Tenant’s Insurance. The Tenant shall, during the 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 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 on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single person, and to the limit of 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 $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. 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 damage that would have been insured by said policies but for Tenant's failure to obtain such insurance.
Appears in 1 contract
Samples: Lease Agreement (Iomed Inc)
Tenant’s Insurance. The Tenant shallTenant, at its expense, shall maintain in force during the entire term of this Lease, at the Tenant's sole cost and expense, but for the mutual benefit of the Landlord and Tenant, maintain Term:
A. Comprehensive general public liability insurance against claims insurance, which shall include coverage for personal liability, contractual liability, tenant's legal liability, business interruption, bodily injury, death or and property damage occurring upondamage, in or about all on an occurrence basis with respect to the entire property described on Exhibit "B" attached hereto and business carried on, in in, or about from the adjoining streets Premises and passagewaysTenant's use and occupancy of the Premises, such insurance to afford protection to the limit of not less than $1,000,000 in respect to with coverage for injury or death to a single person, and to the limit of any one person in an amount of not less than $2,000,000 in respect to and for injury or death of more than any one accident, and to the limit person in any one occurrence in an amount of not less than $250,000 in respect 5,000,00 and for damage to property damage or a combined single limit policy of not less than $2,000,000 per occurrence. All policies shall name 500,000 or such other amounts as Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 require upon not less than A and a financial rating of AAAsixty (60) days' prior written notice, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing which insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the include Landlord, as the Beneficiary, the Manager, or their respective interests agents and employees as named insureds and shall protect them in respect of claims by Tenant as if they were separately insured; and
B. Insurance against such other perils and in such amounts as Landlord may appear. Said required Tenant insurance coverage shall be verified from time to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given time reasonably require upon not less than thirty (30) days days' prior written notice prior notice, such requirement to any cancellation or alteration be made on the basis that the required insurance is customary at the time for prudent tenants of any policyproperties similar to the Complex in the Chicago, except ten (10) business days written notice for non-payment of premiumIllinois area. To the extent that Tenant fails All insurance required to provide the foregoing insurance, either hazard or liability, be maintained by Tenant shall be responsible on terms and with insurers reasonably acceptable to Landlord. Each policy 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 Beneficiary, the Manager or their respective agents or employees, and shall also contain an undertaking by the insurer that no material change adverse to Landlord or Tenant will be made, and the policy will not lapse or be cancelled, except after not less than thirty (30) days' prior written notice to Landlord of the intended change, lapse or cancellation. Tenant shall furnish to Landlord, if and whenever requested by it, certificates or other evidences acceptable to Landlord as his interest appears, for such damage that would have been insured to the insurance from time to time effected by said policies but for Tenant's failure to obtain such insuranceTenant and its renewal or continuation in force.
Appears in 1 contract
Samples: Sublease (Maxxis Group Inc)
Tenant’s Insurance. The 20.1 On or before the earlier to occur of (i) the Commencement Date, or (ii) the date Tenant shallcommences any work of any type in the Premises pursuant to this Lease (which may be prior to the Commencement Date), during and continuing throughout the entire term Term hereof and any other period of this Leaseoccupancy, Tenant agrees to keep in full force and effect, at the Tenant's its sole cost and expense, but for the mutual benefit of the Landlord and Tenant, maintain general public liability insurance against claims for personal injury, death or property damage occurring upon, in or about the entire property described specified on Exhibit "B" E attached hereto and on, in hereto. Landlord reserves the right to require any other form or about the adjoining streets and passageways, such insurance to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single person, and to the limit of 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 $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of insurance as Tenant or Landlord or any mortgagees of Landlord may be reasonably required require from time to cover future time in form, in amounts, and for insurance risks against which a prudent Tenant tenant would protect itself, but only to the extent coverage for such risks and amounts are available in the insurance market at commercially acceptable rates. Landlord makes no representation that the limits of liability required to be carried by Tenant under the terms of this Lease are adequate to protect Tenant’s interests and Tenant should obtain such additional insurance or increased liability limits as Tenant deems appropriate.
20.2 All policies required to be held by Tenant under this Lease must be in a form reasonably satisfactory to Landlord and issued by an insurer permitted to do business in the State. All policies of insurance provided for herein shall must be issued by insurance companies insurers with a general policy holder's policyholder rating of not less than A “A-” and a financial rating of AAA, as rated ‘‘VIII’’ in the most current available "recent version of Best's ’s Key Rating Guide" Insurance Reports. All policies must contain a requirement to notify Landlord (and Landlord’s property manager and any mortgagees or ground lessors of Landlord who are named as additional insured, and qualified to do business if any) in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given writing not less than thirty (30) days written notice prior to any material change, reduction in coverage, cancellation or alteration of any policyother termination thereof, except ten (10) business days written notice for if such cancellation is due to non-payment of premium. To the extent that Tenant fails agrees to provide the foregoing insurance, either hazard or liability, Tenant shall be responsible deliver to Landlord, as his interest appearssoon as practicable after placing the required insurance, for but in any event within the time frame specified above, certificate(s) of insurance, additional insured endorsements and/or if required by Landlord, certified copies of each policy evidencing the existence of such damage that would insurance and Tenant’s compliance with the provisions of this Section. Tenant agrees to cause replacement policies or certificates and additional insured endorsements to be delivered to Landlord not less than ten (10) days prior to the expiration of any such policy or policies. If any such initial or replacement policies or certificates are not furnished within the time(s) specified herein, Landlord will have been insured by said policies the right, but for Tenant's failure not the obligation, to obtain such insurance as Landlord deems necessary to protect Landlord’s interests at Tenant’s expense. Each policy shall contain: (i) a cross-liability endorsement; and (ii) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord which shall be excess insurance.
20.3 Notwithstanding anything contained herein to the contrary, the foregoing shall not be construed, interpreted, or deemed (i) a waiver of any default created by reason of Tenant’s failure to provide the insurance called for in this Lease; (ii) to limit any other right or remedy of Landlord; (iii) to relieve Tenant of its obligations regarding maintenance of insurance as provided by the Lease; or (iv) be considered a policy of insurance in favor of Tenant.
20.4 Failure of Landlord to demand delivery of, or identify deficiency within, any certificate of insurance, additional insured endorsement or policy form shall not be construed as a waiver of Tenant’s obligations under this Section. The acceptance of delivery by the Landlord of any certificate of insurance, additional insured endorsement or policy does not constitute approval or agreement by the Landlord that the insurance policies evidenced are in compliance with the requirements. No endorsement limiting or excluding a required coverage is permitted. By requiring insurance, Landlord does not represent that coverage and limits will necessarily be adequate to protect the Tenant. Insurance effected or procured by the Tenant will not reduce or limit the Tenant’s contractual obligation to indemnify and defend Landlord for claims or suits that result from or are connected with this Agreement.
20.5 Not less than every three (3) years during the Term, Landlord shall have the right to make changes in the minimum requirements for all insurance to be carried by Tenant as set forth in this Section. Such changes will be consistent with the insurance required in leases then being negotiated by Landlord involving similar tenants, buildings, geography, and other relevant factors.
Appears in 1 contract
Samples: Office Lease Agreement
Tenant’s Insurance. The Tenant shall, during the entire term of this Leasehereof, at the Tenant's ------------------ its sole cost and expense, but for obtain, maintain and keep in full force and effect, and with the mutual benefit Tenant, the Landlord and its mortgagees of the Landlord named as beneficiaries additional insured therein as their respective interests may appear, the following types and kinds of insurance:
(a) Upon property of every description and kind owned by the Tenant and located in Building Complex or for which the Tenant is legally liable or installed by or on behalf of the Tenant, maintain including, without limitation, furniture, fittings, installations, alterations, additions, partitions, fixtures and anything in the nature of a leasehold improvement in an amount not less than the full replacement cost thereof, with a minimum coverage including sprinkler leakage (where applicable).
(b) Commercial general liability including bodily liability, property damage and public liability insurance against claims including personal liability, contractual liability, non-owned automobile liability, tenants' legal liability for personal injurythe full replacement costs of Premises, death or property damage occurring upon, in or about the entire property described on Exhibit "B" attached hereto and on, in or about the adjoining streets owners' and passageways, such contractors' protective insurance to afford protection coverage and a cross-liability clause with respect to the limit Tenant's use of any part of the Premises and which coverage shall include the business operations conducted by the Tenant and any other persons on Premises. Such policies shall be written on a comprehensive basis with limits of not less than $1,000,000 in 3,000,000.00 with respect to injury injuries or death to a single personof one or more persons, and to the limit of not less than $2,000,000 in 1,000,000.00 with respect to any one accident, property damage and to the limit of not less than $250,000 in respect to property damage 2,000,000.00 for any one occurrence and such higher limits as the Landlord or a combined single limit policy not less than $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee mortgagees of the property as an additional named insured, as their interest Landlord may appearreasonably require from time to time. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage Deductibles are not to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares exceed $5,000.00.
