fee. The Tenant shall promptly pay all premiums due on the insurance required to be effected by it hereunder and equipment shall not do anything upon the Leased Premises which would impair or invalidate the obligations of the insurer, whether of the Landlord or of the Tenant, and which if the insurance shall include premiums of the Landlord as a named insured as shall increase because of anything done or omitted by the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost Tenant of the Leased Premises. All insurance required to , the amount of increase shall be maintained paid by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forceon demand.

Appears in 1 contract

Samples: Lease Agreement (Vannessa Ventures LTD)

Tenant’s Insurance. The Tenant shall take out and keep in force during Effective as of the Term: earlier of (a) comprehensive general public liability (including bodily injurythe date Tenant enters or occupies the Premises, death and property damage) insurance on an occurrence basis with respect to the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof of not less than $2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurancethe Commencement Date, for and continuing throughout the full replacement cost Term, Tenant shall maintain the following insurance policies: (1) commercial general liability insurance in respect amounts of fire $1,000,000 per occurrence, $2,000,000 in the aggregate and $5,000,000 umbrella coverage, or such other perils, including sprinkler leakage amounts as are Landlord may from time to time defined reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy, 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 a person or persons or damage to property arising from the use and occupancy of the Premises, (2) insurance covering the full value of all alterations and improvements and betterments in the usual extended coverage endorsement Premises, naming Landlord and Landlord’s Mortgagee as additional loss payees as their interests may appear, (3) insurance covering the Leasehold Improvements and the Tenant's full value of all furniture, trade fixtures and personal property (including property of Tenant or others) in the furniture 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 hereunder (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 equipment (6) business interruption insurance. Tenant’s insurance shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. Tenant shall furnish to Landlord certificates of such insurance and such other evidence satisfactory to Landlord of the Tenantmaintenance 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 which 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 company to notify Landlord at least thirty (30) days before cancellation or a material change of any such insurance policies. All such insurance policies shall include the be in form reasonably satisfactory to Landlord as a named insured as the Landlord's interest may appear with respect and issued by companies licensed to insured Leasehold Improvements and provide that any proceeds recoverable do business in the event state in which the Premises is located and having an A.M. Best rating of loss at least A:X (or the equivalent of such rating) or otherwise approved in writing by Landlord. If Tenant fails to Leasehold Improvements shall be payable comply with the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant in addition to any other provision hereof; and (c) tenant's fire legal liability remedy available pursuant to this Lease or otherwise, may, but shall not be obligated to, obtain such insurance in and Tenant shall pay to Landlord on demand the premium costs thereof, plus an amount not less than the replacement cost administrative fee of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration 15% of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forcecost.

Appears in 1 contract

Samples: Lease Agreement (Intermolecular Inc)

Tenant’s Insurance. The Tenant shall take out and keep in force during the Term: (a) Tenant shall carry the comprehensive general public liability (including bodily injury, death insurance required by Section 5.02 hereof and property damage) shall also carry fire and extended coverage insurance on an occurrence basis with respect Tenant’s Personal Property in the Leased Premises in the amount of their full replacement cost (subject only to the business carried ona reasonable deductible and co-insurance factor). In addition, in or from Tenant shall maintain workers’ compensation insurance and all such other insurance relating to Tenant’s use and occupancy of the Leased Premises and the Building as may be required by applicable law. All such policies required to be carried by Tenant hereunder and all evidence of insurance provided to Landlord shall be issued by responsible, financially sound companies qualified to do business and in good standing in the Commonwealth of Massachusetts and shall contain an endorsement showing that Landlord and each holder of a Mortgage (disclosed in writing to Tenant's use ) is included as an additional insured (except as to workers’ compensation insurance), as its interests may appear and occupancy thereof an endorsement whereby the insurer agrees not to cancel or alter the policy without at least thirty (30) days prior written notice to Landlord, to the holder of such Mortgage and all other named insureds. Tenant shall, on or prior to occupying any portion of the Leased Premises, deposit with Landlord certificates of such insurance, and thereafter, on or prior to fifteen (15) days before the expiration date of any coverage thereunder, shall deposit with Landlord certificates evidencing the renewal of such policies. Any such insurance may be maintained by Tenant under a blanket policy or policies; provided, however, that the minimum amount of the total insurance afforded by such blanket policy which shall be allocable to the Leased Premises and any sublimits of such policy allocable to the Leased Premises, shall be in amounts which shall not be less than the amounts of the insurance required hereunder, and the protection afforded to Landlord and each holder of a Mortgage under such policy shall be not less than $2,000,000.00 per occurrence that which would have been afforded under a separate policy or policies relating only to the Leased Premises, and the certificate evidencing such insurance shall include contain provisions confirming the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured;foregoing. (b) insurance, for In the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time event that Tenant fails to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment timely furnish Landlord evidence of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained provided by the Tenant hereunder pursuant to Subsection (a) above, and such failure shall continue for five (5) Business Days after notice thereof from Landlord, Landlord shall be on terms and authorized (but not required) to procure such coverage in the amounts stated with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required all costs thereof to be effected chargeable to Tenant as Additional Rent, and payable by the Tenant and its renewal or continuation in forceupon receipt of written invoice therefor.

Appears in 1 contract

Samples: Lease (Houghton Mifflin Co)

Tenant’s Insurance. The Tenant shall, during the entire term of this Lease and any other period of occupancy, at its sole cost and expense, keep in full force and effect the following insurance: a. All-Risk Insurance. Standard form property insurance (extended coverage) insuring against the perils of fire, vandalism, malicious mischief, cause of loss-special form (“All-Risk”), sprinkler leakage, earthquake sprinkler leakage and earthquake coverage, provided, however, if Tenant cannot obtain or elects not to obtain earthquake sprinkler leakage or earthquake coverage, Tenant shall take out and keep in force during the Term: (a) comprehensive general public liability (including bodily injury, death and property damage) insurance on an occurrence basis with respect be deemed to the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof of not less than $2,000,000.00 per occurrence which insurance shall include the Landlord as a named have fully self-insured such losses and shall protect the not, under any circumstances seek recourse against Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance, or Landlord’s insurance coverage for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time any loss or damage to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's ’s property. This insurance policy shall be upon all trade fixtures and the furniture and equipment of the other property owned by Tenant, for which Tenant is legally liable and/or that was installed at Tenant’s expense, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable is located in the event of loss to Leasehold Improvements shall be payable to the LandlordBuilding including, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to without limitation, furniture, fittings, installations, fixtures and any other provision hereof; and (c) tenant's fire legal liability insurance personal property, in an amount not less than the full replacement cost of the Leased Premisesthereof. All insurance required to be maintained by the Tenant hereunder If there shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord a dispute as to the amount which comprises full replacement cost, the decision of Landlord or any mortgagees of Landlord shall be conclusive. This insurance from time policy shall also insure the direct or indirect loss of Tenant’s earnings attributable to time required Tenant’s inability to be effected by use fully or obtain access to the Premises or the Building in the amount as will properly reimburse Tenant for a period of one (1) year following such loss of use or access. Such policy shall name Landlord and its renewal or continuation in forceany mortgagees of Landlord as additional insured parties, as their respective interests may appear.

Appears in 1 contract

Samples: Office Building Lease

Tenant’s Insurance. The Tenant shall take out provide on or before the Commencement Date for the benefit of Landlord and Tenant a comprehensive policy of liability insurance insuring Landlord and Tenant against any liability whatsoever occasioned by accident on or about the Premises and the Real Property or any appurtenances thereto. Such policy is to be written by good and solvent insurance companies reasonably satisfactory to Landlord, and the limits of liability thereunder shall not be less than the amounts set forth in Section 31.15 hereof for personal injury, including death, in respect of any one person, in respect of any one occurrence, and in respect of property damage. Such insurance may be carried under a blanket policy covering other locations of Tenant, if any. Landlord shall be a named insured under such policy. Prior to the time such insurance is first required by this Article XXVI to be carried by Tenant, and thereafter, at least fifteen (15) days prior to the expiration of any such policy, Tenant agrees to deliver to Landlord either a duplicate original of the aforesaid policy or a certificate evidencing such insurance, which policy or certificate shall provide that such insurance may not be cancelled except upon thirty (30) days prior notice to Landlord. Upon failure at any time on the part of Tenant to procure and deliver to Landlord the policy or certificate of insurance, as hereinabove provided, stamped "Premium Paid" by the issuing company at least fifteen (15) days before the expiration of the prior insurance policy or certificate, if any, or to pay the premiums therefor, Landlord shall be at liberty, from time to time, as often as such failure shall occur, to procure such insurance and to pay the premium therefor, and any sums paid for insurance by Landlord shall be and become, and are hereby declared, to be Additional Rent hereunder for the collection of which Landlord shall have all the remedies provided for in this Lease or by law for the collection of rent. Payment by Landlord of such premium or the carrying by Landlord of any such policy shall not be deemed to waive or release the default of Tenant with respect thereto. Tenant's failure to provide and keep in force during the Term: (a) comprehensive general public liability (including bodily injury, death and property damage) insurance on an occurrence basis with respect to the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof of not less than $2,000,000.00 per occurrence which aforementioned insurance shall include the be regarded as an Event of Default hereunder entitling Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment exercise any or all of the Tenant, and which insurance shall include the Landlord remedies as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable provided in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forceLease.

Appears in 1 contract

Samples: Lease Agreement (Optical Systems Inc)

Tenant’s Insurance. Tenant agrees, at its sole cost, to insure its personal property, against damage for their full replacement value. Said insurance shall provide All Risk and fire coverage equal to the replacement cost of said property. The property insurance provided by Tenant as required by this paragraph and shall take out name Landlord and keep in force during the Term: (a) comprehensive general public liability (including bodily injuryLandlord’s lender, death and property damage) insurance on an occurrence basis as loss payee with respect to Tenant Improvements and Alterations only. Tenant shall deliver certificates of insurance to Landlord evidencing such Insurance. Tenant agrees, at its sole cost, and to obtain worker’s compensation and Commercial General Liability insurance for occurrences within the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof Premises. Worker’s Compensation limits shall be per state law. General Liability Insurance shall contain a combined single limit of not less than Five Million Dollars ($2,000,000.00 per occurrence which 5,000,000.00) (coverage may be provided by any combination of primary and excess insurance). Tenant’s liability insurance shall include the Landlord as be primary insurance containing a named insured cross-liability clause, and shall protect the Landlord in respect provide coverage on an “occurrence” rather than on a “claims made” basis. All such insurance shall provide for severability of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect interests; shall provide that an act or omission of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment one of the Tenantnamed (additional) insureds shall not reduce or avoid coverage to the other named (additional insureds). Tenant shall name Landlord, Sobrato Development Companies and which insurance shall include the Landlord Landlord’s lender as a named an additional insured as the Landlord's interest may appear (except with respect to insured Leasehold Improvements damages arising out of its sole negligence or with respect to structural alteration, new construction or demolition operations performed by or on behalf of and provide that any proceeds recoverable in the event shall deliver a certificates of loss insurance to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance policies required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, under this section shall provide that such insurers shall provide to the Landlord 30 days for thirty (30) days’ prior written notice to Landlord of any cancellation or material alteration termination in coverage. Notwithstanding the above, Landlord retains the right to have Tenant provide other forms of such terms and shall waive any right of subrogation against the Landlord. The Landlord insurance which may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time be reasonably required to be effected cover future risks, provided such as available at commercially reasonable rates but in no event exceeding an annual amount payable by the Tenant and its renewal or continuation in forceof $25,000.

Appears in 1 contract

Samples: Lease Agreement (Netflix Inc)

Tenant’s Insurance. The Tenant shall take out and keep in force during the Term: (a) comprehensive general public Tenant shall, at its expense, maintain at all times a policy or policies of insurance insuring Tenant against all liability (including bodily injury, for injury to or death of a person or persons and for damage to or destruction of property damage) insurance on an occurrence basis occasioned by or arising out of or in connection with respect to the business carried on, in use or from occupancy of the Leased Premises and the Tenant's use and occupancy thereof of not less than $2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims or by the condition of the Leased Premises (including Tenant’s contractual liability to indemnity and defend Landlord) with a combined single limit of $1,000,000 for bodily injury and property damages, or with increased limits as may be required from time to time by Landlord by giving notice to Tenant Tenant’s policies must be written by an insurance company or companies satisfactory to Landlord and licensed to do business in the State of Texas with Landlord and Landlord’s manager named as if additional insureds without restriction. If Tenant has an umbrella or excess policy, Tenant shall name Landlord and Landlord’s manager as additional insureds without restriction on all layers of umbrella or excess policies. Tenant shall obtain a written obligation on the part of each insurance company to notify Landlord were separately insured;at least fifteen (15) days prior to cancellation of the insurance. (b) insurance, for the full replacement cost in respect Tenant shall deliver copies of fire and such other perils, including sprinkler leakage as are from time its insurance policies or duly executed certificates of insurance to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect prior to insured Leasehold Improvements and provide that occupying any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost part of the Leased Premises. All Tenant shall deliver satisfactory evidence of renewals of the insurance required policies to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide at least fifteen (15) days prior to the Landlord 30 days prior written notice expiration of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlordrespective policies. The If Tenant fails to comply with these insurance requirements, Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to obtain the insurance and Tenant shall pay to Landlord on demand as additional Rent the premium cost thereof plus interest at the Interest Rate from the date of payment by Landlord until paid by Tenant. (c) Tenant shall use its best efforts to insure that all contractors, subcontractors, moving companies and others performing work of any type for Tenant in the Building shall comply with the insurance requirements set out on Exhibit E attached hereto and incorporated herein by reference, as such requirements may be revised from time to time required to be effected by the Tenant and its renewal or continuation in forceLandlord.

Appears in 1 contract

Samples: Lease Agreement (Newgistics, Inc)

Tenant’s Insurance. The Tenant, at its expense, shall obtain and maintain in effect as long as this Lease remains in effect and during such other time as Tenant shall take out and keep in force during occupies the TermLeased Premises or any part thereof insurance policies providing at least the following coverage: A. Public liability insurance, including insurance against assumed or contractual liability under this lease, with respect to the Leased Premises, to afford protection with limits of not less that five hundred thousand dollars (a$500,000) comprehensive general public liability per occurrence and one million dollars (including bodily injury$1,000,000) annual aggregate, combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible; B. All-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant's Personal Property in the Leased Premises and all of the Alterations, and all other things installed in the Leased Premises by or on behalf of Tenant, and covering loss of income resulting from casualty; and C. If, and to the extent, required by law, worker's compensation or similar insurance offering statutory coverage and containing statutory limits. Such policies will be maintained in form reasonably acceptable to Landlord and will be written as primary policy coverage and not contributing with, or in excess of, any coverage, which Landlord shall carry. Tenant will deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to Move-in, which policies shall name Landlord or its designee as an additional named insured, as a loss-payee and shall also contain a provision stating that such policy or policies shall not be canceled or materially altered except after thirty (30) days written notice to Landlord. All such policies of insurance on an occurrence basis shall be effective as of the date Tenant occupies the Leased Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Leased Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor maintain, at no expense to Landlord, during such times as the contractor is working in the Leased Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor's protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than five hundred thousand dollars ($500,000), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) worker's compensation insurance or similar insurance in form and amounts as required by law. In the business carried on, in event of damage to or from destruction of the Leased Premises and the termination of this Lease by Landlord pursuant to Section 15 herein, Tenant agrees that it will pay Landlord all of its insurance proceeds relating to Tenant's use and occupancy thereof of not less than $2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time to time defined Improvements made in the usual extended coverage endorsement covering the Leasehold Improvements and the Leased Premises by or on behalf of Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in force.

Appears in 1 contract

Samples: Lease Agreement (Sideware Systems Inc)

Tenant’s Insurance. The Tenant Tenant, at its sole expense, shall take out obtain and keep in force during the Termfollowing insurance: (a) comprehensive Commercial general public liability (including insurance coverage on an "occurrence basis" against claims for personal injury, including, without limitation, bodily injury, death death, and broad form property damage) insurance on an occurrence basis with respect to the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof of limits not less than $2,000,000.00 1,000,000 per occurrence which and a $2,000,000 aggregate, with coverage to include a per location endorsement, contractual liability, fire legal liability in the amount of $500,000, and other broad form endorsements that would be carried by a prudent individual conducting a business similar to Tenant's business. All such insurance policies shall include name Tenant as the Landlord as a named insured thereunder and shall protect the name Landlord in respect of claims by the Tenant and Landlord's mortgagees as if the Landlord were separately insuredadditional insureds thereunder, all as their respective interests may appear; (b) Worker's Compensation and Employer's Liability insurance, for with a waiver of subrogation endorsement waiving rights of subrogation against Landlord, in form and amount satisfactory to Landlord and at a minimum is equal to that required by the law of Virginia; (c) Special Causes of Loss Insurance insuring any Leasehold Improvements made to the Premises after the Commencement Date and Tenant's interest in the Premises and all property located in the Premises, including furniture, equipment fittings, installations, fixtures, supplies and any other personal property, Leasehold Improvements and alterations ("TENANT'S PROPERTY"), in an amount equal to the full replacement cost value, it being understood that no lack or inadequacy of insurance by Tenant shall in respect any event make Landlord subject to any claim by virtue of fire any theft or loss or damage to any uninsured or inadequately insured property; (d) During the course of construction of any work performed by Tenant or on Tenant's behalf pursuant to this Lease or any alterations by Tenant until completion thereof, Builder's Risk Insurance on a "special causes of loss" basis (including collapse) on a completed value (non-reporting) form for full replacement value covering all work incorporated in the Building and such other perilsall materials and equipment in or about the Premises; (e) Auto liability coverage for owned, including sprinkler leakage as are hired and non-owned vehicles with a $1,000,000 combined single limit; and (f) Excess liability coverage in the amount of $5,000,000 which will follow form and respond to and increase the limits of the coverages described in SECTIONS 12.01(a), (b), (c), AND (d) above. All policies shall be issued by companies having a Best's rating of at least A-XI and shall be in amounts and in form satisfactory from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements to Landlord and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide lender. All policies shall contain an endorsement or agreement by the insurer that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable in accordance with the terms of such policy notwithstanding any act or negligence of Tenant which might otherwise result in a forfeiture of said insurance, and the further agreement of the insurer waiving all rights of setoff, counterclaim, or deduction against Tenant. Tenant will deliver certificates of insurance evidencing each policy to Landlord as soon as practicable after the placing of the required insurance, but not later than ten (10) days prior to the Landlord, but the Landlord agrees to make available such proceeds toward the repair date Tenant takes possession of all or replacement any part of the Leasehold Improvements if this Lease is not terminated pursuant Premises. All policies shall contain an undertaking by their insurers to any other provision hereof; and (c) tenantnotify Landlord and Landlord's fire legal liability insurance lender in an amount writing, by registered or certified U.S. Mail, return receipt requested, not less than thirty (30) days before any material change, reduction in the replacement cost scope or limits of the Leased Premisescoverage, cancellation, or other termination thereof. All policies shall name Landlord and Landlord's manager as additional insureds and shall be evidenced as such on a Certificate of Insurance issued to Landlord. Landlord reserves the right to periodically review the insurance coverages required by this SECTION 12.01 and to revise such requirements to reflect insurance industry practices or require other forms or amounts of insurance as may be reasonably required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the reflect changes in insurance from time to time required to be effected by the Tenant and its renewal or continuation in forceindustry practices.

Appears in 1 contract

Samples: Office Lease Agreement (Pec Solutions Inc)

Tenant’s Insurance. The Tenant shall take out and keep in force during the Term: (a) comprehensive general At all times during the Term of this Lease, Tenant shall, at its own expense, maintain (i) public liability (including bodily injury, insurance for claims for personal injury or death and property damage) insurance on an occurrence basis damage with respect to the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof limits of not less than $2,000,000.00 per occurrence which 5,000,000.00 combined single limit of liability; (ii) fire and extended coverage insurance on all property described in the first sentence of Section 13(b) to the extent of at least 90 percent of their insurable value. All such policies shall include the name Landlord as a named an additional insured and shall protect be with insurance companies and on forms reasonably satisfactory to Landlord. Tenant shall, prior to Commencement Date and thereafter at Landlord’s request, furnish Landlord with certificates of all insurance to be maintained by Tenant and with evidence of payment of the premiums thereon. All such policies shall contain, to the extent available in the insurance market, a clause or endorsement to the effect that they may not be terminated or amended during the Term of this Lease except after thirty days’ written notice thereof to Landlord. All insurance policies maintained by or on behalf of Tenant with respect to the Premises shall include a waiver of subrogation against Landlord in respect on the part of claims the respective insurance carriers and Tenant hereby releases Landlord, to the extent of the Tenant’s insurance coverage (or coverage that would have been available had Tenant maintained the insurance required to be carried by Tenant under this Lease), from any and all liability for any loss or damage covered by such insurance which may be inflicted upon the property of Tenant even if such loss or damage shall be brought about by the Tenant as if the Landlord were separately insured;fault or negligence of Landlord, its agents or employees. (b) insuranceTenant shall not use or suffer or permit any other firm or person to use the Premises for any hazardous purpose or in any manner that will violate, for suspend, void, make inoperative or increase the full replacement cost in respect rate of any policies of insurance of any kind at any time carried by Landlord upon the Premises and the Building, fixtures and property therein. Tenant at Tenant’s sole expense shall comply with all rules, orders, regulations or requirements of the board of fire underwriters, or any other similar body, having jurisdiction over the Premises. Any increase in the cost of any insurance carried by Landlord attributable to Tenant’s activities on the Premises or Tenant’s failure to perform and such other perilsobserve Tenant’s obligations and covenants hereunder shall be borne by Tenant and payable to Landlord, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenanttime, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forcedemand.

Appears in 1 contract

Samples: Lease Agreement

Tenant’s Insurance. The Tenant shall take out and will keep in force during the Term: at its own expense, so long as this Lease remains in effect, (a) comprehensive general public liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than One Million Dollars (including bodily injury$1,000,000), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) insurance all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant's personal property in the Premises and all improvements and installed in the Premises by or on an occurrence basis with respect behalf of Tenant whether pursuant to the business carried onterms of Section 34, Section 9, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen's compensation or similar insurance offering statutory coverage and containing statutory limits, and (d) shall insure all plate and other interior glass in the Premises Such policies will be maintained in companies and in form reasonably acceptable to Landlord and will be written as primary policy coverage and not contributing with, or from in excess of, any coverage which Landlord shall carry. Tenant will deposit the Leased policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional named insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) day's written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the TenantTerm of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor's use liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and occupancy thereof contractor's protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance200,000.00), for the full replacement cost in respect of fire and such other perilscombined single limit, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements personal injury and death and property damage, such insurance to provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlordfor no deductible, but the Landlord agrees to make available such proceeds toward the repair and (ii) workmen's compensation insurance or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability similar insurance in an amount not less than the replacement cost of the Leased Premises. All insurance form and amounts as required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in force.by

Appears in 1 contract

Samples: Lease Agreement (American Communications Services Inc)

Tenant’s Insurance. The Tenant Tenant, at its expense, shall take out and keep maintain in full force during the Term: term of this Lease, a policy or policies of commercial general liability insurance with a combined single limit of at least two million dollars (a$2,000,000) comprehensive general public for each occurrence, insuring against all liability (including of Tenant and its representatives and Visitors for personal or bodily injury, death and injury or property damage) damage arising out of or incurred in connection with Tenant's use or occupancy of the Premises or the Property. Such policy or policies shall further insure the indemnification obligations of Tenant under this Lease. Tenant shall at all times maintain in effect insurance on an occurrence basis with respect to its Alterations and Trade Fixtures providing coverage against fire, extended coverage perils and vandalism and malicious mischief, to the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof extent of not less than $2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect at least eighty percent (80%) of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect thereof. Tenant may carry such insurance under a blanket policy, provided that such policy provides equivalent coverage to a separate policy. During the term of fire and this Lease the proceeds from any such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment policies of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward used for the repair or replacement of the Leasehold Improvements if Alterations and Trade Fixtures so insured. Landlord shall have no interest in such insurance and shall sign all documents reasonably necessary or proper in connection with the settlement of any claim or loss by Tenant. Landlord will not carry insurance on Tenant's personal property or Trade Fixtures. Each policy of insurance required under this Lease is not terminated pursuant Section 12.1 shall require at least fifteen (15) days' written notice to Landlord prior to any other provision hereof; and (c) tenant's fire legal termination or alteration of the policy. Each policy of liability insurance in an amount shall name Landlord, its partners and its property manager and mortgagees as additional insured and provide that it is primary to, and not less than contributing with, any policy carried by Landlord covering the replacement cost of same loss. Tenant shall provide to Landlord, upon request, evidence that the Leased Premises. All insurance required to be maintained carried by Tenant pursuant to this Section 12.1 is in full force and effect and the premiums therefor have been paid. Any limits set forth in this Lease on the amount or type of coverage required by Tenant's insurance shall not limit the liability of Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forceunder this Lease.

Appears in 1 contract

Samples: Sublease (Neurobiological Technologies Inc /Ca/)

Tenant’s Insurance. The During the term of this Lease, Tenant shall take out shall, at Tenant's sole cost and keep in force during expense for the Termmutual benefit and protection of Landlord, Fee Mortgagee and Tenant, maintain: (a) comprehensive general public liability (including bodily injuryA. Public Liability Insurance, death and property damage) such insurance on to afford protection in an occurrence basis with respect to the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof amount of not less than a Three Million ($2,000,000.00 per occurrence which 3,000,000) Dollar combined single limit of liability for bodily injury or property damage arising out of any one occurrence. This limit can be achieved by any combination of primary and excess insurance. Tenant shall also carry Fire and Extended Coverage Insurance on Tenant's property, insuring against damage by fire, and such other risks and hazards as are insurable under present and future standard forms of fire and extended coverage insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurancepolicies, for the full replacement cost insurable value thereof. Landlord shall be added as an additional insured to protect its interest in respect of fire regards to any improvements and betterments made to the Demised Premises. B. Tenant agrees to deliver to Landlord, at least thirty (30) days prior to the time such other perils, including sprinkler leakage as are from time insurance is first required to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the be carried by Tenant, and which thereafter at least thirty (30) days prior to expiration of any such policy, either a duplicate original or a certificate of insurance and certified true copies of all policies procured by Tenant, in compliance with its obligations hereunder, together with evidence of payment therefor, or, if Landlord so requires, to the Fee Mortgagee, except that if insurance is in blanket form, Tenant shall promptly provide Landlord suitable certificates from the insurer to evidence coverage of the Landlord. All of said policies of insurance shall include name the Landlord and its designee as a named insured additional insureds, as the Landlord's their interest may appear with respect to insured Leasehold Improvements appear, and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable in form and with insurance companies satisfactory to the Landlord, but the Landlord agrees to make available . All such proceeds toward the repair policies shall contain an endorsement stating that such insurance may not be cancelled or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount amended except upon not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 thirty (30) days prior written notice to Landlord and any designee of cancellation Landlord. C. All insurance provided for in this paragraph shall be effected under valid and enforceable policies issued by insurers of recognized responsibility. D. During the term of this Lease, Tenant shall maintain workman's compensation insurance covering all persons employed xx xxx Xenant and with respect to whom death or material alteration bodily injury claims could be asserted against Landlord. In addition to which, prior to any construction, repairs, alterations and additions to the Demised Premises by Tenant, Tenant shall restrict access to the Demised Premises by any contractor unless such contractor has a certificate of such terms and insurance on file with the Tenant covering workman's compensation insurance. E. Upon Tenant's failure to comply in full with this subparagraph, the Landlord shall waive any have the right of subrogation against to obtain said insurance as required to protect the Landlord. The Landlord may require 's interests, pay the Tenant to furnish certificates or other evidence acceptable premiums therefor, and add said premiums to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forcemonthly installment of Fixed Rent next due.

Appears in 1 contract

Samples: Lease Agreement (Vasomedical Inc)

Tenant’s Insurance. The Tenant shall take out and keep in force during the Term: at its own expense, so long as this Lease remains in effect, (a) comprehensive general public liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars (including bodily injury$2.000,000), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) insurance all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant's personal property in the Premises and all improvements and installed in the Premises by or on an occurrence basis with respect behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen's compensation or similar insurance offering statutory coverage and containing statutory limits (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord and (e) business carried oninterruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months. Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or from policies of such required insurance or certificates thereof with Landlord prior to the Leased Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days' written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the TenantTerm of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor's use liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and occupancy thereof contractor's protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance200,000.00), for the full replacement cost in respect of fire and such other perilscombined single limit, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements personal injury and death and property damage, such insurance to provide that any proceeds recoverable for no deductible, and (ii) workmen's compensation insurance or similar insurance in form and amounts as required by law. In the event of loss damage to Leasehold Improvements or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall be payable pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the Landlordterms of Section 35, but the Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to make available pay promptly upon Landlord's demand, as additional rent the premiums for such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forceinsurance.

Appears in 1 contract

Samples: Lease Agreement (Griffin Capital Essential Asset REIT II, Inc.)

Tenant’s Insurance. The Tenant assumes all risk of loss or damage to Tenant's property within the Property which may be caused by water leakage, fire, windstorm, explosion, acts of God or other cause, or by the act or omission of any other tenant at the Property, its guests and invitees. Tenant shall take out be responsible for insurance of all of Tenant's and keep in force during Landlord’s personal property located or stored upon the Term: (a) comprehensive general public liability (including bodily injuryPremises against the risks of damage, death destruction, or loss resulting from theft, fire, storm, and all other hazards and casualties. Tenant shall be responsible for insurance of all of Landlord’s personal property located or stored upon the Premises against the risks of damage) insurance on an occurrence basis with respect to the business carried on, in destruction or loss resulting from the Leased Premises actions of Tenant. LANDLORD SUGGESTS THAT TENANT SECURE TENANT'S OWN INSURANCE TO PROTECT AGAINST ALL OF THE ABOVE OCCURRENCES. Tenant acknowledges that Landlord does not have insurance coverage on the personal possessions of Tenant whether located in the shared residence, unit, or in the Community, and agrees that it will obtain insurance to cover said personal possessions and Landlord’s personal property located or stored upon the Premises. Regardless of whether Tenant secures such insurance, Landlord and its agents shall not be liable for any damage to, or destruction or loss of, any of Tenant's use and occupancy thereof of not less than $2,000,000.00 per occurrence which insurance shall include personal property located or stored upon the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment Premises regardless of the Tenantcause or causes of such damage, destruction, or loss and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of even if such damage, destruction or loss to Leasehold Improvements shall be payable to the is caused by Landlord, but the Landlord agrees to make available such proceeds toward the repair its employees or replacement of the Leasehold Improvements if agents. Incorporated into this Lease Agreement Agreement and attached hereto is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objectionaddendum entitled “Personal Property Liability Lease Agreement Agreement Addendum.” TENANT AGREES TO RELEASE, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forceINDEMNIFY AND DEFEND LANDLORD AND LANDLORD'S AGENTS FROM AND AGAINST LIABILITY FOR INJURY TO THE PERSON OF TENANT, TENANT'S AGENTS, GUESTS OR INVITEES, OR TO ANY MEMBERS OF TENANT'S HOUSEHOLD RESULTING FROM ANY CAUSE WHATSOEVER, EXCEPT ONLY SUCH PERSONAL INJURY CAUSED SOLELY BY THE NEGLIGENT OR INTENTIONAL ACTS OF LANDLORD OR ITS AGENTS OR EMPLOYEES.

Appears in 1 contract

Samples: Lease Agreement

Tenant’s Insurance. The A. Tenant shall take out procure and keep maintain policies of insurance, at its own cost and expense through the New Mexico Public Schools Insurance Authority for liability of Tenant and its "public employees" as defined in force during the Term: Tort Claims Act (aNMSA 1978, Section 41-4-1 et. seq.) comprehensive general public liability (including bodily injuryin amounts prescribed by the Tort Claims Act, death and property damage) causing Landlord to be named as an additional insured on such policy of insurance on an occurrence basis with respect to the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof of not less than $2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord but only in respect of claims liability arising out of Tenant's actions on the Premises. Certificates of Tenant's insurance policies shall be deposited with Landlord as requested by Landlord during the Tenant as if the term of this Lease. B. Landlord were separately insured; (b) insurance, for the full replacement cost shall carry its own general liability insurance in respect of fire and such other perilsliability related to or connected with the Premises for bodily injury to or personal injury to or death of any person or persons, including sprinkler leakage as are from time or for damage to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance property in an amount not of no less than legally required. Tenant shall be an additional insured on such policy. C. Landlord shall carry a policy or policies of insurance, at its sole cost and expense, insuring Landlord and Landlord's lender, if any, against property loss or damage to the Premises in an amount equal to the replacement cost thereof. D. Tenant shall, from the execution of this lease, carry commercial tenant's property insurance, covering against all risks of physical loss to the contents of the Leased Premises. All , including without limitation, the furniture, fixtures and equipment, in an amount equal to full replacement cost. E. Tenant will not conduct or permit to be conducted any activity or place any equipment in or about the Premises, which will in any way increase the rate of fire insurance or other insurance on the Building; and if any increase in the rate of fire insurance or other insurance is stated by any insurance company or by the applicable insurance rating bureau to be due to activity or equipment of Tenant in or about the Premises, such statement shall be evidence that the increase in such rate is due to such activity or equipment, and as a result thereof, Tenant shall be liable for such increase and shall reimburse Landlord therefore. F. Tenant shall at all times maintain Worker's Compensation insurance covering its employees in and about the Premises as required by law and shall provide Landlord proof of such insurance upon request. G. If the Premises, or Tenant’s personal property or fixtures in the Premises, shall be damaged or destroyed by a casualty required to be maintained insured against under the terms of this Lease, whether or not such damage or destruction is caused, or claimed to be caused, by the Tenant hereunder neglect or misconduct of Landlord or Tenant, or any of their respective officers, employees, agents, contractors, or invitees, neither Landlord, Tenant, nor their respective insurance companies shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive have any right of action, by way of subrogation or otherwise, against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the Tenant, or any of their officers, employees, agents, contractors, or invitees, arising from such damage or destruction, and each policy of insurance from time to time required to be effected by this Lease shall provide a waiver and release by the Tenant and its renewal or continuation in forceinsurer of any such right.

Appears in 1 contract

Samples: Lease Agreement

Tenant’s Insurance. The Tenant shall take out covenants and agrees to provide at its expense on or before the Commencement Date and to keep in force force, during the Termthe: Term naming Landlord and Tenant as insured parties: (ai) comprehensive general public liability (including bodily injuryinsurance including, death and but not limited to, premises operations, blanket contractual insurance, broad form property damage) insurance , independent contractor's coverage and personal injury coverage, protecting Landlord and Tenant against any liability whatsoever, occasioned by any occurrence on an occurrence basis with respect to the business carried on, in or from about the Leased Premises or any appurtenances thereto. Such policy is to be written by insurance companies licensed to do business in the State of New York and the Tenant's use satisfactory to Landlord, and occupancy thereof shall be in a form and in such limits as Landlord may reasonably require with minimum limits of liability thereunder of not less than $2,000,000.00 5,000,000 per occurrence which insurance shall include for bodily or personal injury (including death) and in the Landlord as a named insured and shall protect the Landlord amount of $1,000,000 per occurrence in respect of claims by the Tenant as if the Landlord were separately insured;property damage. (bii) insurance, for the full replacement cost in respect of standard all-risk fire and such other perils, including sprinkler leakage as are from time to time defined casualty insurance covering Tenant's contents in the usual extended coverage endorsement Building. Such insurance may be carried under blanket policies covering the Leasehold Improvements Leased Premises and other locations of Tenant, if any, provided that each such policy shall in all respects comply with this Article and shall specify that the portion of the total coverage of such policy that is allocated to the Leased Premises is in the amounts required to be carried by Tenant and thereafter, at least 15 days prior to the effective date of any such policy, Tenant agrees to deliver to Landlord either a duplicate original of the aforesaid policies or a certificate evidencing such insurance. Said certificates shall contain an endorsement that such insurance may not be canceled except upon 30 days' prior notice to Landlord. Such certificates shall also have the indemnity clause set forth herein typed on the certificates evidencing that the "hold harmless" clause has been insured. Tenant's trade fixtures failure to provide and keep in force the furniture and equipment aforementioned insurance shall be regarded as a material default hereunder entitling Landlord to exercise any or all of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable remethes provided in this Lease in the event of loss to Leasehold Improvements Tenant's default. "Tenant shall be payable to the pay on behalf of and indemnify, defend and save Landlord harmless from and against any loss, liability, cost and expense, including reasonable attorneys' fees, (except for those expenses arising out of Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement 's provision of the Leasehold Improvements if this Lease services which Landlord is not terminated obligated to provide pursuant to any other provision hereof; and Article Five of the Agreement of Lease between (cLandlord] and [Tenant] dated _________, 1992 (the "Lease") tenant's fire legal liability insurance in an amount not less than arising from the replacement cost use or occupation of the Leased Premises. All insurance required to be maintained Premises by Tenant or anyone in the Tenant hereunder shall be on terms Leased Premises with Tenant's permission and with insurers to which or from any breach of the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected Lease by the Tenant and its renewal or continuation in force.Tenant"

Appears in 1 contract

Samples: Lease Agreement (Entex Information Services Inc)

Tenant’s Insurance. The Tenant shall take out and keep in force during the Term: (a) comprehensive general public liability (including bodily injury, death and property damage) insurance on an occurrence basis with respect to the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof of not less than $2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. .] [Language in brackets struck out in original] All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in force.

Appears in 1 contract

Samples: Lease Agreement (Infowave Software Inc)

Tenant’s Insurance. The Tenant shall take out and keep in force during the Term: at its own expense, so long as this Lease remains in effect, (a) comprehensive general public liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars (including bodily injury$2,000,000), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits (d) insurance on covering all plate and other interior glass in the Premises for and in the name of Landlord and (e) business interruption insurance in an occurrence basis with respect amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the business carried onBuilding or the Premises for a period of at least twelve (12) months. Such policies shall be maintained with companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or from policies of such required insurance or certificates thereof with Landlord prior to the Leased Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Tenant's use Term of this Lease and occupancy thereof all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance200,000.00), for the full replacement cost in respect of fire and such other perilscombined single limit, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements personal injury and death and property damage, such insurance to provide that any proceeds recoverable for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of loss damage to Leasehold Improvements or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall be payable pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the Landlordterms of Section 35, but the Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to make available pay promptly upon Landlord’s demand, as additional rent the premiums for such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forceinsurance.

Appears in 1 contract

Samples: Lease Agreement (Integral Systems Inc /Md/)

Tenant’s Insurance. (a) The Tenant shall take out and keep in force during comprehensive insurance of the Term: (a) comprehensive type commonly called general public liability (including which shall include coverage for personal injury, blanket contractual liability, tenants legal liability, non-owned automobile liability, bodily injury, broad form property damage, death and property damage) insurance damage all on an occurrence basis with respect to the business carried on, in or from the Leased Premises and in, on or from any other part of the Tenant's use and occupancy thereof Building, with coverage for any one occurrence or claim of not less that $3,000,000 or such other amount as the Landlord may reasonably require upon not less than $2,000,000.00 per occurrence one (1) month's notice atlany time during the Term. which insurance shall include the Landlord as a named insured Insured and shall protect the Landlord in respect of claims by the c i aims Xx xxxx Tenant as if the Landlord were separately insuredinsured and shall contain cross liability clauses; (b) insurance, for the full replacement cost in respect of fire The Tenant shall purchase and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and maintain insurance on the Tenant's trade fixtures Trade Fixtures and the furniture and equipment of the Tenant and all Leasehold Improvements of the Tenant, and . Such insurance will also cover all property of others which insurance the Tenant has assumed responsibility for. This coverage shall include be written on an All Risk blanket basis for not less than eighty (80Z) percent of the full replacement cost. The Landlord be named as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide provided that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, Landlord (but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements insured property if this Lease is not terminated pursuant to any other provision hereof; andhereto); (c) tenant's fire legal liability The Tenant shall take out insurance against such other perils and in an such amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which as the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required reasonably require upon not less than ninety (90) days written notice such requirements to be effected by made on the Tenant and its renewal or continuation basis that the required insurance is customary at the time for prudent tenants of properties similar to the Building in forcethe vicinity of the Building.