(c) Any other form or merchandise, that it may have in or on or about the Demised Premises. Other forms of insurance as the Landlord or the mortgagees of the Landlord may be reasonably required require from time to cover future time in form, in amounts and for insurance risks against which a prudent Tenant tenant would protect itself. All policies , which are commonly carried by landlords of insurance provided for herein similar properties.
(d) If Tenant performs any work on Premises, prior to the commencement of any such work, Tenant shall be deliver to Landlord certificates issued by insurance companies with a general policy holder's rating of not less than A and a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state State of UtahColorado, evidencing that workmen's compensation and public liability insurance and property damage insurance, all in amounts reasonably satisfactory to Landlord, are in force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All policies shall be primary and non-contributory and taken out with insurers reasonably acceptable to the Landlord and in form reasonably satisfactory from time to time to the Landlord. All policies shall be with insurers that have a Best Rating of "A" or better. The Tenant agrees that certificates of insurance, or, if required by the Landlord or the mortgagees of the Landlord, certified copies of each such insurance policies for the foregoing insurance shall provide that the proceeds thereof shall will be payable to the Tenant and delivered to the Landlord, if policies are required by Landlord's mortgagee or if not so required then Tenant will deliver certificates of insurance, as their respective interests may appearsoon as practicable after the placing of the required insurance, but in no event later than ten (10) days after Tenant takes possession of all or any part of Premises. Said required Tenant insurance coverage shall be verified to To the Landlord by an insurance carrier in the form extent copies of either policies are required, then if such policies are blanket policies then a binder together with a certified copy of the form of the policy or other written verification of insurance coverage acceptable shall be delivered to Landlord. All policies shall contain an undertaking by the insurers to notify the Landlord and the lending institution for mortgagees of the Demised Premises. Such insurance policies shall provide that Landlord be given in writing not less than thirty (30) days written notice prior to any material change, cancellation or alteration sooner termination thereof. The Tenant covenants and agrees that in the event of any policydamage or destruction to the leasehold improvements in Premises covered by insurance as required to be taken out by the Tenant herein, except ten (10) business days written notice and if the Landlord or Tenant do not terminate this Lease pursuant to Section 21.1 herein, the Tenant may use the proceeds of such insurance for non-payment the purpose of premiumrepairing or restoring such leasehold improvements which were paid by the Tenant. To the extent that If Tenant fails elects not to provide the foregoing insurancerepair or restore, either hazard Landlord shall have no responsibility or liability, Tenant shall be responsible to Landlord, as his interest appears, for such damage that would have been insured by said policies but for Tenant's failure to obtain such insuranceliability therefor.
Appears in 1 contract
Tenant’s Insurance. The Tenant shall, at its own expense, maintain in full force and effect during the entire term Lease Term the following insurance:
(a) Tenant shall maintain a policy or policies of this Lease, at the Tenant's sole cost and expense, but for the mutual benefit of the Landlord and Tenant, maintain comprehensive general public liability insurance (or “commercial” general liability insurance, if such policy is substantially similar to what was previously known as comprehensive general liability insurance), including fire and property damage carried with a company or companies satisfactory to Landlord, which will insure Tenant and Landlord (and such others as are timely designated by Landlord) against claims liability for personal injury, death or bodily injury, death, and damage to property damage (including but not limited to, Tenant’s personal property, inventory, trade fixtures and improvements constructed by Tenant within the Premises with coverage for the full actual replacement cost thereof), occurring upon, in or about about, or resulting from any occurrence in or about, the entire Premises or use or occupancy of the Premises (and Tenant’s operations on the Premises) or arising out of Tenant’s or its agents’, employees’, or representatives’ use of the Building, Common Areas or Project with combined single limit coverage of not less than three million dollars ($3,000,000.00). Such comprehensive (or commercial) general liability insurance shall be extended to include a “blanket contractual liability” endorsement, if reasonably available, insuring Tenant’s performance of Tenant’s obligation to indemnify Landlord contained in Paragraph 12.1 and all of the other broadened liability features normally contained in an extended liability endorsement. If Landlord’s lender, insurance advisor or counsel reasonably determines at any time that the amount of such coverage is not adequate (such determination to be made not more frequently than every three (3) years), Tenant shall increase such coverage to such amount as Landlord’s lender, insurance advisor or counsel reasonably deems adequate. The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord, prior to possession, and at least thirty (30) days prior to the expiration of any policy, a certificate of insurance evidencing the existence of the policy required hereunder and such certificate shall certify that the policy (i) names Landlord as additional insured, (ii) shall not be canceled or reduced in coverage without thirty (30) days prior written notice to Landlord, (iii) insures performance of the indemnity set forth in Paragraphs 12.1, above; (iv) provides coverage which is primary and not contributing with and not in excess of coverage which Landlord may carry; and (v) contains a cross-liability endorsement providing coverage for claims between or among insureds. In the event Tenant fails to procure and maintain such insurance, Landlord may (but shall not be required to) procure the same at Tenant’s expense after ten (10) days prior written notice. No such policy shall be cancelable or subject to reduction of coverage or other modification except after thirty (30) days prior written notice to Landlord by the insurer. All such policies shall be written as primary policies, not contributing with and not in excess of coverage which Landlord may carry. Tenant shall have the right to provide such insurance coverage pursuant to blanket policies obtained by Tenant provided such blanket policies expressly afford coverage to the Premises and to Tenant as required by this lease.
(b) Tenant, at its sole cost, shall procure and maintain in force during the Lease Term, “all-risk” property described insurance, including vandalism, sprinkler damage, and malicious mischief on Exhibit "B" attached hereto all leasehold improvements installed in the Premises by Tenant at its expense and all equipment, trade fixtures and personal property located on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single person, and to the limit of 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 $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance shall be an amount equal to the full replacement cost of the aggregate of the foregoing.
(c) The policies required to be maintained by Tenant pursuant to subparagraphs (a) and (b) above shall be with companies, on forms, with deductible amounts (if any) and loss payable clauses reasonably satisfactory to Landlord and shall include Landlord and the beneficiary of any deed of trust encumbering the Premises as additional insureds, and shall provide that Landlord be given thirty (30) days written notice prior to such parties may, although additional insureds, recover for any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. 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 damage that would have been insured loss suffered by said policies but for Tenant's failure to obtain such insurance’s negligence.
Appears in 1 contract
Tenant’s Insurance. The Tenant shall, at its own expense, take out and keep in force during the entire term of this LeaseTerm:
(i) inclusive limits commercial general liability insurance, at the Tenant's sole cost and expense, but for the mutual benefit of the Landlord and Tenant, maintain general public liability insurance against claims which shall include coverage for personal injury, contractual liability, non-owned automobile liability insurance and owned automobile insurance covering bodily injury, death or and property damage occurring upondamage, in or about the entire property described all on Exhibit "B" attached hereto and on, in or about the adjoining streets and passageways, such insurance to afford protection an occurrence basis with respect to the limit business carried on in the Premises and the Tenant’s use and occupancy of the Premises, with coverage for any one occurrence or claim of not less than Five Million Dollars ($1,000,000 5,000,000.00) or such other amount as the Landlord and Tenant may from time to time agree to, acting reasonably, at any time during the Term;
(ii) tenant’s legal liability on an “all risk” format in respect to injury or death to a single person, and to the limit of an amount not less than $2,000,000 in the full replacement cost of the Leasehold Improvements.
(b) “all risks” insurance including earthquake, flood and sewer backup perils covering all property owned by the Tenant, or for which the Tenant is legally liable, located within the Premises, including, but not limited to, Leasehold Improvements, trade fixtures, and furniture and equipment, and burglary insurance with respect to any one accident, and to the limit of Building for not less than $250,000 the full replacement cost thereof, and which insurance shall include a by-law endorsement;
(c) when applicable, and if not insured under subsection 10.1(b), comprehensive boiler and machinery insurance with limits for each accident in respect to property damage or a combined single limit policy an amount not less than $2,000,000 per occurrence. All policies shall name Landlord full replacement costs of all Leasehold Improvements and of all boilers, pressure vessels, heating, ventilating and air-conditioning equipment and miscellaneous electric apparatus owned or operated by the mortgagee Tenant or by others (other than the Landlord) on behalf of the property as an additional named insuredTenant in the Premises, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. or relating to or serving the Premises;
(d) “Extra Expense” insurance for a minimum period of twelve (12) months in the amount which will reimburse Tenant shall also provide insurance coverage extra expenses attributable to all perils insured against under subsection 10.2(b) or attributable to prevention of access to the extent Premises as a result of any such perils; and
(e) insurance against such other perils and in such amounts as the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares Landlord or merchandise, that it any mortgagee may have in or on or about the Demised Premises. Other forms of insurance may be from time to time 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 require upon not less than A and a financial rating of AAAsixty (60) days’ notice, as rated such requirement to be made on the basis that the required insurance is customary at the time in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state City of Utah. The policies Vancouver for the foregoing insurance shall provide that the proceeds thereof shall be payable tenants of buildings similar to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. 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 damage that would have been insured by said policies but for Tenant's failure to obtain such insuranceBuilding.