Appears in 1 contract

Samples: Lease Agreement (It Staffing LTD)

Tenant’s Insurance. The Tenant shall take out and keep in force during the Term: (a) comprehensive general public liability (including bodily injury, death and property damage) insurance on an occurrence basis with respect to the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof of not less than $2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. a. All insurance required to be maintained carried by the Tenant hereunder shall be on terms issued by responsible insurance companies acceptable to Landlord and with insurers Landlord's lender and qualified to which do business in the Landlord has no reasonable objectionState. Each policy shall name Landlord, and at Landlord's request any mortgagee of Landlord, as an additional insured, as their respective interests may appear. Each policy shall provide contain (i) a cross-liability endorsement, (ii) a provision that such insurers policy and the coverage evidenced thereby shall provide be primary and non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (iii) a waiver by the Landlord 30 days prior written notice insurer of cancellation or material alteration of such terms and shall waive any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (authenticated by the Landlordinsurer) or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall be delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days after any demand by Landlord therefor. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance may, at any time and from time to time time, inspect and/or copy any insurance policies required to be effected maintained by Tenant hereunder. No such policy shall be cancelable except after twenty (20) days written notice to Landlord and Landlord's lender. Tenant shall furnish Landlord with renewals or "binders" of any such policy at least ten (10) days prior to the expiration thereof. Tenant agrees that if Tenant does not take out and maintain such insurance, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge the Tenant the premiums together with a twenty-five percent (25%) handling charge, payable upon demand. Tenant shall have the right to provide such insurance coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the Premises, Landlord, Landlord's mortgagee and Tenant and its renewal or continuation in forceas required by this Lease.

Appears in 1 contract

Samples: Office Building Lease (Centennial First Financial Services)

Tenant’s Insurance. The Tenant shall take out and keep in force during the Term: (a) comprehensive general public liability (including bodily injury, death and property damage) insurance on an occurrence basis with respect to the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof of not less than $2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. - deleted text] All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in force.

Appears in 1 contract

Samples: Lease Agreement (Infowave Software Inc)

Tenant’s Insurance. The Tenant Tenant, at its expense, shall take out and keep maintain in force during the Term: (a) comprehensive commercial general public liability (including insurance, which shall include coverage for personal liability, contractual liability, tenant's legal liability, bodily injury, death and property damage) insurance , all on an occurrence basis with respect to the business carried on, on in or from the Leased Premises and the Tenant's use and occupancy thereof of the Premises, with coverage for any one occurrence or claim of not less than $2,000,000.00 per occurrence which insurance shall include the 3,000,000 or such other amount as Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured;may reasonably require upon not less than six (6) months' prior written notice; and (b) insurance, for the full replacement cost in respect of fire and insurance against such other perils, including sprinkler leakage perils and in such amounts as are Landlord may from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount reasonably require upon not less than ninety (90) days' prior written notice, such requirement to be made on the replacement cost basis that the required insurance is customary at the time for prudent tenants of properties similar to the Leased PremisesBuilding in the Chicago, Illinois area. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers reasonably acceptable to Landlord. Each policy of liability insurance shall include Landlord, the Manager and its affiliates and others Landlord may from time to time designate as additional insureds. Each policy of property insurance shall contain a waiver by the insurer of any rights of subrogation or indemnity or any other claim to which the insurer might otherwise be entitled against Landlord, the Manager or its affiliates or their respective agents or employees. Each policy of insurance shall contain an undertaking by the insurer that no material change adverse to Landlord has no reasonable objectionor Tenant will be made, shall provide that such insurers shall provide to and the Landlord 30 days policy will not lapse or be cancelled, except after not less than thirty (30) days' prior written notice to Landlord of cancellation the intended change, lapse or material alteration of such terms cancellation. Tenant shall furnish to Landlord, if and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish whenever requested by it, certificates or other evidence evidences acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in force.

Appears in 1 contract

Samples: Office Lease (Piranha Inc)

Tenant’s Insurance. The Tenant shall take out covenants and agrees to provide at its expense on or before the Commencement Date and to keep in force force, during the TermTerm naming Landlord and Tenant as insured parties: (ai) comprehensive general public liability (including bodily injuryinsurance including, death and but not limited to, premises operations, blanket contractual insurance, broad form property damage) insurance , independent contractor's coverage and personal injury coverage, protecting Landlord and Tenant against any liability whatsoever, occasioned by any occurrence on an occurrence basis with respect to the business carried on, in or from about the Leased Premises or any appurtenances thereto. Such policy is to be written by insurance companies licensed to do business in the State of New York and the Tenant's use satisfactory to Landlord, and occupancy thereof shall be in a form and in such limits as Landlord may reasonably require with minimum limits of liability thereunder of not less than $2,000,000.00 5,000,000 per occurrence which insurance shall include for bodily or personal injury (including death) and in the Landlord as a named insured and shall protect the Landlord amount of $1,000,000 per occurrence in respect of claims by the Tenant as if the Landlord were separately insured;property damage. (bii) insurance, for the full replacement cost in respect of standard all-risk fire and such other perils, including sprinkler leakage as are from time to time defined casualty insurance covering Tenant's contents in the usual extended coverage endorsement Building. Such insurance may be carried under blanket policies covering the Leasehold Improvements Leased Premises and other locations of Tenant, if any, provided that each such policy shall in all respects comply with this Article and shall specify that the portion of the total coverage of such policy that is allocated to the Leased Premises is in the amounts required to be carried by Tenant and thereafter, at least is days prior to the effective date of any such policy, Tenant agrees to deliver to Landlord either a duplicate original of the aforesaid policies or a certificate evidencing such insurances. Said certificates shall contain an endorsement that such insurance may not be canceled except upon 30 days' prior notice to Landlord. Such certificates shall also have the indemnity clause set forth herein typed on the certificates evidencing that the "hold harmless" clause has been insured. Tenant's trade fixtures failure to provide and keep in force the furniture and equipment aforementioned insurances shall be regarded as a material default hereunder entitling Landlord to exercise any or all of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable remedies provided in this Lease in the event of loss to Leasehold Improvements Tenant's default, "Tenant shall be payable to the pay on behalf of and indemnify, defend and save Landlord harmless from and against any loss, liability, cost and expense, including reasonable attorneys' fees (except for those expenses arising out of Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement 's provision of the Leasehold Improvements if this Lease services which Landlord is not terminated obligated to provide pursuant to any other provision hereof; and Article Five of the Agreement of Lease between (cLandlord] and [Tenant] dated _____, 1992 (the "Lease") tenant's fire legal liability insurance in an amount not less than arising from the replacement cost use or occupation of the Leased Premises. All insurance required to be maintained Premises by Tenant or anyone in the Tenant hereunder shall be on terms Leased Premises with Tenant's permission and with insurers to which or from any breach of the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected Lease by the Tenant and its renewal or continuation in forceTenant."

Appears in 1 contract

Samples: Lease Agreement (Entex Information Services Inc)

Tenant’s Insurance. The Tenant shall take out and keep in force during the Term: at its own expense, so long as this Lease remains in effect, (a) comprehensive general public liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars (including bodily injury$2,000,000), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) insurance on of all plate and other interior glass in the Premises for and in the name of Landlord, and (e) business interruption insurance in an occurrence basis with respect amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the business carried onBuilding or the Premises for a period of at least twelve (12) months. Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or from policies of such required insurance or certificates thereof with Landlord prior to the Leased Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Tenant's use Term of this Lease and occupancy thereof all other times during which Tenant shall occupy the Premises. Any insurance required of Tenant hereunder may be furnished by Tenant under a blanket policy carried by it, provided that such blanket policy shall contain an endorsement that names Landlord as an additional insured, specifically references the Premises, and guarantees a minimum limit available for the Premises equal to or greater than the insurance amounts required under this Article. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance200,000.00), for the full replacement cost in respect of fire and such other perilscombined single limit, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements personal injury and death and property damage, such insurance to provide that any proceeds recoverable for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of loss damage to Leasehold Improvements or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall be payable pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the Landlordterms of Section 35, but the Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to make available pay promptly upon Landlord’s demand, as additional rent the premiums for such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forceinsurance.

Appears in 1 contract

Samples: Lease Agreement (Tessco Technologies Inc)

Tenant’s Insurance. The Tenant shall take out obtain and keep in force maintain during the Term: (a) comprehensive term of this Lease commercial general public liability (including bodily injury, death insurance with a combined single limit for personal injury and property damage) insurance on damage in an occurrence basis with respect to the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof of amount not less than $2,000,000.00 per 2,000,000 each occurrence which and $5,000,000 general aggregate, and employer’s liability and workers’ compensation insurance as required by law. Tenant’s commercial general liability insurance policy shall (i) include coverage for premises and operations liability, products and completed operations liability, broad form property damage, blanket contractual liability; (ii) provide that the insurer has the duty to defend all insureds, and (iii) provide that defense costs do not deplete policy limits. Such insurance shall include also be endorsed to provide that (1) it may not be canceled or altered in such a manner as adversely to affect the coverage afforded thereby without thirty (30) days’ prior written notice to Landlord, (2) Landlord and other entities designated by Landlord are named as a named insured and shall protect additional insureds, (3) the Landlord in respect insurer acknowledges acceptance of the mutual waiver of claims by the Landlord and Tenant as if the Landlord were separately insured; pursuant to paragraph (b) below, and (4) such insurance is primary with respect to Landlord and that any other insurance maintained by Landlord is excess and noncontributing with such insurance. If, in the opinion of Landlord’s insurance adviser, based on an increase in recovered liability claims generally or in amounts of insurance which tenants in similar premises are then being required to maintain, the specified amounts of coverage are no longer adequate, within thirty (30) days following Landlord’s request, such coverage shall be appropriately increased. Tenant shall also obtain and maintain insurance (“Personal Property Insurance”) covering leasehold improvements paid for the full replacement cost in respect of fire by Tenant and such other perils, including sprinkler leakage as are Tenant’s personal property and fixtures from time to time defined in, on, or at the Premises, in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment an amount not less than one hundred percent (100%) of the Tenantfull replacement cost, without deduction for depreciation, providing protection against events protected under “All Risk Coverage,” as well as against sprinkler damage, vandalism, and which insurance shall include malicious mischief. Any proceeds from the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements Personal Property Insurance shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward used for the repair or replacement of the Leasehold Improvements if property damaged or destroyed, unless this Lease is terminated under an applicable provision herein. If the Premises are not terminated pursuant repaired or restored following damage or destruction in accordance with other provisions of this Lease, Tenant shall assign or pay to Landlord and Landlord shall receive any other provision hereof; and (c) tenant's fire legal liability proceeds from the Personal Property Insurance allocable to Tenant’s leasehold improvements. Tenant shall obtain and maintain business interruption insurance in an amount not less than the replacement cost greater of $2,000,000 or an amount adequate to provide for payment of Base Rent and other amounts due Landlord under this Lease during a one year interruption of Tenant’s business by fire or other casualty. Prior to the commencement of the Leased term, Tenant shall deliver to Landlord copies of such policies or, at Landlord’s option, certificates thereof with endorsements, and at least thirty (30) days prior to the expiration of such policy or any renewal thereof, Tenant shall deliver to Landlord replacement or renewal binders, followed by copies of such policies or, at Landlord’s option, certificates within a reasonable time thereafter. If Tenant fails to obtain such insurance or to furnish Landlord any such duplicate policies or certificates as herein required, Landlord may, at its election, upon notice to Tenant but without any obligation so to do, procure and maintain such coverage and Tenant shall reimburse Landlord on demand as additional rent for any premium so paid by Landlord. Tenant shall have the right to provide all insurance coverage required herein to be provided by Tenant pursuant to blanket policies so long as such coverage is expressly afforded by such policies for the location which is the Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms written by carriers which are admitted in California and with insurers to which the Landlord has no reasonable objectionhave a rating by A.M. Best Insurance Service, shall provide that such insurers shall provide to the Landlord 30 days prior written notice or its successor, of cancellation at least “A/VIII” or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forceequivalent.

Appears in 1 contract

Samples: Industrial Gross Lease (Celera CORP)

Tenant’s Insurance. The Tenant shall take out and keep in force during the Term: at its own expense, so long as this Lease remains in effect, (a) comprehensive general public liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than One Million Dollars (including bodily injury$1,000,000), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) insurance all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant's personal property in the Premises and all improvements and installed in the Premises by or on an occurrence basis with respect behalf of Tenant whether pursuant to the business carried onterms of Section 34, Section 9, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen's compensation or similar insurance offering statutory coverage and containing statutory limits, and (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord. Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or from in excess of, any coverage which Landlord shall carry. Tenant shall deposit the Leased policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional named insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) day's written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the TenantTerm of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor's use liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and occupancy thereof contractor's protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance200,000.00), for the full replacement cost in respect of fire and such other perilscombined single limit, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements personal injury and death and property damage, such insurance to provide that any proceeds recoverable for no deductible, and (ii) workmen's compensation insurance or similar insurance in form and amounts as required by law. In the event of loss damage to Leasehold Improvements or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 17 herein, Tenant agrees that it shall be payable pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the Landlordterms of Section 34, but the Section 9, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to make available pay promptly upon Landlord's demand, as additional rent the premiums for such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forceinsurance.

Appears in 1 contract

Samples: Lease Agreement (Corporate Office Properties Trust)

Tenant’s Insurance. The Tenant shall take out and keep in force during the Term: (a) Tenant shall carry the comprehensive general public liability (including bodily injury, death insurance required by Section 5.02 hereof and property damage) shall also carry fire and extended coverage insurance on an occurrence basis with respect Tenant’s Personal Property in the Leased Premises in the amount of their full replacement cost (subject only to the business carried ona reasonable deductible and co-insurance factor). In addition, in or from Tenant shall maintain workers’ compensation insurance and all such other insurance relating to Tenant’s use and occupancy of the Leased Premises and the Building as may be required by applicable law. All such policies required to be carried by Tenant hereunder and all evidence of insurance provided to Landlord shall be issued by responsible, financially sound companies qualified to do business and in good standing in the Commonwealth of Massachusetts and shall contain an endorsement showing that Landlord, its managing agent, and each holder of a Mortgage (disclosed in writing to Tenant's use ) is included as an additional insured (except as to workers compensation insurance), as its interests may appear and occupancy thereof an endorsement whereby the insurer agrees not to cancel or alter the policy without at least thirty (30) days prior written notice to Landlord, to the holder of such Mortgage and all other named insureds. Tenant shall, on or prior to occupying any portion of the Leased Premises, deposit with Landlord certificates of such insurance, and thereafter, on or prior to fifteen (15) days before the expiration date of any coverage thereunder, shall deposit with Landlord certificates evidencing the renewal of such policies. Any such insurance may be maintained by Tenant under a blanket policy or policies; provided, however, that the minimum amount of the total insurance afforded by such blanket policy which shall be allocable to the Leased Premises and any sublimits of such policy allocable to the Leased Premises, shall be in amounts which shall not be less than the amounts of the insurance required hereunder, and the protection afforded to Landlord and each holder of a Mortgage under such policy shall be not less than $2,000,000.00 per occurrence that which would have been afforded under a separate policy or policies relating only to the Leased Premises, and the certificate evidencing such insurance shall include contain provisions confirming the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured;foregoing. (b) insurance, for In the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time event that Tenant fails to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment timely furnish Landlord evidence of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained provided by the Tenant hereunder pursuant to Subsection (a) above, and such failure shall continue for five (5) Business Days after notice thereof from Landlord, Landlord shall be on terms and authorized (but not required) to procure such coverage in the amounts stated with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required all costs thereof to be effected chargeable to Tenant as Additional Rent, and payable by the Tenant and its renewal or continuation in forceupon receipt of written invoice therefor.

Appears in 1 contract

Samples: Lease (Houghton Mifflin Co)

Tenant’s Insurance. The During the term of this lease, Tenant shall take out provide and keep in force during for the Term: (a) comprehensive benefit of Landlord and of Tenant, as their respective interests may appear, general public liability (including bodily injury, policy in standard form protecting Landlord against any and all liability occasioned by accident or disaster resulting in injury or loss to property or injury or death and property damage) insurance on an occurrence basis with respect to persons arising out of the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof of not less than the Premises. Such policy shall be written by a good and solvent insurance company in the minimum amount of $2,000,000.00 500,000 per occurrence occurrence. Tenant must provide evidence of insurance naming Landlord as additional insured via a certificate or copy of the policy, which insurance shall must include the insurer's agreement to provide Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord at least 30 days prior written notice of cancellation or material alteration of expiration. If Tenant carries a blanket liability policy or policies protecting against accident or disaster at various locations, delivery by Tenant to Landlord or a certificate issued by the insurance company writing such terms policy stating that the Landlord is protected thereunder to the extent hereinabove specified shall be deemed compliance by Tenant with the foregoing requirements; however, the above mentioned 30 day notice provision must be complied with. Landlord shall carry similar insurance and shall waive any right maintain "all-risk" property insurance upon the furniture and telephone equipment described in Paragraph 19 hereof. Each of subrogation against the Landlord's and Tenant's insurance policies shall provide for waiver of subrogation. The Landlord may require the Tenant to furnish certificates or other evidence acceptable Anything to the contrary contained herein notwithstanding, each of Landlord as to and Tenant hereby waive and release the other from and against any and all claims, causes in action and/or expense for which such person is or would be insured by insurance from time to time policies maintained or required to be effected maintained hereby (or otherwise maintained by such person). In addition, Tenant shall have no liability to Overlandlord or to Landlord for any matter which is 5 customarily insured or insurable under policies of insurance comparable to those typically carried by large commercial owners of properties similar to the Property. Tenant and its renewal shall be responsible for any increase or continuation continued increase in forceLandlord's insurance premiums resulting from any action and/or expense due to Tenant's negligence.

Appears in 1 contract

Samples: Sublease (Mason George Bankshares Inc)

Tenant’s Insurance. The Tenant shall take out and keep in force during the Term: (a) comprehensive commercial general public liability (including bodily injury, death and property damage) insurance on an occurrence basis with respect to the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof of not less than $2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide deliver to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in force.

Appears in 1 contract

Samples: Lease Agreement (Current Technology Corp)

Tenant’s Insurance. The Tenant shall will take out and keep in force during the Term: (a) comprehensive commercial general public liability (including bodily injury, death death, and property damage) insurance on an occurrence basis with respect to the business carried on, in in, or from the Leased Premises and the Tenant's ’s use and occupancy thereof of them, of not less than $2,000,000.00 per occurrence [redacted]per occurrence, which insurance shall will include the Landlord as a named an additional insured and shall will protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured;; and (b) insuranceall risks property insurance upon all property in the Premises owned or leased by the Tenant or for which the Tenant is legally liable including but not limited to its furniture, for fixtures, and all Tenant Improvements, and insurance upon all glass and plate glass in the Premises, against breakage and damage from any cause, all in an amount equal to the full replacement cost in respect of fire and such other perilsvalue thereof, including sprinkler leakage as are from time to time defined which amount in the usual extended coverage endorsement covering event of a dispute shall be determined by the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment decision of the TenantLandlord, and which insurance shall will include the Landlord as a named insured Loss Payee as the Landlord's ’s interest may appear with respect to insured the Leasehold Improvements and provide provided that any proceeds recoverable in the event of loss to Leasehold Improvements shall will be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Tenant Improvements if this Lease is not terminated pursuant to under any other provision hereofof it; and (c) tenant's ’s fire legal liability insurance in an amount not less than the replacement cost actual cash value of the Leased Premises. L a n d l o r d I n i t i a l s _ _ _ _ _ _ _ 115526615:v9 All insurance required to be maintained by the Tenant hereunder shall under this Lease will be on terms and with insurers to which the Landlord has no reasonable objection, shall objection and will provide that such insurers shall will provide to the Landlord 30 days days’ prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlordterms. The Tenant will furnish to the Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in force, either by means of a certified copy of the policy or policies of insurance with all amendments and endorsements or a certificate from the Tenant’s insurer that, in the case of comprehensive general liability insurance, will provide such information as the Landlord R e v i s e d M a y 1 , 2 0 1 5 P a g e | 2 4 T e n a n t I n i t i a l s _ _ _ _ _ _ _ reasonably requires.. If the Tenant fails to take out, renew, and keep in force such insurance the Landlord may do so as the agent of the Tenant and the Tenant will repay to the Landlord any amounts paid by the Landlord as premiums promptly upon demand.