Appears in 1 contract
Samples: Lease (Ritchie Bros Auctioneers Inc)
Tenant’s Insurance. The Tenant shall obtain and keep in force at all times during the term hereof, at its own expense, the following insurance, in the amounts specified or such other amounts as Landlord may from time to time reasonably request, with insurance companies and on forms reasonably satisfactory to Landlord:
(a) Commercial general liability insurance including contractual liability and personal injury liability and all similar coverage, with combined single limits of $3,000,000.00 on account of bodily injury to or death of one or more persons as the result of any one accident or disaster and on account of damage to property;
(b) Tenant shall also require its movers to procure and deliver to Landlord a certificate of insurance naming Landlord as an additional insured.
(c) Tenant shall, during the entire term of this Lease, at the Tenant's its sole cost and expense, but for maintain in full force and effect on all Tenant’s trade fixtures, equipment and personal property on the mutual benefit Premises, a policy of “special form” property insurance covering the Landlord and Tenant, maintain general public full replacement value of such property.
(d) All liability 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 on, in or about the adjoining streets and passageways, such insurance required hereunder shall not be subject to afford protection cancellation without at least thirty (30) days prior notice to the limit of not less than $1,000,000 in respect to injury or death to a single personall insureds, and to the limit of 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 $2,000,000 per occurrence. All policies shall name Landlord Landlord, Brandywine Realty Trust, Landlord’s Agent and the mortgagee of the property Tenant as insureds, as their interests may appear, and, if requested by Landlord, shall also name as an additional named insuredinsured any mortgagee or holder of any mortgage which may be or become a lien upon any part of the Premises. Prior to the commencement of the Term, as their interest may appear. The initial mortgagee Tenant shall be State Farm Life Insurance Companyprovide Landlord with certificates which evidence that the coverages required have been obtained for the policy periods. Tenant shall also provide insurance coverage furnish to Landlord throughout the extent term hereof replacement certificates within ten (10) business days following the expiration dates of the full replacement value covering all of Tenant's propertythen current policy or policies, fixturesprovided, equipment, tools, improvements, stock, goods, wares or merchandisehowever, that it may have in or on or about the Demised Premises. Other forms of no event shall Tenant permit a lapse in continuous required insurance may be reasonably required to cover future risks against which a prudent Tenant would protect itselfcoverage. All policies of the insurance provided for herein required under this Lease shall be issued by insurance companies authorized to do business in the State of New Jersey with a general policy holder's rating of not less than A and a financial rating of AAA, at least an A-X as rated in the most current available "recent edition of Best's Guide" ’s Insurance Reports, Reports and qualified to do in business in for the state of Utahpast five years. The policies for the foregoing limit of any such insurance shall provide that not limit the proceeds thereof shall liability of Tenant hereunder. If Tenant fails to maintain such insurance, Landlord may, but is not required to, procure and maintain the same, at Tenant’s expense to be payable to the reimbursed by Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given Additional Rent within thirty (30) days of written notice demand. Any deductible under such insurance policy in excess of Twenty Five Thousand ($25,000) must be approved by Landlord in writing prior to any cancellation or alteration issuance of any such policy, except ten (10) business days written notice for non-payment of premium. To the extent that Tenant fails to provide the foregoing insurance, either hazard or liability, Tenant shall be responsible to not self-insure without Landlord, as his interest appears, for such damage that would have been insured by said policies but for Tenant's failure to obtain such insurance’s prior written consent.
Appears in 1 contract
Samples: Lease (Celsion CORP)
Tenant’s Insurance. The Tenant shall, during the entire term of this Lease, at the Tenant's sole cost and ----------------------------------- expense, but maintain throughout the Term the following insurance coverages:
(a) Commercial general liability insurance for any injury to person or property occurring on the Property, naming as additional insureds Landlord and such persons, including Landlord's managing agent, as Landlord shall designate from time to time, in amounts which shall, at the beginning of the term, be at least equal to the limits set forth in Section 1, and, from time to time during the Term of this Lease, shall be for such higher limits as are reasonably required by Landlord; and
(b) insurance against loss or damage by fire, and such other risks and hazards as are insurable under then available standard forms of "all risk" property insurance policies with extended coverage, insuring all fixtures, furniture and other personal property of Tenant, and all alterations, additions, and improvements to the Premises for the mutual benefit replacement cost value thereof, having a deductible amount, if any, of not greater than $50,000.00;
(c) during the performance of any construction work in the Premises by Tenant or its contractors, until completion thereof, builder's risk insurance on an "all risk" basis and on a completed value form including a "permission to complete and occupy endorsement", for full replacement cost, covering the interest of Landlord and TenantTenant (and their respective contractors and subcontractors), maintain general public liability insurance against claims for personal injuryany Mortgagee, death or property damage occurring upon, in all work incorporated in the Building and all materials and equipment in or about the entire property described on Exhibit "B" attached hereto and onPremises;
(d) workers' compensation insurance, in or about the adjoining streets amounts and passageways, such with coverages as required by law;
(e) business interruption insurance to afford protection to the limit in an amount of not less than $1,000,000 in respect to injury or death to a single person, and to the limit of 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 $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee 12 months of the property Rent payable under this Lease; and
(f) such other insurance in such amounts as an additional named insured, as their interest Landlord or any Mortgagee may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage reasonably require from time to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. 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 damage that would have been insured by said policies but for Tenant's failure to obtain such insurancetime.
Appears in 1 contract
Tenant’s Insurance. The Tenant shallshall purchase, at its own expense, and keep in force at all times during the entire term of this Lease, at Lease Term the Tenant's sole cost and expense, but for the mutual benefit of the Landlord and Tenant, maintain general public liability 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 on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single person, and to the limit of 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 $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 set forth below (collectively, "Tenant's Policies"). All Tenant's Policies shall: (a) be issued by an insurance companies company with a general policy holderBest's rating of not less than A or better and a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, otherwise reasonably acceptable to Landlord and qualified shall be licensed to do business in the state of Utahin which the Leased Premises are located, (b) provide that said insurance shall not be canceled or materially modified unless 30 days' prior written notice shall have been given to Landlord, (c) provide for deductible amounts that are reasonably acceptable to Landlord (and its lender, if applicable), and (d) otherwise be in such form, and include such coverages, as Landlord may reasonably require . The policies 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 an additional insured, (3) provide coverage, to the extent insurable, for the foregoing insurance 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 provide that be delivered to Landlord prior to the proceeds Commencement Date and renewals thereof shall be payable 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: (A) order such insurance and charge the cost thereof to the LandlordTenant, which amount shall be payable by Tenant to Landlord upon demand, as their respective interests may appear. Said required Additional Rent and (B) impose on Tenant, as Additional Rent, a monthly delinquency fee, for each month during which Tenant insurance coverage shall be verified fails to comply with the Landlord by foregoing obligation, in an insurance carrier in the form of either a certified copy amount equal to five percent (5%) of the policy or other written verification of insurance coverage acceptable Monthly Rental Installments then in effect. Tenant shall give prompt notice to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration Agent of any policybodily injury, except ten death, personal injury, advertising injury or property damage occurring in and about the Development. Tenant shall purchase and maintain throughout the Term, a Tenant's Policy(ies) of: (10i) commercial general or excess liability insurance, including personal injury and property damage, in the amount of not less than $2,000,000.00 per occurrence, and $5,000,000.00 annual general aggregate, per location, (ii) comprehensive automobile liability insurance covering Tenant against any personal injuries or deaths of persons and property damage based upon or arising out of the ownership, use, occupancy or maintenance of a motor vehicle at the Development and all areas appurtenant thereto in the amount of 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 applicable state statutes covering all employees of Tenant, (v) business days written notice for non-payment of premium. To the extent that interruption insurance with limits not less than an amount equal to one (1) year's Rent due hereunder, (vi) if Tenant fails to provide the foregoing handles, stores or utilizes Hazardous Substances in its business operations, pollution legal liability insurance, either hazard and (vii) any other insurance coverages deemed appropriate by Landlord or liability, Tenant shall be responsible to required by Landlord, as his interest appears, for such damage that would have been insured by said policies but for Tenant's failure to obtain such insurancelender.
Appears in 1 contract
Tenant’s Insurance. The Tenant shall, shall take out and keep in force during the entire term of this LeaseTerm:
(i) comprehensive general public liability insurance covering personal and bodily injury, at death and property damage on all occurrence basis with respect to all construction, installation and alterations done in the premises by the Tenant, the business carried on in or from the Leased Premises, the Tenant's sole use and occupancy of the Leased Premises and of any other part of the Property, with coverage for any one occurrence or claim of not less than Two Million Dollars ($2,000,000) or such other amount as the Landlord may reasonably require upon not less than one (1) months' notice at any time during the Term, 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.
(ii) Tenant's all risk legal liability insurance in an amount not less than the replacement cost of the Leased Premises;
(iii) insurance in respect of fire and expensesuch other perils as are from time to time defined in the usual extended coverage endorsement covering the Tenant's leasehold improvements, but trade fixtures, and the furniture and equipment to their full insurable value;
(iv) plate glass insurance, for the mutual benefit of the Landlord and all mortgagees of the Landlord (the "Mortgagee") and the Tenant, maintain general public liability insurance against claims for personal injurycovering all plate glass in the Leased Premises, death or property damage occurring uponincluding all thermopane glass and plate glass windows and doors, in or about the entire property described on Exhibit "B" attached hereto and on, in or about the adjoining streets and passageways, such insurance to afford protection an amount equal to the limit full insurable value thereof. All insurance shall be effected with insurers and brokers and upon terms and conditions satisfactory to the Landlord. The Tenant shall furnish to the Landlord, upon occupancy of not less than $1,000,000 the premises and upon an annual policy renewal basis thereafter for each year the Lease is in respect effect, certificates or other evidences acceptable to injury the Landlord as to the insurance from time to time effected by the Tenant and its renewal or death continuation in force, together with evidence as to a single personthe method of determination of full replacement cost of the Tenant's leasehold improvements, trade fixtures, furniture and equipment, and to if the limit of 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 $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of reasonably concludes that the full replacement value covering cost has been underestimated, the Tenant shall forthwith arrange for any consequent increase in coverage required under sub-paragraph (b). If the Tenant shall fail to take out, renew and keep in force such insurance, or if the evidences submitted to the Landlord are unacceptable to the Landlord (or no such evidences are submitted within a reasonable period after request therefor by the Landlord), then the Landlord may give to the Tenant written notice requiring compliance with this sub-paragraph and specifying the respects in which the Tenant is not then in compliance with this sub-paragraph. If the Tenant does not within five (5) days provide appropriate evidence of compliance with this sub-paragraph, the Landlord may (but shall not be obligated to) obtain some or all of Tenant's propertythe additional coverage or other insurance which the Tenant shall have failed to obtain, fixtureswithout prejudice to any other rights of the Landlord under this Lease or otherwise, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or and the Tenant shall pay all premiums and other reasonable expenses incurred by the Landlord to the Landlord on or about the Demised Premises. Other forms of insurance may be reasonably required to cover future risks against which a prudent Tenant would protect itselfdemand. All policies of insurance provided for herein shall be issued by insurance companies with contain a general policy holder's rating waiver of not less than A and a financial rating subrogation clause in favour of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an and shall also contain a clause requiring the insurer not to cancel or change the insurance carrier in without first giving the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days prior written notice prior thereof. In the event that both the Landlord and the Tenant have claims to be indemnified under any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. To the extent that Tenant fails to provide the foregoing such insurance, either hazard or liability, Tenant the indemnity shall be responsible applied first to Landlordthe settlement of the claim of the Landlord and the balance, as his interest appearsif any, for such damage that would have been insured by said policies but for to the settlement of the claim of the Tenant's failure to obtain such insurance.
Appears in 1 contract
Samples: Lease Agreement (Landstar Inc)
Tenant’s Insurance. The Tenant shall, shall take out and keep in force during the entire term of this Lease, at the Tenant's sole cost and expense, but for the mutual benefit of the Landlord and Tenant, maintain Term:
(a) comprehensive general public liability insurance against claims for personal (covering bodily injury, death or and property damage occurring upondamage) on an occurrence basis with respect to all construction, installation and alterations done in or about the entire property described on Exhibit "B" attached hereto and Leased Premises by the Tenant, the business carried on, in or about from the adjoining streets Leased Premises and passagewaysthe Tenant's use and occupancy thereof, such insurance to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single person, and to the limit of 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 $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property ;
(b) insurance against all risks in such amounts as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of insurance may be reasonably required by the Landlord covering 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 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 insured Leasehold Improvements and a financial rating of AAA, as rated provide that any proceeds recoverable in the most current available "Best's Guide" Insurance Reports, and qualified event of loss to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof Leasehold Improvements shall be payable to the Landlord but the Landlord agrees to make available such proceeds towards the repair or replacement of the insured property if this Lease is not terminated pursuant to any provision hereof, 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 to the Landlord, Tenant as their respective interests in the Leasehold Improvements may appear. Said required Tenant , as determined by the Landlord, acting reasonably;
(c) plate glass insurance coverage (if there shall be verified 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 by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage and with insurers acceptable to the Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that such insurers shall provide to the Landlord be given thirty (30) days days' prior written notice prior to any of cancellation or material alteration of any policysuch 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, except ten (10) business days written notice for nonand shall contain a waiver of cross-payment of premiumclaim and subrogation against the Landlord and shall protect and indemnify both the Landlord and the Tenant. To the extent that Tenant fails to provide the foregoing insurance, either hazard or liability, The Tenant shall be responsible furnish to the Landlord 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 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 his interest appears, for such damage that would have been insured the agent of the Tenant and the Tenant shall repay to the Landlord any amounts paid by said policies but for Tenant's failure to obtain such insurancethe Landlord as premiums forthwith upon demand.
Appears in 1 contract
Tenant’s Insurance. The Tenant shall, shall take out and keep in force during the entire term of this LeaseTerm:
(a) commercial general liability (including bodily injury, at 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 sole cost use and expenseoccupancy thereof, but for the mutual benefit of the Landlord and Tenant, maintain general public liability 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 on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit of not less than $1,000,000 3,000,000 per occurrence, which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect to injury or death to a single person, and to of claims by the limit of not less than $2,000,000 Tenant as if the Landlord were separately insured;
(b) insurance 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 $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property such amounts as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of insurance may be reasonably required to cover future risks against which a prudent Tenant would protect itself. All policies by the Landlord in respect of insurance provided for herein shall be issued by insurance companies with a general policy holder's rating of not less than A fire and a financial rating of AAAsuch other perils, including sprinkler leakage, as rated are from time to time defined in the most current available "Bestusual extended coverage endorsement covering the Tenant's Guide" Insurance Reportstrade fixtures and the furniture and equipment of the Tenant and all Leasehold Improvements in the Leased Premises, and qualified which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to do business the insured Leasehold Improvements and provided that any proceeds recoverable in the state event of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof loss to Leasehold Improvements shall be payable to the Tenant and to the Landlord, as their respective interests may appearbut the Landlord agrees to make available such proceeds toward the repair or replacement of the insured property if this Lease is not terminated under any other provision hereof; and
(c) insurance upon all plate glass in or which forms a boundary of the Leased Premises in an amount sufficient to replace all such glass. Said All insurance required to be maintained by the Tenant insurance coverage hereunder shall be verified on terms and with insurers to which the Landlord has no reasonable objection and shall provide that such insurers shall provide to the Landlord 30 days' prior written notice of cancellation or material alteration of such terms. The Tenant shall furnish to the Landlord certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by an insurance carrier the Tenant and its renewal or continuation in the form force, either by means of either a certified copy of the policy or other written verification policies of insurance coverage acceptable with all amendments and endorsements or a certificate from the Tenant's insurer which, in the case of comprehensive general liability insurance, shall provide such information as the Landlord reasonably requires. 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 lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. To the extent that Tenant fails to provide the foregoing insurance, either hazard or liability, Tenant shall be responsible repay to Landlord, the Landlord any amounts paid by the Landlord as his interest appears, for such damage that would have been insured by said policies but for Tenant's failure to obtain such insurancepremiums forthwith upon demand.