Appears in 1 contract

Samples: Lease Agreement (Aurinia Pharmaceuticals Inc.)

Tenant’s Insurance. The Tenant shall take out and keep in force At all times during the Term: (a) comprehensive general public liability (including bodily injuryterm hereof, death Tenant ------------------ shall maintain in full force and property damage) insurance on an occurrence basis effect with respect to the business carried on, in or from the Leased Demised Premises and the Tenant's use thereof, comprehensive public liability insurance, naming Landlord and occupancy thereof of not less than Landlord's agent as an additional insured, covering injury to persons in amounts at least equal to $2,000,000.00 per occurrence which insurance person and $2,000,000.00 per accident, and damage to property of at least $500,000.00. Each such policy shall include the provide that it shall not be cancelable without at least thirty (30) days prior written notice to Landlord as a and to any mortgagee named insured in an endorsement thereto and shall protect be issued by an insurer and in a form reasonably satisfactory to Landlord. Tenant shall lodge with Landlord duplicate originals or certificates of such insurance, in a form reasonably acceptable to Landlord, at or prior to the commencement date of the term hereof, together with evidence of paid-up premiums, and shall lodge with Landlord renewals thereof at least fifteen (15) days prior to expiration. In addition to the foregoing, Tenant shall also be responsible, at Tenant's own cost, to keep and maintain (i) insurance in respect of claims by and covering Tenant's own furniture, furnishings, equipment and other personal property, all insured for the replacement cost thereof, against all risks and hazards, including but not limited to sprinkler and leakage damage, and theft, and (ii) workers' compensation insurance with respect to and covering all employees of Tenant. Tenant as if the Landlord were separately insured; (b) shall also carry, at Tenant's own cost and expense, such other insurance, in amounts and for the full replacement cost in respect of fire coverages and on such other perils, including sprinkler leakage terms as are Landlord may from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements deem commercially reasonable and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which appropriate provided such additional insurance shall include the Landlord as a named insured as the is required by Landlord's interest may appear with respect mortgagee. Except to insured Leasehold Improvements and provide that any proceeds recoverable in the event extent caused by the gross negligence or intentional misconduct of Landlord, Tenant assumes all risk of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair of any or replacement all of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forcepersonal property.

Appears in 1 contract

Samples: Office Lease (Styrochem International LTD)

Tenant’s Insurance. The A. Tenant shall take out carry and keep in full force and effect from and after the Commencement Date and at all times during the Term:Lease Term broad-form commercial liability insurance with limits of at least One Million Dollars ($1,000,000.00) for each occurrence. (a) comprehensive general public liability B. Tenant shall carry an all-risk insurance policy covering all of Tenant’s property located in the Premises (including bodily injury, death and property damagewithout limitation Tenant’s Personal Property) insurance on an occurrence basis with respect to the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof of not less than $2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the full insurable value and replacement cost of the Leased Premisesthereof without reduction for depreciation. All proceeds of such insurance required to be maintained by the Tenant hereunder shall be on terms used solely to restore, repair or replace Tenant’s property located in the Premises (including without limitation Tenant’s Personal Property). C. Tenant shall obtain such additional amounts of insurance and additional types of coverage as Landlord may reasonably request from time to time. D. All commercial general liability and property damage insurance policies and any other insurance policies carried by Tenant shall (i) be issued by insurance companies authorized to do business in the State of Alabama, with insurers a then current Axxxxx X. Best Company, Inc. (or if it no longer exists, a comparable rating service) general policy holder’s rating of “A” or better and financial size category of Class XII or higher and otherwise reasonably satisfactory to which the Landlord; (ii) designate, as additional named insureds, Landlord, Landlord’s managing agent, Landlord’s mortgagee(s) and any other parties designated by Landlord; (iii) be written as a primary policy coverage and not contributing with or in excess of any coverage that Landlord has no reasonable objection, shall may carry; (iv) provide that such insurers shall provide to the Landlord 30 days for thirty (30) days’ prior written notice to Landlord of any cancellation or material alteration other expiration of such terms policy; and (v) contain contractual liability coverage insuring the performance by Tenant of the indemnity provisions of this Lease. In addition, all property damage insurance policies shall waive either permit or contain an express waiver of any right of to recovery (by subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to otherwise) by the insurance from time company against Landlord and Landlord’s mortgagees. Tenant shall deliver to time Landlord either a copy of each such policy of insurance or a certificate evidencing the coverages required hereunder prior to occupancy. Renewal certificates shall be effected provided by Tenant on an annual basis. Neither the Tenant and its renewal issuance of any insurance policy required hereunder nor the minimum limits specified herein with respect to Tenant’s insurance coverage shall be deemed to limit or continuation restrict in forceany way Tenant’s liability under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Eurand N.V.)

Tenant’s Insurance. The Tenant shall take out agrees to maintain in full force and keep in force effect at all times during the Term, at its sole cost and expense, for the protection of Tenant and Landlord, as their interests may appear, policies of insurance issued by a responsible carrier or carriers acceptable to Landlord which afford the following coverages: (ai) comprehensive Commercial general public liability (including bodily injury, death and property damage) insurance on an occurrence basis with respect to the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof of not less than $2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than Three Million and no/100ths Dollars ($3,000,000.00) combined single limit for both bodily injury and property damage which includes blanket contractual liability broad form property damage, personal injury, completed operations, and products liability, which policy shall name Landlord and Landlord's Agents as additional insureds and shall contain a provision that "the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant provided Landlord hereunder shall be primary and non-contributing with any other insurance available to Landlord with respect to any damage, loss, liability or expense covered by Tenant's indemnity obligations under Paragraph 21.A. (i) of the Lease." (ii) Causes of loss-special form property insurance (including, without limitation, vandalism, malicious mischief, inflation endorsement, and sprinkler leakage endorsement) on terms and with insurers to which Tenant's Personal Property located on or in the Landlord has no reasonable objectionPremises. Such insurance shall be in the full amount of the 46 replacement cost, shall provide that such insurers shall provide to as the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord same may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required increase as a result of inflation or otherwise. As long as this Lease is in effect, the proceeds of such policy shall be used for the repair and replacement of such items so insured. Landlord shall have no interest in the insurance proceeds on Tenant's Personal Property. Notwithstanding the foregoing, Tenant shall have the right, at its election, to be effected by the Tenant self-insure with respect to any loss or damage to Tenant's Personal Property. (iii) Boiler and its renewal or continuation machinery insurance, including steam pipes, pressure pipes, condensation return pipes and other pressure vessels and HVAC equipment, including miscellaneous electrical apparatus, in forcean amount satisfactory to Landlord.

Appears in 1 contract

Samples: Lease Agreement (Excite Inc)

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Tenant’s Insurance. The Tenant shall, at its sole cost and expense, obtain and maintain throughout the term of this Lease, on full replacement cost basis, “all risk” insurance covering all of Tenant’s Inventory, furniture, furnishings, fixtures, equipment and all tenant improvements or tenant finish (whether or not installed by Landlord) and betterments located on or within the Leased Premises. In addition, Tenant shall take out obtain and keep in force during the Term: (a) comprehensive maintain, at its sole cost and expense, comprehensive, general public liability (including bodily injury, death insurance providing coverage from and against any comprehensive injury and property damage) insurance . Such liability coverage shall be written on an occurrence basis "occurrence" basis, with respect to the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof limits of not less than $2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises1,000,000.00 combined single limit coverage. All policies of insurance required to be maintained carried by the Tenant hereunder shall be on terms written by an insurance company licensed to do business in the State of Colorado, and with insurers to which the shall name Landlord has no reasonable objectionas an additional named insured and/or less payee, as Landlord may direct. Each such policy shall provide that such insurers same shall provide to the Landlord 30 days not be changed or modified without at least thirty (30) days’ prior written notice to Landlord and any mortgages of cancellation or material alteration Landlord. Certificates evidencing the extent and effectiveness of such terms and all Tenant’s insurance shall waive any right of subrogation against the be delivered to Landlord. The limits of such insurance shall not, under any circumstances, limit the liability of Tenant under this Lease. In the event that Tenant fails to maintain any of the insurance required of it pursuant to this provision, Landlord shall have the right (but not the obligation) at Landlord’s election, to pay Tenant’s premiums or to arrange substitute insurance with an insurance company of Landlord’s choosing, in which event any premiums advanced by Landlord shall constitute additional rent payable under this Lease and shall be payable by Tenant to Landlord immediately upon demand for same. Landlord shall also have the right, but no the obligation, whether or not Tenant maintains coverage to carry any such insurance as Landlord may require elect in order to provide coverage in the event Tenant fails to furnish certificates properly maintain such insurance. The right of Landlord here under shall be in addition to, and not in lieu of, of any other rights or other evidence acceptable remedies available to Landlord under this Lease of provided by law or in equity. Without limiting the foregoing, in the event that coverage of any risk for which Tenant is responsible pursuant to this Section 12 is ultimately provided by coverage maintained by Landlord, whether due to Tenant’s failure to provided or maintain such insurance or otherwise, Tenant shall promptly reimburse Landlord as for an amount equal to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forceany deductible incurred, immediately upon demand for same.

Appears in 1 contract

Samples: Assignment and Assumption of Lease (Lsi Logic Corp)

Tenant’s Insurance. Tenant agrees, at its sole cost, to insure its personal property, trade fixtures, Specialized Tenant Improvements and other Alterations not required to be insured by Landlord against damage for their full replacement value (without depreciation). Said insurance shall provide All Risk coverage (or its equivalent or industry replacement) equal to the replacement cost of said property. The property insurance provided by Tenant as required by this paragraph shall be carried in favor of Landlord and Tenant as their respective interests may appear and shall provide that any loss to Alterations shall be adjusted with and be payable to both Landlord and Tenant. Tenant shall take out deliver a copy of the policy and keep in force during renewal certificate to Landlord. Tenant agrees, at its sole cost, to obtain and maintain throughout the Term: (a) comprehensive general public liability (including bodily injury, death and property damage) Lease Term Commercial General Liability insurance on an occurrence basis for occurrences within the Project with respect to the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof a combined single limit of not less than Five Million Dollars ($2,000,000.00 per occurrence which 5,000,000.00), worker’s compensation insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenantcompliance with statutory requirements, and which insurance shall include the Landlord as Employer’s Liability with a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event limit of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than Five Million Dollars ($5,000,000.00). Tenant may meet the replacement cost Commercial General Liability and Employer’s Liability insurance requirements described in the prior sentence with an excess liability insurance policy, so long as the full amount of coverage required above is provided. Tenant’s liability insurance shall be primary insurance containing a cross-liability endorsement, and shall provide coverage on an “occurrence” rather than on a “claims made” basis. All such insurance shall provide for severability of interests; shall provide that an act or omission of one of the Leased Premisesnamed or additional insureds shall not reduce or avoid coverage to the other named or additional insureds. All Tenant shall include Landlord, Landlord’s affiliates and property manager and Landlord’s lenders as additional insureds on Tenant’s liability policies and shall name Landlord and Landlord’s lenders as loss payees on its property insurance covering Alterations, and shall deliver a copy of the policies and renewal certificates to Landlord evidencing the required coverage before entry onto the Premises to commence any Tenant Improvement work or to operate its business in the Premises and before expiration of any such policies. Tenant shall provide a waiver of subrogation in favor of Landlord, Landlord’s affiliates and property manager for worker’s compensation and employer’s liability. Tenant shall deliver to Landlord a copy of the certificates of such insurance evidencing the coverage required of Tenant prior to the earlier of the first Commencement Date or first entry to ready any portion of the Premises for Tenant’s occupancy, and within five (5) days after renewal of such policies, but in no event later than five (5) days after the scheduled expiration of such policies. If any policy required of Tenant is cancelled, terminated or reduced in coverage, Tenant shall notify Landlord of such changes not later than five (5) business days after Tenant becomes aware of such change. Notwithstanding the above, Landlord retains the right to have Tenant provide other forms of insurance which may be reasonably required to cover future risks. In no event shall the types or limits of any insurance policies maintained or required to be maintained under this Lease by the Tenant hereunder shall be on terms or its contractors limit Tenant’s liability under this Lease, including without limitation Tenant’s indemnification, defense and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forcehold harmless obligations.

Appears in 1 contract

Samples: Lease Agreement (ServiceNow, Inc.)

Tenant’s Insurance. The Tenant shall take out obtain at its own expense and keep in full force and effect during the Term: , a policy of commercial general liability insurance (aincluding, without limitation, insurance covering Tenant's contractual liability under this Lease), under which Tenant is named as the insured, and Landlord, Landlord's managing agent, the present and any future mortgagee of the Real Property or the Building and/or such other designees specified by Landlord from time to time, are named as additional insureds. Such policy shall contain (i) comprehensive general public 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 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 except for Landlord's deliberate negligence. 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 (including bodily injury, death and property damage) insurance on an occurrence basis shall be a combined single limit with respect to the business carried on, each occurrence in or from the Leased Premises and the Tenant's use and occupancy thereof an amount of not less than $2,000,000.00 per occurrence 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 insurance 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 as with a named insured and complete copy of any such policy upon written request of Landlord. Tenant shall protect have no right to obtain any of the insurance required hereunder pursuant to a blanket policy covering other properties unless the blanket policy contains an endorsement that names Landlord, Landlord's managing agent and/or designees specified by Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in time, as additional insureds, references the usual extended coverage endorsement covering Premises, and guarantees a minimum limit available for the Leasehold Improvements 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 Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance coverage evidenced thereby shall include the Landlord as a named insured as the Landlord's interest may appear be primary with respect to insured Leasehold Improvements any policies carried by Landlord, and provide that any proceeds recoverable in the event of loss to Leasehold Improvements coverage carried by Landlord shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement excess insurance. The limits of the Leasehold Improvements if insurance required under this Lease is subsection shall not terminated pursuant to any other provision hereof; and (c) tenant's fire legal limit the liability insurance in an amount not less than the replacement cost of the Leased PremisesTenant under this Lease. All insurance required to be maintained carried by Tenant pursuant to the Tenant hereunder terms of this Lease shall be on terms effected under valid and enforceable policies issued by reputable and independent insurers permitted to do business in the State of New York, and rated in Best's Insurance Guide, or any successor thereto (or if there be none, an organization having a national reputation) as having a general policyholder rating of "A" and a financial rating of at least "13". In the event that Tenant fails to continuously maintain insurance as required by this subsection, Landlord may, at its option and without relieving Tenant of any obligation hereunder, order such insurance and pay for the same at the expense of Tenant. In such event, Tenant shall repay the amount expended by Landlord, with insurers to which the Landlord has no reasonable objectioninterest thereon, shall provide that such insurers shall provide to the Landlord 30 days prior immediately upon Landlord's written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forcedemand therefor.

Appears in 1 contract

Samples: Lease Agreement (Thrupoint Inc)

Tenant’s Insurance. The Tenant shall take out shall, during the entire Term of this Lease, at its sole cost and expense, obtain, maintain, and keep in full force during and effect the Termfollowing types of insurance: (a) comprehensive general public liability (Fire and extended coverage insurance, including bodily injuryendorsements for vandalism, death malicious mischief, theft, sprinkler leakage, covering all of Tenant 's property, including, but not limited to, furniture, fittings, installations, alterations, additions, partitions, fixtures, and property damage) insurance on anything in the nature of an occurrence basis with respect added leasehold improvement in an amount equal to the business carried onfull replacement cost of such property without deduction for depreciation. In the event that there shall be a dispute as to the amount which comprises full replacement cost, in or from the Leased Premises and the Tenant's use and occupancy thereof decision of not less than $2,000,000.00 per occurrence which insurance Landlord shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insuredbe conclusive; (b) Public liability insurance, for including bodily injury and property damage, personal injury, contractual liability with respect to all claims, demands, or actions by any person, firm, corporation, in any way arising from, related to, or connected with the full replacement cost conduct and operation of Tenant's business in respect the Premises or tenant's use of fire the Premises. Such policies shall be written on a comprehensive basis, with limits not less than $2,000,000 and such other perils, including sprinkler leakage higher limits as are Landlord or the mortgagees of Landlord may require from time to time. All policies shall be taken out with insurers acceptable to Landlord and in a form satisfactory from time to time defined in to Land lord which consent shall not be unreasonably withheld. Tenant agrees that certificates of insurance or, if required by Landlord or the usual extended coverage endorsement covering mortgagees of Landlord, certified copies of each such insurance policy will be delivered to Landlord as soon as practicable after the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment placing of the Tenantrequired insurance, and which insurance but in no event later than ten ( I0) days after Tenant takes possession of all or any part of the Premises. All policies shall include require that at least ten (I0) days' prior written notice be delivered to Landlord by the Landlord as a named insured as the Landlord's interest may appear with respect insurer prior to insured Leasehold Improvements and provide termination, cancellation, or material change in such insurance. Tenant agrees that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable damage or destruction to the Landlord, but leasehold improvements in the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All Premises covered by insurance required to be maintained taken out by Tenant pursuant to this Section, Tenant shall use the Tenant hereunder shall be on terms and with insurers to which proceeds of such insurance for the purpose of repairing or restoring such leasehold improvements. In the event of dan1age or destruction of the Building entitling the Landlord has no reasonable objectionto terminate this Lease pursuant to Section 18 hereof, shall provide that such insurers shall provide then, if the Premises have also been damaged, Tenant will pay to Landlord all of its insurance proceeds relating to the Landlord 30 days prior written notice leasehold improvements in the Leased Premises, and if the Premises have not been damaged, Tenant will deliver to Landlord, in accordance with the provisions of cancellation or material alteration of such terms this Lease, the leasehold improvements and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forcePremises.

Appears in 1 contract

Samples: Standard Building Lease (Bourbon Brothers Holding Corp)

Tenant’s Insurance. The Tenant shall take out and keep in force maintain during the Term: Term (ai) all risks insurance upon property owned by the Tenant or for which it is liable (including glass) and which is located on the Premises including, without limitation, furniture, fitting, installations, alterations, additions, partitions and fixtures or anything in the nature of a leasehold improvement made or installed by or on behalf of the Tenant in an amount equal to the full replacement cost thereof; (ii) comprehensive general public liability (including bodily injuryinsurance against claims for death, death personal injury and property damage) insurance on an occurrence basis with respect damage in or about the Premises in amounts satisfactory from time to time to the business carried on, Landlord acting reasonably but in or from the Leased Premises and the Tenant's use and occupancy thereof of any event in an amount not less than $2,000,000.00 per occurrence which for personal injury and property damage; (iii) tenant's legal liability insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are limits satisfactory from time to time defined to the Landlord acting reasonably; (iv) Business interruption insurance; and (v) such other insurance as Landlord may from time to time require. Each such policy shall be in form and with insurers acceptable to the usual extended coverage endorsement covering Landlord. The insurance described in parts (1) and (ii) shall name the Leasehold Improvements Landlord and anyone designated in writing by the Landlord as Mortgagee as additional insureds as their interests may appear. All property damage and public liability insurance shall contain a provision for cross-liability or severability of interest as between the Landlord and the Tenant's trade fixtures . The Tenant hereby releases the Landlord from any liability for loss to the extent of all insurance proceeds paid under policies of insurance carried by the Tenant or which would have been paid if the Tenant had maintained the insurance it is required to maintain under this Lease. Such policies shall contain an endorsement requiring the insurers under such policies to notify the Landlord in writing at least thirty (30) days prior to any material change or cancellation thereof. The Tenant shall furnish to the Landlord certified copies of all such policies for its acceptance, as aforesaid, and the furniture and equipment shall provide written evidence of the continuation of such policies not less than ten days prior to their respective expiry dates. The cost or premium for each and every such policy shall be paid by the Tenant. If the Tenant fails to maintain such insurance, the Landlord shall have the right, but not the obligation of any liability to do so, to pay the cost or premium therefor, and which insurance in such event the Tenant shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable repay to the Landlord, but as Additional Rent, forthwith on demand the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forceso paid.

Appears in 1 contract

Samples: Lease Agreement (Dura Products International Inc)

Tenant’s Insurance. The Tenant Tenant, at its expense, shall take out and keep maintain in force during the Term: (a) comprehensive commercial general public liability (including insurance, which shall include coverage for personal liability, contractual liability, tenant’s legal liability, bodily injury, death and property damage) insurance , all on an occurrence basis with respect to the business carried on, on in or from the Leased Premises and the Tenant's ’s use and occupancy thereof of the Premises, with coverage for any one occurrence or claim of not less than $2,000,000.00 per occurrence which insurance shall include 2,000,000 or such other amount being required at the time by Landlord from comparably-sized tenants of the Building as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured;may reasonably require upon not less than six (6) months’ prior written notice; and (b) insurance, for the full replacement cost in respect of fire and insurance against such other perils, including sprinkler leakage perils and in such amounts as are Landlord may from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount reasonably require upon not less than ninety (90) days’ prior written notice, such requirement to be made on the replacement cost basis that the required insurance is customary at the time for prudent tenants of properties similar to the Leased PremisesBuilding in the Chicago, Illinois area. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers reasonably acceptable to Landlord. Each policy of liability insurance shall include Landlord, the Manager and its affiliates and others Landlord may from time to time designate as additional insureds. Each policy of property insurance shall contain a waiver by the insurer of any rights of subrogation or indemnity or any other claim to which the insurer might otherwise be entitled against Landlord, the Manager or its affiliates or their respective agents or employees. Each policy of insurance shall contain an undertaking by the insurer that no material change adverse to Landlord has no reasonable objectionor Tenant will be made, shall provide that such insurers shall provide to and the Landlord 30 days policy will not lapse or be cancelled, except after not less than thirty (30) days’ prior written notice to Landlord of cancellation the intended change, lapse or material alteration of such terms cancellation. Tenant shall furnish to Landlord, if and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish whenever requested by it, certificates or other evidence evidences acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in force.

Appears in 1 contract

Samples: Office Lease (Verticalnet Inc)

Tenant’s Insurance. The Tenant shall take out procure and keep in force maintain policies of insurance, at its sole cost and expense, during the Term: (a) comprehensive general public liability (including bodily injury, death entire Term hereof with terms and property damage) insurance on an occurrence basis coverages and companies reasonably satisfactory to Landlord and with respect to the business carried on, such increases in or from the Leased Premises and the Tenant's use and occupancy thereof of not less than $2,000,000.00 per occurrence which insurance shall include the limits as Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are may from time to time defined in reasonably request, including all insurance required under any Mortgage and/or the usual extended Hotel Management Agreement, the Master Leases, the Condominium Documents or the Subleases. Alternatively, Landlord may cause such policies to be procured and maintained, and Tenant shall reimburse Landlord for the cost thereof, upon demand. If Landlord provides policies of insurance, such policies shall be all risk coverage endorsement covering exclusive of footings and foundation. All policies of insurance required hereunder which insure against loss or damage to the Leasehold Improvements Premises shall provide that the proceeds thereof (or so much of such proceeds as pertain to loss or damage to the Premises) shall be payable to Landlord, and the Tenant's trade fixtures and the furniture and equipment if Landlord so requests, shall also be payable to any contract purchaser of the TenantPremises and any holder of a Mortgage, and which insurance shall include as the Landlord as interest of such purchaser or holder of a Mortgage appears pursuant to a standard named insured as the Landlord's interest may appear with respect or mortgagee clause. Tenant shall not, on Tenant’s own initiative or pursuant to insured Leasehold Improvements and provide that request or requirement of any proceeds recoverable third party, take out separate insurance concurrent in form or contributing in the event of loss with that required hereunder, unless Landlord is included therein as a named insured with loss payable as in this Section provided Tenant shall immediately notify Landlord whenever any such separate insurance is taken out and shall deliver to Leasehold Improvements Landlord duplicate originals thereof or original certificates evidencing the same with true copies of such insurance policies attached. All such policies of insurance shall provide that any loss shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair notwithstanding any act or replacement omission of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance Tenant which might otherwise result in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation a forfeiture or material alteration reduction of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forceinsurance.

Appears in 1 contract

Samples: Lease (Morgans Hotel Group Co.)

Tenant’s Insurance. The Tenant shall take out and keep in force during the Term: (a) comprehensive general public liability (including bodily injuryTenant shall secure and maintain, death and at Tenant's expense, "all risk" property damage) insurance on an occurrence basis with respect all of Tenant's fixtures and personal property in the Demised Premises and, except to the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof of not less than $2,000,000.00 per occurrence which insurance shall include extent the Landlord as a named insured and shall protect is required to cover the Landlord in respect of claims initial tenant improvements, on any improvements or alterations, additions or improvements made by Tenant, upon the Tenant as if the Landlord were separately insured; (b) insurance, Demised Premises all for the full replacement cost thereof. Tenant shall use the proceeds from such insurance in respect of fire and such other perils, including sprinkler leakage manner as are from time it reasonably determines is necessary to time defined restore its operation in the usual extended coverage endorsement covering Demised Premises. Tenant shall provide Landlord with certificates of all such insurance. The property insurance certificate shall confirm that the Leasehold Improvements and waiver of subrogation required to be obtained pursuant to Section 14.8 is permitted by the Tenant's trade fixtures and the furniture and equipment of the Tenantinsurer. Tenant shall, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable at least fifteen (15) days prior to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement expiration of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost policy of the Leased Premises. All insurance required to be maintained by the Tenant under this Lease, furnish Landlord with an "insurance binder" or other satisfactory evidence of renewal thereof. (b) All policies required to be carried by Tenant or Landlord hereunder shall be issued by and binding upon an insurance company licensed to do business in the State of Colorado with a rating of at least A-:VIII, as set forth in the then most current issue of "Best's Insurance Reports." Neither Landlord nor Tenant shall do or permit anything to be done that would invalidate the insurance policies referred to in this Article XIV. Evidence of insurance provided to Landlord by Tenant shall include an endorsement showing that Landlord and its representatives are included as additional insureds on terms the Tenant's general liability insurance required to be maintained by Tenant under this Lease, and with insurers an endorsement whereby the insurer agrees not to which cancel, non- renew or reduce coverage of the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 policy without at least thirty (30) days prior written notice to Landlord and its representatives. (c) In the event that Tenant fails to provide evidence of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected provided by it hereunder, prior to commencement of the Term, and thereafter during the Term, within fifteen (15) days following receipt of the Landlord's written request therefor, and fifteen (15) days prior to the expiration date of any such coverage, the Landlord shall be authorized (but not required) to procure such coverage in the amounts stated with all costs thereof (plus a fifteen percent [15%] administrative fee) to be chargeable to the Tenant and payable upon written invoice therefor. Tenant agrees to provide the Landlord within fifteen (15) days after its renewal request in writing with a certificate evidencing the insurance required to be provided under this Lease. (d) The limits of insurance required by this Lease, or continuation in forceas carried by Landlord or Tenant, shall not limit the liability of the other nor relieve either of any obligation hereunder.

Appears in 1 contract

Samples: Lease Agreement (Ryder TRS Inc)

Tenant’s Insurance. The Tenant Tenant, at its own expense, shall take out and keep in force maintain during the Term: (a) Term of this Lease a policy or policies of worker's compensation and comprehensive general public liability (insurance, including bodily injury, death personal injury and property damage) insurance on an occurrence basis , with respect to the business carried oncontractual liability endorsement, in the amount of Two Million Dollars ($2,000,000.00) for property damage and Two Million Dollars ($2,000,000.00) per occurrence for personal injuries or from deaths of persons occurring in or about the Leased Premises and Premises. Tenant, at its own expense, also shall maintain during the Tenant's use and occupancy thereof Term of not less than $2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect of this Lease fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement insurance covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of all alterations, additions, partitions and improvements installed or placed on the Leased Premises by Tenant or by Landlord on behalf of Tenant, and all of Tenant's personal property contained within the Leased Premises. All Said policies shall (i) name Landlord as an additional insured and insure Landlord's contingent liability under this Lease (except for the worker's compensation policy, which instead shall include a waiver of subrogation endorsement in favor of Landlord), (ii) be issued by an insurance required company which is licensed to be maintained by do business in the Tenant hereunder shall be on terms State of Texas and with insurers to which the Landlord has no reasonable objectiona Best's rating of A/VII or better, shall and (iii) provide that such insurers said insurance shall provide to the Landlord 30 not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition, such insurance provided by Tenant shall provide that it shall provide primary coverage when any policy issued to Landlord is similar or duplicate in coverage, and Landlord's policy shall be excess over Tenant's policies. All insurance policies carried by Tenant hereunder shall expressly provide (by endorsement or otherwise) that Landlord's rights thereunder shall be assignable to Landlord's mortgagee who shall be shown as an additional insured thereon. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of cancellation the Term of the Lease and upon each renewal of said insurance. Notwithstanding the foregoing, Tenant may elect to self-insure the risk of damage to its personal property situated at the Leased Premises (but not the leasehold improvements in the Leased Premises or material alteration liability insurance) so long as (i) Tenant gives Landlord at least thirty (30) days' prior written notice thereof, and (ii) Tenant's net worth (determined in accordance with generally accepted accounting principles consistently applied) is $50,000,000 or greater during the period in which Tenant so elects to self-insure. Self-insurance by Tenant pursuant to the foregoing sentence shall be deemed to be insurance for the purpose of such terms and shall waive any right the mutual waiver of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forcecontained herein.

Appears in 1 contract

Samples: Lease Agreement (Ameritrade Holding Corp)

Tenant’s Insurance. The At all times during the term hereof, Tenant shall take out maintain in full force and keep in force during the Term: (a) comprehensive general public liability (including bodily injury, death and property damage) insurance on an occurrence basis effect with respect to the business carried on, in or from the Leased Demised Premises and the Tenant's use thereof, comprehensive public liability insurance, naming Landlord and occupancy thereof of not less than Landlord's agent (and such other parties as Landlord may request) as additional insureds, covering injury to persons in amounts at least equal to $2,000,000.00 per occurrence which insurance and $2,000,000.00 general aggregate. Each such policy shall include the provide that it shall not be cancelable without at least thirty (30) days prior written notice to Landlord as a and to any mortgagee named insured in an endorsement thereto and shall protect be issued by an insurer and in a form satisfactory to Landlord. Tenant shall lodge with Landlord duplicate originals or certificates of such insurance, in a form acceptable to Landlord, at or prior to the commencement date of the term hereof, together with evidence of paid-up premiums, and shall lodge with Landlord renewals thereof at least fifteen (15) days prior to expiration. In addition to the foregoing, Tenant shall also be responsible, at Tenant's own cost, to keep and maintain (i) insurance in respect of claims by and covering Tenant's own furniture, furnishings, equipment and other personal property, all insured for the replacement cost thereof, against all risks and hazards, including but not limited to sprinkler and leakage damage, and theft, and (ii) workers' compensation insurance at the appropriate statutory limits, with respect to and covering all employees of Tenant. Tenant as if the Landlord were separately insured; (b) shall also carry, at Tenant's own cost and expense, such other insurance, in amounts and for the full replacement cost in respect of fire coverages and on such other perils, including sprinkler leakage terms as are Landlord may from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements deem commercially reasonable and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event appropriate. Tenant assumes all risk of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair of any or replacement all of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forcepersonal property.

Appears in 1 contract

Samples: Office Lease (I Trax Com Inc)

Tenant’s Insurance. The Tenant shall, at its own cost, at all times during the term of this Lease and any extensions hereof, procure 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 take out also maintain workers' compensation and keep employers' liability insurance in force during the Term: (a) comprehensive minimum statutory amount Tenant shall also maintain commercial general public liability (including bodily injury, death and property damage) insurance on an occurrence basis basis, including 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 respect 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 earnings attributable to prevention of access to the Building or Premises as a result of such perils, and such other forms and amounts of insurance as Landlord or its mortgagee may reasonably require from time to time. All such insurance shall be procured from a responsible insurance company or companies authorized to do business carried onin the State where the Premises are located, in or from the Leased Premises and the Tenantwith general policyholder's use and occupancy thereof ratings of not less than $2,000,000.00 per occurrence which insurance shall include "A-" and a financial rating of not less than "VI" in the Landlord as a named insured most current available Best's Insurance Reports, and shall protect be otherwise reasonably satisfactory to Landlord. All such policies except Workers Compensation shall name Landlord and Landlord's property management agent as additional insureds, and shall provide that the same may 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 shall provide certificate(s) of such insurance to Landlord in respect prior to occupancy of claims by the Tenant as if Premises and commence- ment of the Landlord were separately insured; Lease term and at least thirty (b30) insurance, for days prior to the full replacement cost in respect of fire annual renewal date thereof and such other perils, including sprinkler leakage as are upon request from time to time defined and such certificate(s) shall disclose that such insurance names Landlord and Landlord's designated property management agent as an additional insured, in addition to the other requirements set forth herein. The limits of such insurance shall not, under any circumstances, limit the liability of Tenant hereunder. Should Tenant fail to procure such insurance within the time period hereinbefore specified, Landlord may, at its 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 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 have the same rights and remedies in enforcing the payment of such additional rent as in the usual extended coverage endorsement covering the Leasehold Improvements and the case of Tenant's trade fixtures and failure to pay the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forcerent herein reserved.

Appears in 1 contract

Samples: Commercial Lease Agreement (Hathaway Corp)

Tenant’s Insurance. The Tenant shall will take out and keep maintain, at its own cost and expense, commercial general liability insurance coverage in force during a minimum amount of $3,000,000.00 combined single limit, which commercial general liability policy shall include (i) coverage for bodily injury and death, property damage and products liability coverage; (ii) contractual liability coverage insuring the Term: obligations of Tenant under the terms of this Lease; and (aiii) comprehensive general public fire legal liability (including bodily injury, death and property damage) insurance on an occurrence basis coverage with respect to the business carried on, in or from the Leased Demised Premises and the building of which they are a part in the amount of at least $3,000,000.00. Such policy shall name Landlord (and any of its affiliates, subsidiaries, successors and assigns designated by Landlord) and Tenant as additional insureds. All such insurance required to be maintained by Tenant shall be with an insurance company satisfactory to Landlord, and Tenant shall provide Landlord with copies or certificates of all policies required herein, including an endorsement providing that such insurance shall not be canceled or not renewed except after fifteen (15) days notice in writing to Landlord. Should Tenant fail to furnish such policies as hereinabove provided, Landlord may obtain such insurance and the premiums for such insurance shall be deemed additional rent paid by Tenant to Landlord on demand. To the extent that Tenant fails to take out or to maintain the aforesaid insurance policy, such failure shall be a defense to any claim asserted by Tenant against Landlord by reason of any loss sustained by Tenant due to fire or other casualty, notwithstanding that such loss might have been caused by the negligence of Landlord. Tenant shall be responsible for the safety and personal well-being of Tenant's use ’s employees, both within the Demised Premises and occupancy thereof in the Common Area. Tenant agrees that Landlord shall not be responsible or liable to Tenant or those claiming under Tenant (including, without limitation, Tenant’s agents, servants, employees, customers and invitees) for injury, death or damage or loss occasioned by the acts or omissions of persons occupying any other part of the Shopping Center or occasioned by the property of any other occupant of any part of the Shopping Center or the acts or omissions of any other person or persons present at the Shopping Center who are not occupants of any part thereof, whether or not such persons are present with the knowledge or consent of Landlord; and Tenant agrees to indemnify and hold Landlord. If Tenant is engaged in any way in the sale of alcoholic beverages, either for consumption of alcoholic beverages on or off the Demised Premises, Tenant will also maintain liquor liability insurance with the limits of not less than $2,000,000.00 per occurrence which insurance each common cause and $3,000,000.00 aggregate. If written on a separate policy from the commercial general liability policy, such policy shall include the name Landlord (and any of its affiliates, subsidiaries, successors and assigns designated by Landlord) as an additional insured. Such policy shall contain a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage cross liability endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forceseverability provision.

Appears in 1 contract

Samples: Shopping Center Lease Agreement

Tenant’s Insurance. The Tenant shall take out and keep in force At all times during the Termterm, TENANT will 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: (a) comprehensive general public liability A Commercial General Liability policy of insurance protecting TENANT, LANDLORD and any lender(s) whose names have been provided to TENANT in writing (including as additional insureds) against claims for bodily injury, death personal injury and property damage) damage based upon, involving or arising out of the ownership, use, occupancy or maintenance of the Leased Premises and all areas appurtenant thereto. Such insurance shall be on an occurrence basis with respect to the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof of not less than $2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended providing single limit coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than Two Million ($2,000,000) Dollars per occurrence with an “Additional Insured-Managers or LANDLORDs of Premises” endorsement and contain the “Amendment of the Pollution Exclusion” endorsement for damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this LEASE as an “Insured contract” for the performance of TENANT’s indemnity obligations under this LEASE. The limits of said insurance required by this Lease or as carried by TENANT shall not, however, limit the liability of TENANT nor relieve TENANT of any obligation hereunder. All insurance to be carried by TENANT shall be primary to and not contributory with any similar insurance carried by LANDLORD, whose insurance shall be considered excess insurance only. (b) Either by separate policy or, at LANDLORD’s option, by endorsement to a policy already carried, maintain insurance coverage on all of TENANT’s personal property, machinery, equipment, stock, inventory, trade fixtures and any alterations and utility installations constructed pursuant to this LEASE and/or owned by TENANT in, on, or about the Leased Premises similar in coverage to that carried by LANDLORD under Section 5.1. Such insurance shall be full replacement cost coverage, on a broad form basis insuring against “all risks of direct physical loss,” with a deductible not to exceed $1,000 per occurrence, and shall include coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the project required to be demolished or removed by reason of the enforcement of any building, zoning, safety, or other Applicable Requirements as the result of a covered loss. The proceeds from any such insurance shall be used by TENANT for the replacement cost of personal property, machinery, equipment, stock, inventory and the restoration of trade fixtures and any alterations and utility installations required to be covered by such insurance. (c) A policy or policies in the name of LANDLORD, with loss payable to LANDLORD and any lender(s), insuring the loss of the full rental and other charges payable by TENANT under the LEASE for one year (including any scheduled rental increases). Said insurance may provide that in the event the Lease is terminated by reason of an insured loss, the period of indemnity for such coverage shall be extended beyond the date of the completion of repairs or replacement of the Leased Premises, to provide for one full year’s loss of rental revenues from the date of any such loss. All Said insurance required to be maintained by shall contain an agreed valuation provision in lieu of any co-insurance clause, and the Tenant hereunder amount of coverage shall be on terms adjusted annually to reflect the projected rental income and with insurers to which other sums, if any, otherwise payable by TENANT, for the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forcenext 12-month period.

Appears in 1 contract

Samples: Standard Business Park Lease (Sonendo, Inc.)