Appears in 1 contract
Samples: Lease Agreement (Eyi Industries Inc)
Tenant’s Insurance. The Tenant shall, during the entire term shall procure and maintain policies of this Leaseinsurance, at the Tenant's sole its own cost and expense, but insuring:
(a) The Landlord Protected Parties (as "named insureds"), and Landlord's mortgagees, if any, of which Tenant is given written notice, and Tenant Protected Parties, from all damages, losses, costs and expenses, claims, demands or actions made by or on behalf of any person or persons, firm or corporation and arising from, related to or connected with the Leased Premises, for bodily injury to, or personal injury to, or death of any person, or more than one (1) person, or for damage to property and the mutual benefit amount of the Landlord and Tenant, maintain general public liability 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 on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit of shall be not less than $1,000,000 3,000,000.00 single limit per occurrence/$_________ in respect the aggregate. Said insurance shall be written on an "occurrence" basis and not on a "claims made" basis. Landlord shall have the right, exercisable by giving written notice thereof to injury Tenant, to require Tenant to increase such limit if, in Landlord's reasonable judgment, the amount thereof is insufficient to protect the Landlord Protected Parties and Tenant Protected Parties from judgments which might result from such damages, losses, costs or death to a single personexpenses, claims, demands or actions.
(b) The improvements at any time situated upon the Leased Premises against loss or damage by fire, lightning, wind storm, hail storm, aircraft, vehicles, smoke, explosion, sewer back-up, riot or civil commotion as provided by the Standard Fire and to the limit Extended Coverage Policy and all other risks of direct physical loss as insured against under Special Form ("all risk" coverage). The insurance coverage shall be for not less than $2,000,000 in respect to any one accident100% of the replacement cost of such improvements with agreed amount endorsement, and building ordinance coverage to include demolition and increased cost of construction, which building ordinance coverage endorsement shall be in an amount as Landlord shall reasonably require, all subject only to such deductibles as Landlord shall reasonably approve in writing. The full replacement cost of improvements shall be designated annually by Landlord, in the limit good faith exercise of Landlord's judgment. In the event that Tenant does not less than $250,000 in respect agree with Landlord's designation, Tenant shall have the right to property damage or a combined single limit policy not less than $2,000,000 per occurrence. All policies shall name submit the matter an insurance appraiser reasonably selected by Landlord and the mortgagee of the property as an additional named insured, as their interest may appearpaid for by Tenant. The initial mortgagee insurance appraiser shall submit a written report of his appraisal and if said report discloses that the improvements are not insured as therein required, Tenant shall promptly obtain the insurance required. Landlord shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to named as the extent of the full replacement value covering insured and all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms proceeds of 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 a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required juice shall contain an endorsement waiving the insurer's right of subrogation against any Landlord Protected Party or any Tenant Protected Party, provided that such waiver of the right of subrogation shall not be operative in any case where the effect thereof is to invalidate such insurance coverage or increase the cost thereof (except that either party shall be verified to have the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given right, within thirty (30) days following written notice prior notice, to any cancellation pay such increased cost, thereby keeping such waiver in full force and effect).
(c) Landlord's business income, protecting Landlord from loss of rents and other charges during the period while the Leased Premises are untenantable due to fire or alteration other casualty (for the period reasonably determined by Landlord).
(d) Flood or earthquake insurance whenever, in the reasonable judgment of any policyLandlord, except ten such protection is necessary and it is available at commercially reasonable cost.
(10e) business days written notice for non-payment of premium. To All contents and Tenant's trade fixtures, machinery, equipment, furniture and furnishings in the Leased Premises to the extent of at least ninety percent (90%) of their replacement cost under Standard Fire and Extended Coverage Policy and all other risks of direct physical loss as insured against under Special Form ("all risk" coverage). Said insurance shall contain an endorsement waiving the insurer's right of subrogation against any Landlord Protected Party, provided that such waiver of the right of subrogation shall not be operative in any case where the effect thereof is to invalidate such insurance coverage or increase the cost thereof (except that either party shall have the right, within thirty (30) days following written notice, to pay such increased cost, thereby keeping such waiver in full force and effect).
(f) Tenant fails to provide Protected Parties from all worker's compensation claims.
(g) Landlord and Tenant against breakage of all plate glass utilized in the foregoing insuranceimprovements on the Leased Premises.
(h) Insurance against loss or damage from external explosion of boilers, either hazard or liabilityair conditioning equipment and miscellaneous electrical apparatus, Tenant if any, in the Premises. Landlord shall be responsible named as the insured and all proceeds of insurance shall be payable to Landlordlandlord. Said insurance shall contain the endorsement waiving the insurer's right of subrogation against any Landlord Protected Party or any Tenant Protected Party, as his interest appearsprovided that such waiver or right of subrogation shall not be operative in any case where the effect thereof is to invalidate such insurance coverage or increase the cost thereof (except that either party shall have the right, for within thirty (30) days following written notice, to pay such damage that would have been insured by said policies but for Tenant's failure to obtain increased costs, thereby keeping such insurancewaiver in full force and effect).
Appears in 1 contract
Samples: Industrial Building Lease (Amcraft Building Products Co Inc)
Tenant’s Insurance. The Tenant shall, during Throughout the entire term of this Lease, the Tenant shall take out and keep in force:
a) comprehensive general liability Insurance with respect to the business carried on in or from the Leased Premises and the use and occupancy thereof for bodily injury and death and damage to property of others in at least the Tenant's sole cost and expense, but for the mutual benefit amount described in Paragraph #12(a) of the Basic Terms for each occurrence or such greater amount as the Landlord may from time to time reasonably require;
b) all risks (broad form) insurance, including flood and Tenantsewer back-up, maintain general public liability insurance against claims earthquake (for personal injurythose tenants leasing space in British Columbia), death or property damage occurring upon, in or about the entire property described on Exhibit "B" attached hereto collapse and on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit of not less than $1,000,000 flood in respect to injury or death to a single personfurniture, equipment, inventory and stock-in-trade, fixtures and leasehold improvements located within the Leased Premises, and to the limit of not less than $2,000,000 such other property located 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 $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee forming part of the property as an additional named insuredLeased Premises, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. including all mechanical or electrical systems (or portions thereof) installed by, or on behalf of the Tenant shall also provide insurance coverage to in the extent of Leased Premises, the whole for the full replacement value cost (without depreciation) in each such instance;
c) if any boiler or pressure vessel is operated in the Leased Premises, boiler and pressure vessel insurance with respect thereto;
d) business interruption insurance covering loss of earnings from all perils covered in policies obtained under paragraphs b) and c) above for an indemnity period of Tenant's propertyat least twelve (12) months;
e) broad form tenant’s legal liability insurance for the replacement cost of the Leased Premises, fixturesincluding loss of their use for a minimum period of twelve (12) months, equipmentwith limits of at least One Million Dollars ($1,000,000.00) per occurrence;
f) environmental liability insurance, toolsas the Landlord may from time to time reasonably require, improvementsof at least the amount described in Paragraph #12(c) of the Basic Terms;
g) any other form of insurance, stockin such amounts and against such risks, goodsas the Landlord, wares acting reasonably, or merchandise, that it the Mortgagee may have in or on or about the Demised Premisesfrom time to time require. Other forms Each policy of 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 a financial rating of AAAwill name, as rated in the most current available "Best's Guide" Insurance Reportsinsured, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the LandlordReleased Persons, each as their respective interests may appear. Said required Tenant insurance coverage shall be verified If there is a dispute as to the full replacement cost, the Landlord or its Mortgagee will determine it. The policies specified under subparagraphs b) and c) will contain the Mortgagee’s standard mortgage clause and may have reasonable deductibles. The policies (other than the Tenant’s liability policy) will contain a waiver of any subrogation rights which the Tenant’s insurers may have against the Released Persons and those for whom any of them is in law responsible, whether or not any loss or damage is caused or contributed to by an the act, omission or negligence of any of them. All policies will (i) be non-contributing and apply only as primary and not excess to any other insurance carrier available to any of the Released Persons; (ii) not be invalidated (in relation to the interests of any of the Released Persons) by reason of any breach of warranties, representations, declarations or conditions in the form of either a certified copy of policies; and (iii) contain an undertaking by the policy or other written verification of insurance coverage acceptable insurers to notify the Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given each Mortgagee in writing not less than thirty (30) days written notice prior to before any material change, cancellation or alteration termination. Prior to taking possession of the Leased Premises and on every renewal date of the insurance policy, the Tenant will deliver certificates of insurance executed by the Tenant’s insurers. No review or approval of any policyinsurance policy or certificate by the Landlord will in any way alter the Landlord rights under this Lease. In the event of loss or damage, except ten (10) business days written notice for non-payment of premium. To the extent that Tenant fails to will provide the foregoing insurance, either hazard Landlord or liability, the Mortgagee with copies of the Tenant’s insurance policies. The Tenant shall be responsible will not allow anything to occur that results in (i) an increase in premiums for any insurance carried by the Landlord or (ii) the cancellation or threatened cancellation or a reduction of coverage under any of the Landlord, as his interest appears, for such damage that would have been insured by said ’s insurance policies but for Tenant's failure to obtain such insurancein respect of any part of the Building.
Appears in 1 contract
Samples: Lease Agreement (Dirtt Environmental Solutions LTD)
Tenant’s Insurance. The Tenant shallTenant, at its expense, shall maintain at all ------------------ times during the entire term Term the following insurance policies: (a) fire insurance, including extended coverage, vandalism, malicious mischief, sprinkler leakage, water damage and all risk coverage and demolition and debris removal, insuring the full replacement cost of this Leaseall improvements, alterations or additions to the Premises made at the Tenant's sole cost and expense, but for and all other property owned or used by Tenant and located in the mutual benefit Premises; (b) commercial general liability insurance, including blanket contractual liability insurance, with respect to the Building and the Premises, with limits to be reasonably set by Landlord from time to time (not in excess of the Landlord amounts then generally required by landlords of Class A office buildings in Schaumburg, Illinois) but in any event not less than $3,000,000 each occurrence combined single limit for bodily injury, sickness or death or for damage to or destruction of property, including loss of use thereof; (c) workers' compensation and Tenant, maintain general public occupational disease insurance with Illinois statutory benefits and employers liability 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 on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit with limits of not less than $1,000,000 3,000,000 each accident, each disease and aggregate for disease; and (d) insurance against such other risks and in respect such other amounts (not in excess of the amounts then generally required by landlords of Class A office buildings in Schaumburg, Illinois) as Landlord may from time to injury time reasonably require. The form of all such policies and deductibles thereunder shall be subject to Landlord's prior approval (which shall not be unreasonably withheld, conditioned or death delayed). All such policies shall be issued by insurers reasonably acceptable to Landlord (at a single person, and to the limit of minimum rated not less than $2,000,000 A-VIII in respect Best's Insurance Guide) and licensed to do business in Illinois. In addition, the commercial general liability policy shall add Landlord, its property manager, any one accidentmortgage lender (currently The Travelers Insurance Company), their respective successors and assigns, and to any other parties reasonably designated by Landlord with an interest in the limit of not less than $250,000 in respect to property damage or a combined single limit policy not less than $2,000,000 per occurrenceBuilding as additional insureds. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given require at least thirty (30) days days' prior written notice prior to any cancellation Landlord of termination or alteration of any policy, except material reduction in coverage and shall be primary and not contributory. Tenant shall at least ten (10) business days written notice for non-payment prior to the Commencement Date, and within ten (10) days prior to the expiration of premium. To the extent that Tenant fails each such policy, deliver to provide Landlord certificates evidencing the foregoing insurance, either hazard insurance or liability, Tenant shall be responsible to Landlordrenewal thereof, as his interest appears, for such damage that would have been insured by said policies but for Tenant's failure to obtain such insurancethe case may be.
Appears in 1 contract
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)
Tenant’s Insurance. The Tenant shall, during the entire term of this Leasecovenants and agrees, at the Tenant's its sole cost and expense, but for to carry and maintain in force from and after the mutual benefit date of this Lease and throughout the term of this Lease (i) worker’s compensation and other required statutory forms of insurance, in statutory limits; (ii) comprehensive general liability insurance, which shall be written on an occurrence basis, naming Tenant as the insured and naming Landlord and Tenantits agent, maintain general public liability insurance against claims for personal injuryif any, death or property damage occurring uponas additional insureds on a primary and non-contributory basis, in or about the entire property described on Exhibit "B" attached hereto and on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit limits of not less than $1,000,000 [***] per occurrence (combined single limit), including premises liability, products/completed operations (if applicable), property damage, water damage and sprinkler leakage legal liability and contractual liability coverage covering the indemnity obligations of Tenant set forth in this Lease; (iii) all-risk property insurance including but not limited to loss or damage by fire, windstorm, vandalism and malicious mischief and such other hazards as are included in so-called extended coverage or as may otherwise reasonably be required by Landlord, covering all improvements and betterments, furniture, furnishings, fixtures and equipment and other moveable trade fixtures and personal property now or hereafter placed in the Leased Premises by Tenant or Landlord, to their full insurable value; and (iv) from and after the Commencement Date of this Lease and throughout the remainder of the Lease Term rent or business interruption insurance against loss resulting from fire, or other risks covered by broad form extended coverage endorsement, in an amount equal to three months of the then current Rent for the Leased Premises, with loss payable under such policy to Landlord, with Landlord being named as a loss payee under the aforementioned property programs. The foregoing limits shall be increased from time to time in the event that Landlord, in its reasonable judgment, shall determine that the amounts of insurance are inadequate to pay any claims that may be brought under the foregoing policies; provided that in no event shall Tenant be required to increase such limits to an amount in excess of the limits customarily required by commercial landlords with respect to injury or death to a single person, and premises similar to the limit Leased Premises (including the use to which the Leased Premises shall be put) located in Gaithersburg, Maryland. Such policies are to be written for terms of 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 year by a combined single limit policy not less than $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 company having a general policy holder's ’s rating of not less than A A- and a rating in financial rating size of AAAnot less than XI, as rated in the most current available "“Best's Guide" Insurance Reports’s” insurance reports, and qualified authorized and licensed to do issue such policies in this property’s jurisdiction. Any such insurance required of Tenant hereunder may be furnished by Tenant under any blanket policy carried by it, providing the policy strictly complies with all other terms and conditions contained in this Lease, and provided further that such policy: (x) identifies with specificity the particular address of the Leased Premises being covered under the blanket policy; and (y) provides a minimum guaranteed coverage amount for the Leased Premises as required pursuant to the terms of this Article. Each policy evidencing insurance as required by to carried by Tenant pursuant to this Article shall contain the following provisions and/or clauses: (i) a cross-liability clause; (ii) a provision that such policy and the coverage carried by Landlord shall be excess insurance; (iii) a provision including Landlord, Landlord’s managing agent, and other parties (including mortgagees) designated by Landlord as additional insureds (except with respect to workers’ compensation insurance); (iv) 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 reasons of any act or omission of Landlord, its agents, employees, or representatives; (v) a severability clause; and (vi) a provision that the insurer will advise Landlord and all designated additional insureds of any notice of cancellation of such policy. An Evidence of Insurance (in form XXXXX 27, or such other form acceptable to Landlord) for each of the insurance policies Tenant is required to carry in compliance with its obligations under this Lease, and containing provisions specified herein, shall be delivered to Landlord prior to the earlier of (x) the Commencement Date, or (y) the date Tenant shall first take possession of the Leased Premises for any purpose, and, upon renewals, prior to the expiration of such coverage. Upon Tenant’s default in obtaining or delivering any such policy or policies or failure to pay the premiums therefor, Landlord (in addition to and not in limitation of its other rights, remedies and privileges by reason thereof) may, but shall not be obligated to, secure or pay the premium for any such policy or policies and charge Tenant as rent therefor an amount equal to 110% of the costs incurred by Landlord thereby. Insurance notifications may arrive by regular mail. Notwithstanding anything contained herein to the contrary, Tenant may satisfy its insurance obligations hereunder either partially or in full by self-insurance. Notwithstanding anything herein to the contrary, nothing herein shall prevent Landlord from recovering, in the event of fire or other loss, under Landlord’s fire or other insurance coverage for all betterments and improvements by Tenant so affixed to the Leased Premises as to be considered part of the realty under law. Notwithstanding anything herein to the contrary, the parties hereto release each other and their respective partners or principals, disclosed or undisclosed, agents, successor, assignees, subtenants and their respective employees in respect to any claim occurring during the Lease Term that is caused by or results from a risk which is actually insured against, which is required to be insured against under this Lease, or which is normally covered under a fire insurance policy with extended coverage endorsement. This waiver shall include any claim (including a claim for negligence) which either party might otherwise have against the other, or its partners or principals, disclosed or undisclosed, agents, successor, assignees, subtenants and their respective employees for loss, damage or destruction with respect to property by fire or other casualty (including rental value or business interest, as the case may be). If any cost of insuring the Gaithersburg Facility (including the Building) shall increase as a result of the operation of Tenant’s particular business in the state Leased Premises, Tenant shall, notwithstanding any other provision of Utah. The policies for this Lease, pay Landlord the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlordamount of such increase, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. 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 damage that would have been insured by said policies but for Tenant's failure to obtain such insurancerent hereunder.