Tenant’s Insurance. The Tenant shall take out maintain in full force and keep in force effect during the TermLease Term the following insurance: (a) comprehensive A. Tenant shall maintain a policy or policies of commercial general public liability (insurance, including property damage, against liability for personal injury, bodily injury, death death, and damage to property damage) insurance on occurring in or about, or resulting from an occurrence basis with respect to the business carried on, in or from about, the Leased Premises and the Tenant's use and occupancy thereof with combined single limit coverage of not less than $2,000,000.00 per occurrence which the amount of Tenant’s Minimum Liability Insurance coverage set forth in Article 1. Such commercial general liability insurance shall include the contain a “contractual liability” endorsement insuring Tenant’s performance of Tenant’s obligation to indemnify Landlord as set forth in Article 10. If Landlord’s Lender or Landlord’s insurance advisor or counsel reasonably determines at any time that the amount of such coverage is not adequate, Tenant shall increase such coverage to such amount as Landlord’s Lender, insurance advisor or counsel reasonably deems adequate, not to exceed the level of coverage then commonly carried by comparable businesses similarly situated. B. Tenant shall maintain a named insured policy or policies of fire and shall protect the Landlord property damage insurance in respect of claims by the Tenant as “Special Risk” form with a sprinkler leakage endorsement (if the Landlord were separately insured; (bBuilding contains fire sprinklers) insuranceinsuring the personal property, inventory, Trade Fixtures, and Leasehold Improvements within the Leased Premises for the full replacement cost in respect thereof. The proceeds from any of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements policies shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward used for the repair or replacement of such items so insured. C. If Tenant undertakes or authorizes any construction, alteration, improvements or the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal like in the Leased Premises, then Tenant shall maintain contingent liability and broad form builder’s risk insurance with coverage in an amount not less than satisfactory to Landlord. D. Tenant shall maintain a policy or policies of workers compensation insurance and any other employee benefit insurance sufficient to comply with all workers compensation Laws. E. Landlord and Landlord’s Lender, if any, shall be named as additional insureds on the replacement cost policies of insurance described in this Article. Landlord, as an additional insured, shall be entitled to coverage commensurate with the Leased PremisesTenant’s indemnification obligations as set forth in Section 10.2. All insurance required to be maintained by the Tenant hereunder this Article (i) shall be on terms primary insurance which provides that the insurer shall be liable for the full amount of the loss up to and including the total amount of liability set forth in the declarations without the right of contribution from any other insurance coverage of Landlord, (ii) shall be in a form satisfactory to Landlord, (iii) shall be carried with insurers companies reasonably acceptable to which Landlord, (iv) shall contain a “cross liability” provision providing in substance that Landlord, although named as an insured, shall nevertheless be entitled to recover under the policy for any loss suffered by Landlord has no reasonable objectionby reason of the negligence of Tenant, and (v) shall not have a “deductible” in excess of Ten Thousand Dollars ($10,000.00) per occurrence. Tenant shall provide that such insurers policies shall provide not be subject to the Landlord 30 cancellation or change except after at least fifteen (15) days prior written notice of cancellation or material alteration to Landlord. Copies of such terms and policy or policies, or duly executed certificates for them, together with satisfactory evidence of the payment of the premium therefor, shall waive any right of subrogation against the Landlord. The be deposited with Landlord may require the Tenant to furnish certificates or other evidence acceptable prior to the Landlord as time Tenant enters into possession of the Leased Premises and upon renewal of such policies, but not less than three (3) days prior to the insurance from time to time required to be effected by expiration of the Tenant and its renewal or continuation in forceterm of such coverage.

Appears in 1 contract

Samples: Lease Agreement (Spectrum Pharmaceuticals Inc)

Tenant’s Insurance. The 15.1 Landlord shall maintain fire and extended coverage insurance on the Building and the Leased Premises in such amounts as Landlord shall deem reasonable. Such insurance shall be maintained at the expense of Landlord (but assessed to Tenant as a part of the Operational Costs), and payments for losses thereunder shall be made solely to Landlord or the mortgagees of Landlord as their interest shall appear. Tenant shall take out maintain at its expense, in an amount equal to full replacement costs, fire and keep in force during extended coverage insurance 15.2 Tenant shall, at its sole Cost and expense, procure and maintain through the Term: (a) term of this Lease, comprehensive general public liability (including insurance against claims for bodily injury, injury or death and property damage) insurance on an occurrence basis with respect to the business carried on, damage occurring in or upon or resulting from the Leased Premises Premises, in standard form and with such insurance company or companies as may be acceptable to Landlord, such insurance to afford immediate protection, to the Tenant's use and occupancy thereof limit of not less than $2,000,000.00 per occurrence which insurance 1,000,000.00 in respect of any one accident or occurrence, and to the limit of not less than $100.000.00 for property damage, with not more than $5,000.00 deductible. Such comprehensive general liability Insurance shall include name the Landlord as a named an additional insured and shall protect contain blanket contractual liability coverage which insures contractual liability under the indemnification of Landlord by Tenant set forth in this Lease (but such coverage or the amount thereof shall in no way limit such indemnification). Tenant shall maintain with respect to each policy or agreement evidencing such comprehensive general liability insurance and each policy or agreement evidencing the insurance required pursuant to Section 15(l) above, such endorsements as may be required by Landlord and shall at all times deliver to and maintain with Landlord a certificate with respect to such insurance in form satisfactory to Landlord and the mortgagees of claims Landlord. Tenant shall obtain a written obligation on the part of each insurance company to notify Landlord at least ten days prior to cancellation or modification of such insurance. Such policies or duly executed certificates of insurance relating thereto shall be promptly delivered to Landlord and renewals thereof as required shall be delivered to Landlord at least thirty (30) days prior to the expiration of the respective policy terms. If Tenant fails to comply with the foregoing requirements relating to insurance, Landlord may obtain such insurance and Tenant shall pay to Landlord on demand the premium cost thereof, together with interest thereon from the date of payment by Landlord until repaid by Tenant at the rate of eighteen percent (18%) per annum. Failure to comply with any provision of Paragraph 15 by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect shall constitute an event of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment substantial default justifying eviction of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in force.

Appears in 1 contract

Samples: Lease Agreement (Ibiz Technology Corp)

Tenant’s Insurance. The Tenant Tenant, at its sole expense, shall take out obtain and keep in force during the Termfollowing insurance: (a) comprehensive Commercial general public liability (including insurance coverage on an "occurrence basis" against claims for personal injury, including, without limitation, bodily injury, death death, and broad form property damage) insurance on an occurrence basis with respect to the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof of limits not less than $2,000,000.00 1,000,000 per occurrence which and a $2,000,000 aggregate, with coverage to include a per location endorsement, contractual liability, fire legal liability in the amount of $500,000, and other broad form endorsements that would be carried by a prudent individual conducting a business similar to Tenant's business. All such insurance policies shall include name Tenant as the Landlord as a named insured thereunder and shall protect the name Landlord in respect of claims by the Tenant and Landlord's mortgagees as if the Landlord were separately insuredadditional insureds thereunder, all as their respective interests may appear; (b) Worker's Compensation and Employer's Liability insurance, for the full replacement cost in respect with a waiver of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage subrogation endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment waiving rights of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the subrogation against Landlord, but in form and amount satisfactory to Landlord and at a minimum is equal to that required by the Landlord agrees to make available such proceeds toward the repair or replacement law of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; andVirginia; (c) tenantSpecial Causes of Loss Insurance insuring any Leasehold Improvements made to the Premises after the Commencement Date and Tenant's fire legal liability insurance interest in the Premises and all property located in the Premises, including furniture, equipment fittings, installations, fixtures, supplies and any other personal property, Leasehold Improvements and alterations ("TENANT'S PROPERTY"), in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide equal to the full replacement value, it being understood that no lack or inadequacy of insurance by Tenant shall in any event make Landlord 30 days prior written notice subject to any claim by virtue of cancellation any theft or material alteration loss or damage to any uninsured or inadequately insured property; (d) During the course of such terms construction of any work performed by Tenant or on Tenant's behalf pursuant to this Lease or any alterations by Tenant until completion thereof, Builder's Risk Insurance on a "special causes of loss" basis (including collapse) on a completed value (non-reporting) form for full replacement value covering all work incorporated in the Building and shall waive any right of subrogation against all materials and equipment in or about the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in force.Premises;

Appears in 1 contract

Samples: Office Lease Agreement (Pec Solutions Inc)

Tenant’s Insurance. The A. Tenant shall take out obtain at its sole cost and expense, and keep in force during throughout the Term: (a) term of this Lease for the benefit of Landlord and Tenant, comprehensive policy of general liability insurance naming Landlord an "Additional Insured" in the amount of $1,000,000.00 of the type generally known in the insurance industry as comprehensive general public liability (including combined single limit coverage for bodily injury, death injury and property damage) insurance on an occurrence basis with respect to the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof of not less than $2,000,000.00 per occurrence which insurance . Such policy shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; provision that at least thirty (b30) insurance, for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation must be given to Landlord. B. Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Demised Premises or material alteration which may be under Tenant's care, custody or control which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of such terms and insurance covering all risks with no deductible which policy shall waive any right specifically provide for a waiver of subrogation against for Landlord and all Industrial Park tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the Landlordcontrary contained in this Lease. The Landlord may require shall not be liable to Tenant for any loss or damage caused by fire, water or any of the risks enumerated in standard extended coverage insurance. C. All policies of insurance required of Tenant to furnish certificates or other evidence under this Lease shall be acceptable to the Landlord as and written and signed by solvent and responsible insurance companies authorized to do business in New Jersey and rated A+ or better by Best's Insurance Guide of most recent publication. D. At or prior to the entry by Tenant into the Demised Premises, Tenant shall provide Landlord with Certificates of Insurance from Tenant's insurers evidencing the insurance from time coverage required of Tenant under this Lease. In addition, Tenant shall deliver to time required Landlord renewal policies or Certificates thereof not later than thirty (30) days prior to the expiration of any such policy. E. The policy limits set forth herein shall be effected subject to periodic review and Landlord reserves the right to require that Tenant increase the coverage limits if in the reasonable opinion of Landlord the coverage becomes inadequate and is less than that commonly maintained by tenants making similar uses of similar buildings in the Tenant and its renewal or continuation in forcearea.

Appears in 1 contract

Samples: Lease (Diversified Security Solutions Inc)

Tenant’s Insurance. The Tenant shall take out and keep in force during the Term: (a) comprehensive general public liability insurance (including covering bodily injury, death and property damage) insurance on an occurrence basis with respect to all construction, installation and alterations done in the Leased Premises by the Tenant, the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof thereof, of not less than $2,000,000.00 2,000,000 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insuredoccurrence; (b) insurance, for insurance against all risks in such amounts as may be reasonably required by the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement Landlord covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant and all Leasehold Improvements of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, Landlord but the Landlord agrees to make available such proceeds toward towards the repair or replacement of the Leasehold Improvements insured property if this Lease is not terminated pursuant to any other provision hereof; and, and if this Lease is terminated for reasons other than the default of the Tenant hereunder, the proceeds shall be divided between the Landlord and the Tenant as their respective interests in the Leasehold Improvements may appear, as determined by the Landlord, acting reasonably; (c) tenant's fire plate glass insurance (if there shall be plate glass in the Leased Premises) in an amount and on terms satisfactory to the Landlord; (d) tenants' legal liability insurance in an amount not less than the replacement cost of the Leased Premises; and (e) any other insurance in form, amounts and for insurance risks as the Landlord or the Landlord's mortgagees may reasonably require from time to time. All insurance required to be maintained by the Tenant hereunder shall be in amounts and on terms satisfactory to the Landlord. Such insurance shall be by policies in form satisfactory from time to time to the Landlord and with insurers acceptable to which the Landlord has no reasonable objection, and shall provide that such insurers shall provide to the Landlord 30 days thirty (30) days' prior written notice of cancellation or material alteration of such terms policies. Each policy shall name the Landlord as an additional insured except for coverage for the Tenant's trade fixtures and furnishings and equipment but including coverage for Leasehold Improvements in respect of the Landlord's insurable interest therein, and shall waive any right contain a waiver of cross-claim and subrogation against the LandlordLandlord and shall protect and indemnify both the Landlord and the Tenant. The Landlord may require the Tenant to shall furnish certificates or other evidence acceptable to the Landlord as to certificates, or, if required by the Landlord, certified copies of the policies (signed by the insurers) of the insurance from time to time required to be effected by the Tenant and its renewal or evidence acceptable to the Landlord of their continuation in force. If the Tenant shall fail to take out, renew and keep in force such insurance the Landlord may do so as the agent of the Tenant and the Tenant shall repay to the Landlord any amounts paid by the Landlord as premiums forthwith upon demand.

Appears in 1 contract

Samples: Lease Agreement (Derek Oil & Gas Corp)

Tenant’s Insurance. Tenant agrees, at its sole cost, to insure its personal property, trade fixtures, Specialized Tenant Improvements and other Alterations not required to be insured by Landlord against damage for their full replacement value (without depreciation). Said insurance shall provide All Risk or Special Cause of Loss coverage (or its equivalent or industry replacement) equal to the replacement cost of said property. The property insurance provided by Tenant as required by this paragraph shall be carried in favor of Landlord and Tenant as their respective interests may appear and shall provide that any loss to Alterations shall be adjusted with and be payable to both Landlord and Tenant. Tenant shall take out deliver a copy of the policy and keep in force during renewal certificate to Landlord. Tenant agrees, at its sole cost, to obtain and maintain throughout the Term: (a) comprehensive general public liability (including bodily injury, death and property damage) Lease Term Commercial General Liability insurance on an occurrence basis for occurrences within the Project with respect to the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof a combined single limit of not less than Five Million Dollars ($2,000,000.00 per occurrence which 5,000,000), worker’s compensation insurance and Employer’s Liability insurance in compliance with statutory requirements. Tenant’s liability insurance shall include the Landlord as be primary insurance containing a named insured cross-liability endorsement, and shall protect the Landlord in respect provide coverage on an “occurrence” rather than on a “claims made” basis. All such insurance shall provide for severability of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect interests; shall provide that an act or omission of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment one of the named or additional insureds shall not reduce or avoid coverage to the other named or additional insureds. Tenant shall name Landlord, Xxxxxxxx’s affiliates and property manager and Xxxxxxxx’s lenders as additional insureds on Tenant’s liability policies and shall name Landlord and Landlord’s lenders as loss payees on its property insurance. Tenant shall provide a waiver of subrogation in favor of Landlord, Xxxxxxxx’s affiliates and property manager for worker’s compensation and employer’s liability. Tenant shall deliver to Landlord a copy of all required polices and renewal certificates, or other evidence of coverage reasonably acceptable to Landlord, prior to the earlier of the Commencement Date or first entry to ready any portion of the Premises for Tenant’s occupancy, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that before expiration of any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlordsuch policies, but in no event later than five (5) days after the Landlord agrees to make available scheduled expiration of such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premisespolicies. All insurance policies required under this Section 10.C shall provide for thirty (30) days’ prior written notice to Landlord of any cancellation, termination, or reduction in coverage. Notwithstanding the above, Landlord retains the right to have Tenant provide other forms of insurance which may be reasonably required to cover future risks. In no event shall the types or limits of any insurance policies maintained or required to be maintained under this Lease by the Tenant hereunder shall be on terms or its contractors limit Tenant’s liability under this Lease, including without limitation Tenant’s indemnification, defense and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forcehold harmless obligations.

Appears in 1 contract

Samples: Lease Agreement (Astera Labs, Inc.)

Tenant’s Insurance. The Tenant shall take out and keep in force during the Term: at its own expense, so long as this Lease remains in effect, (a) comprehensive general public liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars (including bodily injury$2,000,000), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) insurance all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant's personal property in the Premises and all improvements and installed in the Premises by or on an occurrence basis with respect behalf of Tenant whether pursuant to the business carried onterms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen's compensation or similar insurance offering statutory coverage and containing statutory limits, and (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord. Such policies shall be maintained in companies rated in Best's Insurance Guide at least "A" as to general policyholder's rating and "X" as to financial strength, and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Upon request from Landlord, Tenant shall deposit the Leased policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional named insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) day's written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the TenantTerm of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor's use liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and occupancy thereof contractor's protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance200,000.00), for the full replacement cost in respect of fire and such other perilscombined single limit, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements personal injury and death and property damage, such insurance to provide that any proceeds recoverable for no deductible, and (ii) workmen's compensation insurance or similar insurance in form and amounts as required by law. In the event of loss damage to Leasehold Improvements or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall be payable pay Landlord all of its insurance proceeds relating to improvements made in the Premises limited to the Landlordallowance for Tenant's Improvements by or on behalf of Tenant whether pursuant to the terms of Section 35, but the Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to make available pay promptly upon Landlord's demand, as additional rent the premiums for such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forceinsurance.

Appears in 1 contract

Samples: Lease Agreement (Ameritrade Holding Corp)

Tenant’s Insurance. The Tenant shall take out and keep in force during the Term: (a) Tenant shall carry the comprehensive general public liability (including bodily injury, death insurance required by Section 5.02 hereof and property damage) shall also carry fire and extended coverage insurance on an occurrence basis with respect Tenant's Personal Property in the Leased Premises in the amount of their full replacement cost (subject only to the business carried ona reasonable deductible and co-insurance factor). In addition, in or from Tenant shall maintain workers' compensation insurance and all such other insurance relating to Tenant's use and occupancy of the Leased Premises and the Building as may be required by applicable law. All such policies required to be carried by Tenant hereunder and all evidence of insurance provided to Landlord shall be issued by responsible, financially sound companies qualified to do business and in good standing in the Commonwealth of Massachusetts and shall contain an endorsement showing that Landlord and each holder of a Mortgage (disclosed in writing to Tenant's use ) is included as an additional insured (except as to workers' compensation insurance), as its interests may appear and occupancy thereof an endorsement whereby the insurer agrees not to cancel or alter the policy without at least thirty (30) days prior written notice to Landlord, to the holder of such Mortgage and all other named insureds. Tenant shall, on or prior to occupying any portion of the Leased Premises, deposit with Landlord certificates of such insurance, and thereafter, on or prior to fifteen (15) days before the expiration date of any coverage thereunder, shall deposit with Landlord certificates evidencing the renewal of such policies. Any such insurance may be maintained by Tenant under a blanket policy or policies; provided, however, that the minimum amount of the total insurance afforded by such blanket policy which shall be allocable to the Leased Premises and any sublimits of such policy allocable to the Leased Premises, shall be in amounts which shall not be less than the amounts of the insurance required hereunder, and the protection afforded to Landlord and each holder of a Mortgage under such policy shall be not less than $2,000,000.00 per occurrence that which would have been afforded under a separate policy or policies relating only to the Leased Premises, and the certificate evidencing such insurance shall include contain provisions confirming the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured;foregoing. (b) insurance, for In the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time event that Tenant fails to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment timely furnish Landlord evidence of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained provided by the Tenant hereunder pursuant to Subsection (a) above, and such failure shall continue for five (5) Business Days after notice thereof from Landlord, Landlord shall be on terms and authorized (but not required) to procure such coverage in the amounts stated with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required all costs thereof to be effected chargeable to Tenant as Additional Rent, and payable by the Tenant and its renewal or continuation in forceupon receipt of written invoice therefor.

Appears in 1 contract

Samples: Lease Agreement (Houghton Mifflin Co/Fa)

Tenant’s Insurance. The Tenant shall take out and keep in force during the Term: (a) comprehensive general public Tenant shall, at its expense, maintain at all times a policy or policies of insurance insuring Tenant against all liability (including bodily injury, for injury to or death of a person or persons and for damage to or destruction of property damage) insurance on an occurrence basis occasioned by or arising out of or in connection with respect to the business carried on, in use or from occupancy of the Leased Premises and or by the condition of the Leased Premises (including Tenant's use contractual liability to indemnify and occupancy thereof defend Landlord) with a combined single limit of not less than $2,000,000.00 per occurrence which 1,000,000 for bodily injury and property damages, or with increased limits as may be required from time to time by Landlord by giving notice to Tenant. Tenant's policies must be written by an insurance company or companies satisfactory to Landlord and licensed to do business in the State of Texas with Landlord and Landlord's manager named as additional insureds without restriction. If Tenant has an umbrella or excess policy, Tenant shall include name Landlord and Landlord's manager as additional insureds without restriction on all layers of umbrella or excess policies. Tenant shall obtain a written obligation on the part of each insurance company to notify Landlord as a named insured and shall protect at least fifteen (15) days prior to cancellation of the Landlord in respect of claims by the Tenant as if the Landlord were separately insured;insurance. (b) insurance, for the full replacement cost in respect Tenant shall deliver copies of fire and such other perils, including sprinkler leakage as are from time its insurance policies or duly executed certificates of insurance to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect prior to insured Leasehold Improvements and provide that occupying any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost part of the Leased Premises. All Tenant shall deliver satisfactory evidence of renewals of the insurance required policies to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide at least fifteen (15) days prior to the Landlord 30 days prior written notice expiration of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlordrespective policies. The If Tenant fails to comply with these insurance requirements, Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to obtain the insurance and Tenant shall pay to Landlord on demand as additional Rent the premium cost thereof plus interest at the Interest Rate from the date of payment by Landlord until paid by Tenant. (c) Tenant shall use its best efforts to insure that all contractors, subcontractors, moving companies and others performing work of any type for Tenant in the Building shall comply with the insurance requirements set out on Exhibit E attached hereto and incorporated herein by reference, as such requirements may be revised from time to time required to be effected by the Tenant and its renewal or continuation in forceLandlord.