Appears in 1 contract
Tenant’s Insurance. The Tenant shall, shall take out and keep in force during the entire term of this Lease, at the Tenant's sole cost and expense, but for the mutual benefit of the Landlord and Tenant, maintain Term:
(a) Comprehensive general public liability insurance against claims for personal (including bodily injury, death or and property damage occurring upon, in or about damage) insurance on an occurrence basis with respect to the entire property described on Exhibit "B" attached hereto and business carried on, in or about from the adjoining streets Leased Premises and passageways, such insurance to afford protection to the limit of Tenant's use and occupancy thereof not less than ONE MILLION DOLLARS ($1,000,000 1,000,000.00) 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; and
(b) Insurance in respect of fire and other such perils as are from time to injury or death to a single persontime defined in the usual extended coverage endorsement covering the Tenant's trade fixtures and the furniture and equipment of the Tenant and all leasehold improvements of the Tenant, and to which insurance shall include the limit of not less than $2,000,000 in Landlord as a named insured as the Landlord's interest may appear with respect to insured leasehold improvements and provide that 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 $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 a financial rating of AAA, as rated proceeds recoverable in the most current available "Best's Guide" Insurance Reports, and qualified event of loss to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof leasehold improvements shall be payable to the Landlord (but the Landlord agrees to make available such proceeds towards the repair or replacement of the insured property if this Lease is not terminated pursuant to any other provision hereof). All insurance required to be maintained by the Tenant hereunder, shall contain full replacement cost coverage and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified on terms and with insurers to which the Landlord has no reasonable objection. The Tenant shall furnish to the Landlord if and whenever requested by an it, certificates or other evidence acceptable to the Landlord as to the insurance carrier from time to time required to be effected by the Tenant and its renewal or continuation in force. If the form of either a certified copy Tenant shall fail to take out, renew and keep in force such insurance the Landlord may do so as the agent of the policy or other written verification of insurance coverage acceptable to Landlord Tenant and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. To the extent that Tenant fails to provide the foregoing insurance, either hazard or liability, Tenant shall be responsible repay to Landlord, the Landlord any amounts paid by the Landlord as his interest appears, for such damage that would have been insured by said policies but for Tenant's failure to obtain such insurancepremiums forthwith upon demand.
Appears in 1 contract
Tenant’s Insurance. The During the Term, the Tenant shallshall take out and maintain at its own expense:
(a) “all risks” property insurance, during including the entire term Perils of this Lease, at Flood and Earthquake. In amounts sufficient to fully cover the Tenant's sole cost and expense, but for the mutual benefit improvements of the Premises and all property in the Premises which is not owned by the Landlord on a full replacement cost basis,
(b) commercial general liability insurance, with the Landlord, its manager and Tenantmortgagee, maintain general public liability insurance if any, named as an additional insured, against claims for death, personal injury, death or injury and property damage occurring upon, in or about the entire property described on Exhibit "B" attached hereto and onPremises, in or about amounts which are from time to time carried by a prudent Tenant in the adjoining streets and passagewayscommunity in which the Development is located, such insurance to afford protection to the but in any event with a minimum combined single limit of $5,000,000;
(c) if applicable, comprehensive form boiler and machinery insurance on a blanket repair and replacement basis with limits for each accident in an amount not less than $1,000,000 in respect to injury or death to a single person, and to the limit of 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 $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement cost of all Leasehold Improvements and all property in the Premises not owned by the Landlord;
(d) business interruption insurance for a minimum period of 24 months in an amount that will reimburse the Tenant for direct or indirect loss of earnings attributable to all perils insured against in Sections 25(a) and 25(b) or attributable to prevention of access to the Premises or the Building as a result of any such perils, including extra expense insurance if applicable;
(e) the Tenant’s legal liability insurance for the actual cash value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms Premises from any damage howsoever caused: and
(f) any other form of insurance may be reasonably required to cover future that the Tenant, or the Landlord, acting reasonably, requires in amounts and for insurance risks against which a prudent Tenant would protect itselfinsure. All policies of Policies for property and general liability insurance provided for herein shall be issued by insurance companies in a form and with a general policy holder's rating of not less than A and a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and an insurer reasonably acceptable to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given require at least thirty (30) days written notice prior to any cancellation the Landlord of termination or material alteration of the policy during the Term and shall waive any policyright of subrogation against the Landlord, except ten (10) business days written notice for non-payment its manager and mortgagee, and cause the Landlord, its manager and mortgagee and any other party the Landlord so requests to be named as an insured in such policies of premiuminsurance. To If requested by the extent that Tenant fails to provide Landlord, the foregoing insurance, either hazard or liability, Tenant shall be responsible from time to time promptly deliver to the Landlord, as his interest appearscertified copies or other evidence of such policies, for such damage and evidence satisfactory to the Landlord that would all premiums thereon have been insured by said paid and the policies but for Tenant's failure to obtain such insuranceare in full force and effect.
Appears in 1 contract
Tenant’s Insurance. The Tenant shall, at Tenant's expense, obtain and keep in force during the entire term Term of this Lease, at the Tenant's sole cost and expense, but for the mutual benefit of the Landlord and Tenant, maintain a commercial general public liability insurance policy insuring Tenant against claims for the risks of, bodily injury and property damage, personal injury, death contractual liability, completed operations, owned and non-owned automobile liability arising out of the ownership, use, occupancy or property damage occurring upon, in or about maintenance of the entire property described on Exhibit "B" attached hereto Premises and on, in or about the adjoining streets and passageways, such all areas appurtenant thereto. Such insurance to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single person, and to the limit of 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 shall be a combined single limit policy in an amount not less than Two Million Dollars ($2,000,000 2,000,000.00) per occurrenceoccurrence with a Three Million Dollar ($3,000,000.00) annual aggregate. All policies shall name Landlord and any lender and any other party in interest designated by Landlord shall be named as additional insured(s). The policy shall contain cross liability endorsements with coverage for Landlord for the mortgagee negligence of the property Tenant even though Landlord is named as an additional named insured, as their interest may appear. The initial mortgagee ; shall insure performance by Tenant of the indemnity provisions of this Lease; shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's propertyprimary, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reportscontributing with, and qualified to do business not in the state excess of Utah. The policies coverage which Landlord may carry; shall provide for the foregoing insurance severability of interest; shall provide that an act or omission of one of the proceeds thereof insured or additional insureds which would void or otherwise reduce coverage shall be payable not void or reduce coverages as to the other insured or additional insureds. Such Coverage afforded be on an occurrence form providing coverage for claims made after the Term of this Lease for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or in part during the Term of this Lease. The limits of said insurance shall not limit any liability of Tenant and to hereunder. Not more frequently than every year, if, in the reasonable opinion of Landlord, as their respective interests may appear. Said the amount of liability insurance required hereunder is not adequate, Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given shall, within thirty (30) days written notice prior to any cancellation or alteration following Landlord's notice, increase said insurance coverage as required by Landlord. The limits specified above may be satisfied with a combination of any policy, except ten (10) business days written notice for non-payment of premium. 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 damage that would have been insured by said policies but for Tenant's failure to obtain such insuranceprimary and Umbrella/Excess Insurance.
Appears in 1 contract
Samples: Office Lease (Witness Systems Inc)
Tenant’s Insurance. The Tenant shall, during the entire term shall procure and maintain policies of this Leaseinsurance, at the Tenant's sole its own cost and expense, but insuring:
(a) The Landlord Protected Parties as "named additional insureds", and Landlord's mortgagee, if any, of which Tenant is given written notice, and Tenant Protected Parties, from all claims, demands or actions made by or on behalf of any person or persons, firm, corporation or entity and arising from, related to or connected with the Leased Premises, Tenant's use thereof or operations therein, or for bodily injury to or personal injury to or death of any person, or more than one (1) person, or for damage to property in the mutual benefit of following amounts: (i) not less than One Million Dollars ($1,000,000) General Liability; (ii) not less than One Million Dollars ($1,000,000) Auto; (iii) not less than One Million Dollars ($1,000,000) Other than Auto; and (iv) not less than Two Million Dollars ($2,000,000) Other than Auto Liability Aggregate. Said insurance shall be written on an "occurrence" basis and not on a "claims made" basis, and such liability policies shall include products and completed operations liability insurance. Landlord shall have the right, exercisable by giving written notice thereof to Tenant, to require Tenant to increase such limit if, in Landlord's reasonable judgment, the amount thereof is insufficient to protect the Landlord Protected Parties and TenantTenant Protected Parties from judgments which might result from such claims, maintain general public demands or actions. If Tenant is unable, despite reasonable efforts in good faith, to cause its liability insurance insurer to insure the Landlord Protected Parties as "named additional insureds", Tenant shall nevertheless cause the Landlord Protected Parties to be insured as "additional insureds" and in such event, Tenant will protect, indemnify and save harmless the Landlord Protected Parties from and against claims any and all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including without limitation reasonable attorney's fees and expenses) imposed upon or incurred by or asserted against the Landlord Protected Parties, or any of them, by reason of any bodily injury to or personal injury to or death of any person or more than one person or for personal injurydamage to property, death or property damage occurring upon, in on or about the entire property described on Exhibit "B" attached hereto and onLeased Premises, in or about the adjoining streets and passagewayscaused by any party including, such insurance to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single personwithout limitation, and to the limit of not less than $2,000,000 in respect to any one accidentLandlord Protected Party, and to the limit of not less than $250,000 in respect to property damage or a combined single limit policy not less than $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value amount of the insurance required to be carried under this Section 6.02(a) or such greater amount of insurance as is actually carried. Tenant shall cause its liability insurance to include contractual liability coverage fully covering the indemnity set forth above and in Article XIII below.