Appears in 1 contract

Samples: Lease Agreement (Westech Capital Corp)

Tenant’s Insurance. The Tenant shall take out provide on or before the Commencement Date for the benefit of Landlord and Tenant a policy of commercial general liability insurance insuring against accident on or about the Premises and the Real Property or any appurtenances thereto. Such policy is to be written by good and solvent insurance companies reasonably satisfactory to Landlord, and the limits of liability thereunder shall not be less than the amounts set forth in Section 2.14 hereof for personal injury, including death, in respect of any one person, in respect of any one occurrence, and in respect of property damage. Such insurance may be carried under a blanket policy covering other locations of Tenant, if any. Landlord shall be named as an additional insured under such policy. Prior to the time such insurance is first required by this Section 29 to be carried by Tenant, and thereafter, at least fifteen (15) days prior to the expiration of any such policy, Tenant agrees to deliver to Landlord either a duplicate original of the aforesaid policy or a certificate evidencing such insurance, which policy or certificate shall provide that such insurance may not be canceled except upon thirty (30) days' prior notice to Landlord. Upon failure at any time on the part of Tenant to procure and deliver to Landlord the policy or certificate of insurance, as hereinabove provided, stamped "Premium Paid" by the issuing company at least fifteen (15) days before the expiration of the prior insurance policy or certificate, if any, or to pay the premiums therefor, Landlord shall be at liberty, from time to time, as often as such failure shall occur, to procure such insurance and to pay the premium therefor, and any sums paid for insurance by Landlord shall be and become, and are hereby declared, to be Additional Rent hereunder for the collection of which Landlord shall have all the remedies provided for in this Lease or by law for the collection of rent. Payment by Landlord of such premium or the carrying by Landlord of any such policy shall not be deemed to waive or release the default of Tenant with respect thereto. Tenant's failure to provide and keep in force during the Term: (a) comprehensive general public liability (including bodily injury, death and property damage) insurance on an occurrence basis with respect to the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof of not less than $2,000,000.00 per occurrence which aforementioned insurance shall include the be regarded as an Event of Default hereunder entitling Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment exercise any or all of the Tenant, and which insurance shall include the Landlord remedies as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable provided in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forceLease.

Appears in 1 contract

Samples: Lease Agreement (Tellium Inc)

Tenant’s Insurance. The Tenant shall take out and keep in force shall, during the Term: (a) comprehensive entire term of this Lease, at the Tenant's sole cost and expense, but for the mutual benefit of the Landlord and Tenant, maintain general public liability (including bodily insurance against claims for personal injury, death or property damage occurring upon, in or about the entire property described on Exhibit "B" attached hereto and property damage) insurance on an occurrence basis with respect to the business carried on, in or from about the Leased Premises adjoining streets and passageways, such insurance to afford protection to the Tenant's use and occupancy thereof limit of not less than $2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord 1,000,000 in respect to injury or death to a single person, and to the limit of claims by not less than $2,000,000 in respect to any one accident, and to the limit of not less than $250,000 in respect to property damage or a combined single limit policy not less than $1,000,000 per occurrence. All policies shall name Landlord and the mortgages of the property as an additional named insured, as their interest may appear. Tenant as if shall also provide insurance coverage to the Landlord were separately insured; (b) insurance, for extent of the full replacement cost value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in respect or on or about the Demised Premises. Other forms of fire insurance may be reasonably required to cover future risks against which a prudent Tenant would protect itself. All policies of insurance provided for herein shall be issued by insurance companies with a general policy holder's rating of not less than A and such other perilsa financial rating of AAA, including sprinkler leakage as are from time to time defined rated in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenantmost current available "Best's trade fixtures and the furniture and equipment of the TenantGuide" Insurance Reports, and which qualified to do business in the state of Utah. The policies for the foregoing insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any the proceeds recoverable in the event of loss to Leasehold Improvements thereof shall be payable to the Tenant and to the Landlord, but as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord agrees to make available such proceeds toward by an insurance carrier in the repair or replacement form of either a certified copy of the Leasehold Improvements if this Lease is not terminated pursuant policy or other written verification of insurance coverage acceptable to any other provision hereof; and (c) tenant's fire legal liability Landlord and the lending institution for the Demised Premises Such insurance in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, policies shall provide that such insurers shall provide to the Landlord 30 days prior be given thirty (30)days written notice of prior to any cancellation or material alteration of any policy. To the extent that Tenant fails to provide the foregoing insurance, either hazard or liability, Tenant shall be responsible to Landlord, as his interest appears, for such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant damage that would have been insured by said policies but for Tenant's failure to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forceobtain such insurance.

Appears in 1 contract

Samples: Lease Agreement (Paradigm Medical Industries Inc)

Tenant’s Insurance. (a) The Tenant shall will, at its expense, take out and keep maintain in full force during and effect and in the Termnames of the Tenant, the Landlord and the Mortgagee as their respective interests may appear, the following insurance: (ai) comprehensive general public liability insurance in amounts and with policies in form satisfactory from time to time to Landlord and with insurers acceptable to the Landlord, the comprehensive general liability insurance in no event to be for less than two million dollars (including bodily injury, death $2,000,000.00) inclusive limits and property damage) all risks insurance on furniture, fixtures, and Improvements in an occurrence basis with respect amount equal to the business carried on, in full insurable value thereof. Copies of each insurance policy shall forthwith upon execution be delivered to Landlord. Each such policy shall name Landlord as an additional insured as its interest may appear and the comprehensive general liability policy shall contain a cross liability clause. The cost or premium for each and every such policy shall be paid by Tenant. Tenant shall obtain from the Leased Premises and the Tenant's use and occupancy thereof of not less than $2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the insurers under such policies, undertakings to notify Landlord in respect of claims by writing at least ten (10) days prior to any cancellation thereof. (ii) business interruption insurance in such amount as will reimburse the Tenant for direct or indirect loss of earnings and for such risks as if the Landlord were separately insured;would be carried by prudent Tenants. (b) insurance, for The Tenant’s policies will: (i) contain the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall Mortgagee’s standard mortgage clause (ii) be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and taken out with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as and in a form reasonably satisfactory to the Landlord (iii) be noncontributing with and apply only as primary and not as excess to any other insurance from time available to time required to the Landlord (iv) not be effected invalidated as respects the interests of the Landlord and the Mortgagee by reason of breach or violation of any warranties, representations, declarations, or conditions, contained in the policies; and (v) contain an undertaking by the insurers to notify the Landlord and the Mortgagee in writing not less than thirty (30) days prior to any material change, cancellation, or termination. The Tenant and its renewal or continuation agrees that certificates of insurance in forcea form acceptable to the Landlord will be delivered to the Landlord as soon as practicable after the placing of the required insurance.

Appears in 1 contract

Samples: Lease Agreement (Nayarit Gold Inc.)

Tenant’s Insurance. The Tenant shall take out and keep in force during the Term: (a) comprehensive general public liability (including bodily injury, death and property damage) (sometimes referred to as "commercial general liability") insurance on an occurrence basis with respect to the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof of not less than $2,000,000.00 3,000,000 per occurrence which insurance shall include the Landlord as a an additional named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured;; and (b) insurance, for insurance in such amounts as may be reasonably required by the full replacement cost Landlord in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant and (except as to Insured Damage) all Leasehold Improvements of the Tenant, and which insurance shall include the Landlord as a an additional named insured as the Landlord's interest may appear with respect to the insured Leasehold Improvements and provide provided that any proceeds recoverable in the event of loss to Leasehold Improvements improvements shall be payable to the Landlord, Landlord but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements insured property if this Lease is not terminated pursuant to any other provision hereof; andand if the Landlord shall require the same from time to time then also: (c) tenantTenant's fire legal liability insurance in an amount not less than the replacement cost value of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in force.;

Appears in 1 contract

Samples: Net Lease Agreement (Smartsources Com Inc)

Tenant’s Insurance. The Tenant shall take out and keep in force during the Term: (a) Tenant shall, at its sole cost and expense, obtain and maintain insurance upon and relating to the Premises by builder’s risk insurance during construction and after construction is complete and by comprehensive commercial general public liability property insurance or an “all-risk” form of insurance policy(ies) in amounts equal to the greater of: (including bodily injuryi) one hundred percent (100%) of the full insurable replacement value of the improvements located on the Land; or (ii) such amount as is necessary to avoid co-insurance. All such policies of insurance shall insure Tenant, death Landlord, Landlord’s mortgagee and any Leasehold Mortgagee, as their interests may appear. Such policy must be endorsed to provide that Tenant’s insurance is primary in the event of any overlapping coverage with the insurance covered by Tenant. All payments for losses under such insurance will be made solely to Tenant or to any Leasehold Mortgagee as their interests may appear, provided that Tenant uses such insurance to rebuild or restore the improvements constructed upon the Land and provided that such proceeds are held in escrow by a third party acceptable to Landlord and on terms and conditions concerning such rebuilding and restoration as Landlord shall reasonably approve. (b) Tenant also must maintain a policy or policies of special form (“all risk”) property damage) insurance on an occurrence basis with respect to all of its personal property, including removable trade fixtures, supplies and movable furniture and equipment located on the business carried onPremises, in an amount equal to full replacement cost and endorsed to provide that Tenant’s insurance is primary in the event of any overlapping coverage with the insurance carried by Landlord. All payments for losses under such insurance will be made solely to Tenant or from to any Leasehold Mortgagee of Tenant (if permitted hereunder) as their interests may appear. (c) Tenant shall, at its sole cost and expense, obtain and maintain a commercial general liability insurance, insuring Landlord, Landlord’s mortgagee, Leasehold Mortgagee and Tenant against all claims, demands or actions arising out of or in connection with injury to or death of a person or persons and for damage to or destruction of property occasioned by or arising out of or in connection with the Leased Premises and use or occupancy of the Tenant's use and occupancy thereof Premises, the limits of such policy or policies to be not less than $2,000,000.00 per occurrence which 5,000,000.00 combined single limit for any one accident or occurrence. Tenant will review this coverage annually and increase limits as reasonably prudent for first-class commercial developments. Tenant’s insurance shall include must contain an endorsement that Tenant’s insurance is primary and non-contributory for claims arising out of an incident or event occurring within the Premises. Tenant’s insurance must contain a provision naming Landlord (and any Mortgagee designated by Landlord) as a named an additional insured and shall protect include coverage for the contractual liability of Tenant to indemnify Landlord in respect pursuant to the terms of claims by the Tenant as if the Landlord were separately insured;this Lease. (bd) insurance, for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, at Tenant’s sole cost and which insurance shall include expense, must also maintain throughout the Landlord as Term a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event policy or policies of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability workers’ compensation insurance in an amount not less than that necessary to satisfy all statutory limits and other requirements of law concerning such xxxxxxx’x compensation coverage for Tenant’s use and operations within the replacement Premises. Such policy must contain a waiver of subrogation endorsement reasonably acceptable to Landlord. (e) Tenant, at Tenant’s sole cost and expense, must also maintain throughout the Term business interruption insurance in an amount equivalent to at least twelve (12) months’ Annual Rent and other expenses paid by Tenant under this Lease for the calendar year then most recently concluded. (f) All policies of insurance shall be issued by an insurance company or companies having a Best’s rating of not less than A:X as stated in the most current available Best’s insurance reports (or comparable rating service if Best’s reports are not currently being published), licensed to do business in the State of Texas. All policies of insurance shall be in form and substance reasonably satisfactory to Landlord with Landlord shown as an additional insured or loss payee, as applicable; provided, however, that Landlord’s rights to any casualty insurance proceeds with respect to the Property shall be subject to the rights of any Leasehold Mortgagee pursuant to Section 17.3. Tenant shall deliver to Landlord certificates or copies of all policies of required insurance and, upon request from Landlord, proof of the Leased Premisespayment of the premiums. Sixty (60) days prior to the expiration of each of the policies required hereunder, Tenant shall furnish Landlord with a certificate of insurance in force or replacement coverage and meeting the standards hereinabove provided, all as required by this Lease. All such policies shall contain a provision that such policies will not be canceled or materially amended, including any reduction in the scope or limits of coverage, without ten (10) days prior written notice to Landlord. In the event Tenant fails to maintain, or cause to be maintained, or deliver and furnish to Landlord certified copies of policies of insurance required by this Lease, Landlord may procure such insurance for the benefit only of Landlord for such risks covering Landlord’s interests, and Tenant will pay all premiums thereon within ten (10) days after demand by Landlord. In the event Tenant fails to pay such premiums (or reimburse Landlord) upon demand the amount of all such premiums shall bear interest at the Default Rate. (g) All insurance required to be maintained by the Tenant hereunder under this Section 10.1 shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as in addition to the insurance from time to time required to be effected maintained by the Tenant Master Association as described in the Bylaws; provided, however, the insurance maintained by the Master Association shall satisfy Tenant’s requirement herein if Landlord is named as an additional insured on the Master Association’s policy and its renewal or continuation in forcethe above dollar amounts are satisfied.

Appears in 1 contract

Samples: Ground Lease Agreement (Hilltop Holdings Inc.)

Tenant’s Insurance. The Tenant TENANT shall take out acquire and keep in force during maintain for the Term: (a) comprehensive general public TERM of the LEASE a standard tenant liability (including bodily injury, death and insurance policy with liability coverage of at a minimum of $100,000 per occurrence for TENANT’S legal liability for damage to LANDLORD’S property damage) insurance on an occurrence basis with respect to the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof of not for no less than $2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured following causes of loss: fire, smoke, explosion, backup or overflow of sewer, drain or sump, and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect of fire water damage and such other perilscoverages described in any addendum attached hereto (the Liability Policy”). TENANT’s Liability Policy shall name LANDLORD as an additional insured. In the event that TENANT fails to obtain, maintain and deliver to LANDLORD such written proof of the Liability Policy, LANDLORD shall have the right, but not the obligation, and TENANT automatically elects for LANDLORD to procure such policy coverage on TENANT’s behalf through the Landlord Required Insurance Policy (“LRIP”). In this event the TENANT will be charged a Landlord Required Insurance Policy Fee of $12.00 per month and this shall be deemed to be additional RENT under the Lease and immediately due and payable by TENANT to LANDLORD. DAMAGE TO TENANT'S PROPERTY AND INSURANCE: LANDLORD does not provide any insurance coverage for TENANT’s property. Unless caused by the willful or grossly negligent actions of LANDLORD, or LANDLORD’s agent's or employee's, neither LANDLORD nor LANDLORD’s agents and/or employees shall be responsible for any theft, damage, loss or destruction of personal property of TENANT or TENANT's occupants, guests, licensees, invitees or agents due to fire, water, flooding, other casualty, act of God, or any other causes. TENANT IS ENCOURAGED TO INSURE PERSONAL PROPERTY IN AN AMOUNT SUFFICIENT TO COVER THE PROPERTY. National Student Services, Inc. (xxxxx://xxx.xxxx.xxx/portal/sternrisk) offers coverage through its Personal Property Protection Program which is being referred to in this LEASE merely for the convenience of TENANT as an example of such a program. LANDLORD makes no representations or warranties whatsoever regarding National Student Services, Inc. or its Personal Property Protection Program and TENANT is encouraged to speak with a qualified insurance professional about available coverages. TENANT expressly and unequivocally agrees to be liable to LANDLORD and/or LANDLORD’s insurer for injury to any person and damage to the UNIT or the PROPERTY, including sprinkler leakage as are from time but not limited to time defined in the usual extended coverage endorsement covering the Leasehold Improvements fire and the Tenant's trade fixtures and the furniture and equipment of the Tenantwater damage, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlordcaused by TENANT or TENANT’s occupants, but the Landlord guests, licensees, invitees or agents. TENANT agrees to make available such proceeds toward the repair or replacement comply in all respects with any applicable policy of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord so as to the not cause an increase in premium or void any insurance from time to time required to be effected by the Tenant and its renewal or continuation in forcepolicy.

Appears in 1 contract

Samples: Residential Lease Agreement

Tenant’s Insurance. The It is expressly agreed by the parties that Tenant shall take out assume all risk of damage to its property, equipment and keep trade fixtures occurring in force during or about the Term: (a) comprehensive general public Demised Premises whatever the cause of such damage or casualty. Landlord assumes no liability (including bodily injury, death and property damage) insurance on an occurrence basis or responsibility whatever with respect to the conduct and operation of the business carried onto be conducted in the Demised Premises nor for any loss or damage of whatsoever kind or nature or by whomsoever caused, to personal property, documents, records, monies, or goods of Tenant or to anyone in or from about the Leased Demised Premises, however caused, and Tenant agrees to hold Landlord harmless against all such claims. Tenant will, at its own cost and expense maintain all risk insurance coverage on its trade fixtures, and other personal property located in the Demised Premises and the in an amount equal to full replacement cost thereof. The Tenant, at Tenant's use own cost and occupancy thereof expense, shall obtain or provide and keep in full force for the benefit of the Landlord, during the term hereof, general public liability insurance, insuring the Landlord against any and all liability or claims of liability arising out of, occasioned by or resulting from any accident or otherwise in or about the Demised Premises, for injuries to any person or persons, for limits of not less than $2,000,000.00 per occurrence which the Limit of Liability Insurance To Be Maintained by Tenant as set forth in the Lease Summary. The policy or policies of insurance shall include be of a company or companies authorized to do business in the Landlord as a named insured State of New Jersey and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable delivered to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement together with evidence of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount payment of the premiums therefor, not less than fifteen days prior to the replacement cost commencement of the Leased Premises. All insurance required to be maintained by term hereof or of the date when the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objectionenter into possession, shall provide that such insurers shall provide whichever occurs sooner. At least thirty (30) days prior to the Landlord 30 days prior written notice expiration or termination date of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require policy, the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its shall deliver a renewal or continuation in forcereplacement policy with proof of the payment of the premium therefor.

Appears in 1 contract

Samples: Lease Agreement (KMC Telecom Holdings Inc)

Tenant’s Insurance. The Tenant shall take out shall, at Tenant’s expense, obtain and keep in full force during the Term: Term the types of insurance meeting the requirements set forth on attached Exhibit “G”. Concurrently with its execution and delivery of this Lease and thereafter within five (a5) comprehensive general public liability business days following written demand therefor from Landlord, Tenant shall deliver certificates of such insurance or copies of the policies with all endorsements required hereunder together with evidence of payment of the current premiums therefor to Landlord. In the event Tenant fails to provide certificates evidencing renewal of each such policy at least thirty (including bodily injury30) days before expiration of the policy (as required pursuant to attached Exhibit “G”) or within five (5) business days after written request by Landlord, death Landlord shall have the right, but not the obligation, to order such insurance and property damagecharge the cost thereof plus a ten (10%) administrative fee to Tenant, which amount shall be payable by Tenant to Landlord upon demand. Failure of Landlord to demand such certificate or other evidence of full compliance with the insurance on an occurrence basis with respect requirements contained in this Lease or failure of Landlord to the business carried on, in or identify a deficiency from the Leased Premises and the Tenant's use and occupancy thereof of evidence that is provided to Landlord shall not less than $2,000,000.00 per occurrence which insurance shall include the Landlord be construed as a named insured waiver of Tenant’s obligation to maintain such insurance. By requiring insurance herein, Landlord does not represent that coverage and shall limits will necessarily be adequate to protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which such coverage and limits shall not be deemed as a limitation on Tenant’s liability under the indemnities granted to Landlord in this Lease. Tenant’s failure to procure the required insurance shall include not excuse Tenant from any obligations hereunder and shall subject Tenant to contractual damages. Without limiting the obligations of Tenant set forth in this Section 15.1, Tenant agrees (A) to provide Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of any cancellation or material alteration of the foregoing insurance within ten (10) days following receipt of the cancellation notice from Tenant’s insurance carrier, and (B) if at any time available from Tenant’s liability insurance carrier, Tenant shall, at Tenant’s cost, obtain an endorsement to such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected policy requiring notification by the Tenant and its renewal or continuation carrier to Landlord of cancellation of insurance which shall be given at least ten (10) days in forceadvance of the cancellation.

Appears in 1 contract

Samples: Lease Agreement (iRhythm Technologies, Inc.)

Tenant’s Insurance. The Tenant shall take out agrees to maintain in full force and keep in force effect at all times during the Term, at its own expense, for the protection of Tenant and Landlord, as their interests may appear, policies of insurance which afford the following coverages: (ai) comprehensive Commercial general public liability (including bodily injury, death and property damage) insurance on an occurrence basis with respect to the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof of not less than $2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than Three Million and no/lOOths Dollars ($3,000,000.00) combined single limit for both bodily injury and property damage which includes blanket contractual liability broad form property damage, personal injury, completed operations, products liability, and fire damage legal (in an amount not less than Twenty-Five Thousand and no/lOOths Dollars ($25,000.00)), which policy shall name Landlord and its Agents as additional insureds and shall contain a provision that "the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant provided Landlord hereunder shall be primary and non-contributing with any other insurance available to Landlord with respect to any damage, loss, liability or expense covered by Tenant's indemnity obligations under paragraph 2l.A. (i) of the Lease." (ii) Causes of loss - special form property insurance (including, without limitation, vandalism, malicious mischief, inflation endorsement, and sprinkler leakage endorsement) on terms and with insurers to which Tenant's Personal Property located on or in the Landlord has no reasonable objectionPremises. Such insurance shall be in the full amount of the replacement cost, shall provide that such insurers shall provide to as the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord same may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required increase as a result of inflation or otherwise. As long as this Lease is in effect, the proceeds of such policy shall be used for the repair and replacement of such items so insured. Landlord shall have no interest in the insurance proceeds on Tenant's Personal Property. Notwithstanding the foregoing, Tenant shall have the right, at its election, to be effected by the Tenant self-insure with respect to any loss or damage to Tenant's Personal Property. (iii) Boiler and its renewal or continuation machinery insurance, including steam pipes, pressure pipes, condensation return pipes and other pressure vessels and HVAC equipment, including miscellaneous electrical apparatus, in forcean amount satisfactory to Landlord.

Appears in 1 contract

Samples: Lease (Ampex Corp /De/)

Tenant’s Insurance. The Tenant shall take out obtain and keep in full force and ------------------- effect during the Term: (a) Term a policy of comprehensive general public liability (including bodily injury, death and property damage) damage insurance on with broad form contractual liability endorsement under which Tenant is named as the insured, and Landlord is named as an occurrence basis additional insured, and under which the insurer agrees to indemnify and hold Landlord harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries and damages mentioned in Article 37 hereof. Such policy shall contain a provision that no act or omission of Tenant shall affect or limit the obligation of the insurance company to pay the amount of any loss sustained and shall be noncancelable with respect to Landlord without thirty (30) days' written notice to Landlord by certified mail, return receipt requested, which notice shall contain the business carried on, in or from the Leased Premises policy number and the Tenant's use names of the insured and occupancy certificate holder. A certificate thereof shall be delivered to Landlord and shall have printed thereon Article 37 hereof in its entirety if required by Landlord. The minimum limits of liability shall be a combined single limit with respect to each occurrence in an amount of not less than $2,000,000.00 per occurrence which insurance shall include the 1,000,000 for injury (or death) and damage to property or such greater amount as Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurancemay, for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenanttime, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premisesrequire. All insurance required to be maintained carried by Tenant pursuant to the Tenant hereunder terms of this Lease shall be on terms effected under valid and with enforceable policies issued by reputable and independent insurers permitted to which do business in the Landlord has no reasonable objectionState of New York, shall provide that such insurers shall provide to the Landlord 30 days prior written notice and rated in Best's Insurance Guide, or any successor thereto (or if there be none, an organization having a national reputation) as having general policyholder rating of cancellation or material alteration "A" and a financial rating of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forceat least "13".

Appears in 1 contract

Samples: Lease Agreement (Global Broadcasting Systems Inc/Fa)

Tenant’s Insurance. The Tenant shall take out agrees to maintain in full force and keep in force effect at all times during the Term, at its sole cost and expense, for the protection of Tenant and Landlord, as their interests may appear, policies of insurance issued by a responsible carrier or carriers acceptable to Landlord which afford the following coverages: (ai) comprehensive Commercial general public liability (including bodily injury, death and property damage) insurance on an occurrence basis with respect to the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof of not less than $2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than Three Million and 00/100ths Dollars ($3,000,000.00) combined single limit for both bodily injury and property damage which includes blanket contractual liability broad form property damage, personal injury, completed operations, and products liability, which policy shall name Landlord and Landlord's Agents as additional insureds and shall contain a provision that "the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant provided Landlord hereunder shall be primary and non-contributing with any other insurance available to Landlord with respect to any damage, loss, liability or expense covered by Tenant's indemnity obligations under Paragraph 21.A.(i) of the Lease." (ii) Causes of loss-special form property insurance (including, without limitation, vandalism, malicious mischief, inflation endorsement, and sprinkler leakage endorsement) on terms and with insurers to which Tenant's Personal Property located on or in the Landlord has no reasonable objectionPremises. Such insurance shall be in the full amount of the replacement cost, shall provide that such insurers shall provide to as the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord same may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time increase as a result of inflation or otherwise. As long as this Lease is in effect, the proceeds of such policy shall be used for the repair and replacement of such items so insured. Landlord shall have no interest in the insurance proceeds on Tenant's Personal Property. Notwithstanding the foregoing, Tenant shall have the right, at its election, to self-insure with respect to any loss or damage to Tenant's Personal Property. (iii) Boiler and machinery insurance, including steam pipes, pressure pipes, condensation return pipes and other pressure vessels and HVAC equipment, including miscellaneous electrical apparatus, in an amount satisfactory to Landlord. (iv) Workers compensation insurance in the manner and to the extent required to be effected by applicable law and with limits of liability not less than the minimum required under applicable law, covering all employees of Tenant and its renewal having any duties or continuation responsibilities in forceor about the Premises.

Appears in 1 contract

Samples: Lease Agreement (Excite Inc)

Tenant’s Insurance. The Tenant shall take out and keep in force during the Term: (a) comprehensive general public liability (including bodily injury, death and property damage) insurance on an occurrence basis with respect to the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof of not less than $2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. a. All insurance required to be maintained carried by the Tenant hereunder shall be on terms issued by responsible insurance companies acceptable to Landlord and with insurers Landlord's lender and qualified to which do business in the Landlord has no reasonable objectionState. Each policy shall name Landlord, and at Landlord's request any mortgagee of Landlord, as an additional insured, as their respective interests may appear. Each policy shall provide contain (i) a cross-liability endorsement, (ii) a provision that such insurers policy and the coverage evidenced thereby shall provide be primary and non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (iii) a waiver by the Landlord 30 days prior written notice insurer of cancellation or material alteration of such terms and shall waive any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (authenticated by the Landlordinsurer) or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall be delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days after any demand by Landlord therefor. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance may, at any time and from time to time time, inspect and/or copy any insurance policies required to be effected maintained by Tenant hereunder. No such policy shall be cancellable except after twenty (20) days written notice to Landlord and Landlord's lender. Tenant shall furnish Landlord with renewals or "binders" of any such policy at least ten (10) days prior to the expiration thereof. Tenant agrees that if Tenant does not take out and maintain such insurance, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge the Tenant the premiums together with a twenty- five percent (25%) handling charge, payable upon demand. Tenant shall have the right to provide such insurance coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the Premises, Landlord, Landlord's mortgagee and Tenant and its renewal or continuation in forceas required by this Lease.

Appears in 1 contract

Samples: Lease (Pac-West Telecomm Inc)

Tenant’s Insurance. The Tenant shall take out and keep in force during the Term: at its own expense, so long as this Lease remains in effect, (a) comprehensive general public liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars (including bodily injury$2,000,000), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) insurance all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant's personal property in the Premises and all improvements installed in the Premises by or on an occurrence basis with respect behalf of Tenant whether pursuant to the business carried onterms of Section 34, Section 9, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen's compensation or similar insurance offering statutory coverage and containing statutory limits, and (d) shall insure all plate and other interior glass in the Premises for and in the name of the Landlord. Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or from in excess of, any coverage which Landlord shall carry. Tenant shall deposit the Leased policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional named insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) day's written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the TenantTerm of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor's use liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and occupancy thereof contractor's protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (b) insurance200,000.00), for the full replacement cost in respect of fire and such other perilscombined single limit, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements personal injury and death and property damage, such insurance to provide that any proceeds recoverable for no deductible, and (ii) workmen's compensation insurance or similar insurance in form and amounts as required by law. In the event of loss damage to Leasehold Improvements or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 17 herein, Tenant shall be payable pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the Landlordterms of Section 9 or otherwise. If Tenant fails to comply with its covenants made in this Section, but the if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to make available pay promptly upon Landlord's demand, as additional rent the premiums for such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forceinsurance.

Appears in 1 contract

Samples: Lease Agreement (Corporate Office Properties Trust)

Tenant’s Insurance. The Tenant shall take out and keep in force during the Term: (a) comprehensive general public Tenant shall, at its expense, maintain at all times a policy or policies of insurance insuring Tenant against all liability (including bodily injury, for injury to or death of a person or persons and for damage to or destruction of property damage) insurance on an occurrence basis occasioned by or arising out of or in connection with respect to the business carried on, in use or from occupancy of the Leased Premises and the Tenant's use and occupancy thereof of not less than $2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims or by the condition of the Leased Premises (including Tenant’s contractual liability to indemnify and defend Landlord) with a combined single limit of $1,000,000 for bodily injury and property damages, or with increased limits as may be required from time to time by Landlord by giving notice to Tenant. Tenant’s policies must be written by an insurance company or companies satisfactory to Landlord and licensed to do business in the State of Texas with Landlord and Landlord’s manager named as additional insureds without restriction. If Tenant has an umbrella or excess policy, Tenant shall name Landlord and Landlord’s manager as if additional insureds without restriction on all layers of umbrella or excess policies. Tenant shall obtain a written obligation on the part of each insurance company to notify Landlord were separately insured;at least fifteen (15) days prior to cancellation of the insurance. (b) insurance, for the full replacement cost in respect Tenant shall deliver copies of fire and such other perils, including sprinkler leakage as are from time its insurance policies or duly executed certificates of insurance to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect prior to insured Leasehold Improvements and provide that occupying any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost part of the Leased Premises. All Tenant shall deliver satisfactory evidence of renewals of the insurance required policies to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide at least thirty (30) days prior to the Landlord 30 days prior written notice expiration of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlordrespective policies. The If Tenant fails to comply with these insurance requirements, Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to obtain the insurance and Tenant shall pay to Landlord on demand as additional Rent the premium cost thereof plus interest at the Interest Rate from the date of payment by Landlord until paid by Tenant. (c) Tenant shall insure that all contractors, subcontractors, moving companies and others performing work of any type for Tenant in the Building shall comply with the insurance requirements set out on Exhibit E attached hereto and incorporated herein by reference, as such requirements may be revised from time to time required to be effected by the Tenant and its renewal or continuation in forceLandlord.

Appears in 1 contract

Samples: Lease Agreement (Sigmatel Inc)

Tenant’s Insurance. The Tenant shall take out TENANT covenants and keep in force during the Termagrees with LANDLORD that TENANT shall: (a) comprehensive general public liability At TENANTS sole cost and expense, during the entire Term hereof, procure, pay for and keep in full force and effect; (including bodily injury, death and property damagei) insurance on an occurrence basis form commercial general liability policy, covering the Demised Premises and the operations of Tenant and any person conducting business in, on or about the Demised Premises in which the limits with respect to the business carried on, in or from the Leased Premises liability and the Tenant's use and occupancy thereof of property damage shall not be less than One Million ($2,000,000.00 1,000,00.00) Dollars per occurrence which insurance shall include the Landlord (ii) all risk property insurance, including theft coverage, written at replacement cost value and a replacement cost endorsement insuring TENANT’S improvements and betterments, fixtures, furnishings, equipment and any other property belonging to TENANT; and (iii) workers compensation coverage as a named insured and shall protect the Landlord in respect of claims required by the Tenant provisions of Florida statute. Any consignment agreement used by TENANT must provide that consignor acknowledge that the LANDLORD does not have any liability whatsoever for any damage which may be done to items left in the Demised Premises on consignment. The TENANT must provide the LANDLORD with a copy of any consignment agreement used by TENANT regarding Demised Premises. LANDLORD shall not be responsible for damage to any property belonging to TENANT or consignor. TENANT completely indemnifies the LANDLORD with regard to any claims made by any consignor for any reason. From time to time during this Lease, at LANDLORD’S request, TENANT shall (i) procure, pay for and keep in full force and effect such other insurance as if LANDLORD shall require and (ii) increase the Landlord were separately insured;limits of such insurance as LANDLORD may reasonably require. (b) All policies of insurance required to be carried by TENANT pursuant to this lease shall be written by responsible insurance companies authorized to do business in Florida with an AM Best rating of A-VI or better. Any such insurance required to be carried by TENANT hereunder may be furnished by TENANT under any blanket policy carried by it or under a separate policy therefore. A copy of each paid up policy evidencing such insurance or a certificate of the insurer, certifying that such policy has been issued, providing the coverage required by this Lease and containing provisions specified herein, shall be delivered to LANDLORD prior to the commencement of the Term of this Lease and, upon renewals, but not less than sixty (60) days prior to the expiration of such coverage. In the event TENANT shall fail to procure such insurance, LANDLORD may, at its option, procure the same for the full replacement cost in respect account of fire and such other perilsTENANT, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and cost thereof shall be paid to LANDLORD as an additional charge upon receipt by TENANT of bills therefore, together with an administrative fee equal to fifteen (15%) percent to cover the furniture and equipment cost of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect LANDLORD’S efforts to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available procure such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; andpolicy. (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All Each policy evidencing insurance required to be maintained carried by TENANT pursuant to this Lease shall contain the Tenant hereunder following provisions and/or clauses: (i) a provision that such policy and the coverage evidenced thereby shall be on terms primary and non-contributing with insurers respect to which any policies carried by LANDLORD; (ii) a provision naming LANDLORD and any other parties in interest as designated by LANDLORD as an additional insured (except with respect to worker’s compensation insurance); and (iii) a provision that the Landlord has no reasonable objectioninsurer will not cancel, shall provide that materially change or fail to renew the coverage provided by such insurers shall provide to the Landlord 30 policy without first giving LANDLORD thirty (30) days prior written notice of cancellation notice. Any general liability or material alteration of such terms and shall waive other policy insuring the LANDLORD does not provide any right of subrogation against the Landlordcontributing or excess coverage for TENANT. The Landlord may require policies TENANT procures for TENANT’S exposure are the Tenant only coverage available to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forceTENANT.

Appears in 1 contract

Samples: Lease Agreement

Tenant’s Insurance. The Tenant Tenant, at its own expense, shall take out and keep in force maintain during the Term: term of this Lease a policy or policies of workers’ compensation (ato the extent required by law) and comprehensive general public liability (insurance, including bodily injury, death personal injury and property damage) insurance on an occurrence basis , with respect to the business carried oncontractual liability endorsement, in or from the Leased Premises amount of Five Hundred Thousand Dollars ($500,000.00) for property damage and the Tenant's use and occupancy thereof of not less than One Million Dollars ($2,000,000.00 1,000,000.00) per occurrence which insurance shall include and Two Million Dollars ($2,000,000.00) in the aggregate for personal injuries or deaths of persons occurring in or about the Premises. Landlord as a named insured and shall protect the Landlord in respect may revise these minimum levels of claims by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are coverage from time to time defined in as it reasonably determines. Tenant, at its own expense, also shall maintain during the usual term of this Lease, fire and extended coverage endorsement insurance covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of (a) all alterations, additions, partitions and improvements installed or placed on the Leased Premises by Tenant or by Landlord on behalf of Tenant except the initial improvements existing at the time of Tenant’s Commencement Date and (b) Tenant’s personal property contained within the Premises. All Said policies shall (i) name Landlord and Landlord’s management company and mortgagee as additional insureds and insure Landlord’s and its management company’s and mortgagee’s contingent liability under or in connection with this Lease (except for any workers’ compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued by an insurance required company which is acceptable to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord or has no reasonable objectionan “A-” or better AM Best rating, shall (iii) provide that such insurers said insurance shall provide to the Landlord 30 days not be canceled unless thirty (30) days’ prior written notice has been given to Landlord and (iv) comply with the requirements of cancellation Paragraph 10(D) below. Said policy or material alteration policies or certificates thereof shall be delivered to Landlord by Tenant on or before the Commencement Date and upon each renewal of such terms and shall waive any right of subrogation against the Landlord. The Landlord may require the Tenant to furnish certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in forcesaid insurance.

Appears in 1 contract

Samples: Lease Agreement (Rules-Based Medicine Inc)

Tenant’s Insurance. The Tenant shall take shall, at its sole cost and expense, procure and maintain through the term of this Lease a policy or policies of insurance insuring Tenant against any and all liability for injury to or death of a person or persons and for damage to or destruction of property occasioned by or arising out and keep of or in force during connection with the Term: (a) comprehensive general public liability (including bodily injury, death and property damage) insurance on an occurrence basis with respect to the business carried on, in use or from occupancy of the Leased Premises and the Tenant's use and occupancy thereof of not less than $2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims or by the Tenant as if the Landlord were separately insured; (b) insurance, for the full replacement cost in respect of fire and such other perils, including sprinkler leakage as are from time to time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost condition of the Leased Premises. All insurance Premises (including the contractual liability of Tenant to indemnify Landlord contained herein) with a combined single limit of $1,000,000.00 for bodily injury and/or property damages, or with such other limits as may be required by Landlord, and to be maintained written by an insurance company or companies satisfactory to Landlord and licensed to do business in the State of Texas with Landlord named as an additional insured. If Tenant hereunder has an umbrella or excess policy, Tenant will name Master Landlord, Landlord and Master Landlord's manager, as additional named insureds on all layers of umbrella or excess policies. Tenant shall obtain a written obligation on the part of 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 relating thereto shall be on terms promptly delivered to Landlord within five (5) days after the execution of this Lease and with insurers renewals thereof as required shall be delivered to which the Landlord has no reasonable objection, shall provide that such insurers shall provide at least fifteen (15) days prior to the Landlord 30 days prior written notice expiration of cancellation or material alteration of such terms and shall waive any right of subrogation against the Landlordrespective policy terms. The In addition to all other remedies Landlord may require have under this Lease, if Tenant fails to comply with the foregoing requirements relating to insurance, Landlord may obtain such insurance and Tenant shall pay as additional Rent to furnish certificates or other evidence acceptable to Landlord on demand the premium cost thereof plus interest at the rate of eighteen percent (18%) per annum from the date of payment by Landlord as to the insurance from time to time required to be effected until repaid by the Tenant and its renewal or continuation in forceTenant.

Appears in 1 contract

Samples: Office Sublease (Advancepcs)

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