(b) All buildings and improvements against loss or damage by fire, lightning, wind storm, hail storm, vehicles, smoke, explosion, riot or civil commotion as provided by the Standard Fire and Extended Coverage Policy and all other risks of direct physical loss as insured against under Special Form ("all risk" coverage). The insurance coverage shall be for an agreed amount between Landlord and the insurance carrier, with sufficient limits to replace the Leased Premises of similar utility purpose. Landlord shall be named as the insured and all proceeds of insurance shall be payable to Landlord. Said insurance shall contain an endorsement waiving the insurer's right of subrogation against any Landlord Protected Parties.
(c) All contents and Tenant's propertytrade fixtures, fixturesmachinery, equipment, toolsfurniture and furnishings and leasehold improvements in the Leased Premises to the extent of at least ninety percent (90%) of their replacement cost under Standard Fire and Extended Coverage Policy and all other risks of direct physical loss as insured against under Special Form ("all risk" coverage). Said insurance shall contain an endorsement waiving the insurer's right of subrogation against any Landlord Protected Party.
(d) Tenant Protected Parties from all workers’ compensation claims, improvementsincluding employers’ liability with minimum limits of Five Hundred Thousand Dollars ($500,000.00) per occurrence.
(e) Landlord and Tenant against breakage of all plate glass utilized in the improvements on the Leased Premises.
(f) Tenant agrees to maintain, stockat its own expense, goodsfor the benefit of itself, wares Tenant's Protected Parties and Landlord's Protected Parties, excess and/or umbrella liability insurance of such types and with limits not less than Five Million Dollars ($5,000,000.00) as may be approved by Landlord, insuring against liability for damage or merchandiseloss to property, that it may have and against liability for person injury or death, arising from acts or omissions of Tenant, its agents, employees or invitees. Said excess and/or umbrella policies shall include all liability policies in Section 6.02(a) and employer's liability in Section 6.02(d) as underlying policies.
(g) Automobile liability naming Landlord as additional insured with minimum of One Million Dollars ($1,000,000) limits for property damage, death or bodily injury. This policy shall be for the benefit of Tenant and Landlord for any claims, demands or actions made by or on behalf of any person or persons, firm, corporation, or entity arising from the control, operation or use of any vehicle by Tenant or Tenant's agents, contractors, employees, etc. on or about the Demised Leased Premises. Other forms of insurance may be reasonably required to cover future risks against which a prudent Tenant would protect itself. All policies of insurance provided for herein The automobile policy shall be issued by insurance companies with a general listed as an underlying policy holder's rating of not less than A and a financial rating of AAA, as rated on the umbrella policy referred to in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. 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 damage that would have been insured by said policies but for Tenant's failure to obtain such insuranceSection 6.02(f).
Appears in 1 contract
Tenant’s Insurance. The Tenant shall, during the entire term of this Lease, at the Tenant's sole cost and expense, but for the mutual benefit shall maintain insurance complying with all of the Landlord following:
A. Tenant shall procure, pay for and Tenantkeep in full force and effect the following:
(1) Commercial general liability insurance, maintain general public including property damage, against liability insurance against claims for personal injury, bodily injury, death or and damage to property damage occurring upon, in or about the entire property described on Exhibit "B" attached hereto and onabout, or resulting from an occurrence in or about about, the adjoining streets and passageways, such insurance to afford protection to the Premises with combined single limit coverage of not less than $1,000,000 the amount of Tenant's Liability Insurance Minimum specified in respect Section O of the Summary, which insurance shall contain a "contractual liability" endorsement insuring Tenant's performance of Tenant's obligation to injury or death to a single person, indemnify Landlord contained in 10.3;
(2) Fire and to the limit of 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 insurance in so-called "all risk" form insuring Tenant's Trade Fixtures and Tenant's Alterations for the full actual replacement cost thereof;
(3) Such other insurance that is either (i) required by any Lender, or a combined single limit (ii) reasonably required by Landlord and customarily carried by tenants of similar property in similar businesses..
B. Where applicable and required by Landlord, each policy not less than $2,000,000 per occurrence. All policies of insurance required to be carried by Tenant pursuant to this 9.1: (i) shall name Landlord and such other parties in interest as Landlord reasonably designates as additional insured; (ii) shall be primary insurance which provides that the mortgagee insurer shall be liable for the full amount of the property as an additional named insured, as their interest may appear. The initial mortgagee 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; (iii) shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage in a form satisfactory to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of insurance may be reasonably required to cover future risks against which a prudent Tenant would protect itself. All policies of insurance provided for herein Landlord; (iv) shall be issued by insurance carried with companies with a general policy holder's rating of not less than A and a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified reasonably acceptable to do business in the state of Utah. The policies for the foregoing insurance Landlord; (v) shall provide that the proceeds thereof such policy shall not be payable subject to the Tenant and to the Landlordcancellation, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy lapse or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given change except after at least thirty (30) days prior written notice prior to Landlord so long as such provision of thirty (30) days notice is reasonably obtainable, but in any cancellation or alteration of any policy, except event not less than ten (10) business days prior written notice notice; (vi) shall not have a "deductible" in excess of such amount as is approved by Landlord; (vii) shall contain a cross liability endorsement; and (viii) shall contain a "severability" clause. If Tenant has in full force and effect a blanket policy of liability insurance with the same coverage for nonthe Premises as described above, as well as other coverage premises and properties of Tenant, or in which Tenant has some interest, such blanket insurance shall satisfy the requirements of this 9.
C. A copy of each paid-payment up policy evidencing the insurance required to be carried by Tenant pursuant to this 9.1 (appropriately authenticated by the insurer) or a certificate of premiumthe insurer, certifying that such policy has been issued, providing the coverage required by this 9.1, and containing the provisions specified herein, shall be delivered to Landlord prior to the time Tenant or any of its Agents enters the Premises and upon renewal of such policies, but not less than five (5) days prior to the expiration of the term of such coverage. To Landlord may, at any time, and from time to time, inspect and/or copy any and all insurance policies required to be procured by Tenant pursuant to this 9.
1. If Landlord or any Lender reasonably determines at any time that the extent that amount of coverage required for any policy of insurance Tenant fails is to provide the foregoing insuranceobtain pursuant to this 9.1 is not adequate, either hazard or liability, then Tenant shall be responsible to Landlord, as his interest appears, increase such coverage for such damage that would have been insured insurance to such amount as such Lender or insurance advisor reasonably deems adequate, not to exceed the level of coverage for such insurance commonly carried by said policies but for Tenant's failure to obtain such insurancecomparable businesses similarly situated.
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Tenant’s Insurance. The On or before the Commencement Date or Tenant’s prior entry into the Premises, Tenant shallwill obtain and have in full force and effect, during the entire term of this Lease, at the Tenant's sole cost and expense, but for the mutual benefit of the Landlord and Tenant, maintain insurance coverage as follows:
(i) workers’ compensation in an amount required by law; (ii) commercial general public liability 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 on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit limits of not less than Four Million Dollars ($1,000,000 in respect to 4,000,000) combined for bodily injury or death to a single personand property damage on an occurrence basis and containing an endorsement naming Landlord and its managing agent, and to the at Landlord’s written request, its lender, as additional insureds, an aggregate limit of not less than $2,000,000 in respect to any one accidentper location endorsement, and to the limit of not less than $250,000 in respect to no modification that would make Tenant’s policy excess or contributing with Landlord’s liability insurance; (iii) all risk property damage or a combined single limit policy not less than $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of for the full replacement value covering of all of Tenant's property’s furniture, fixtures, equipment, toolsalterations, improvements, stock, goods, wares improvements or merchandise, additions that it may have in do not become Landlord’s property upon installation; and (iv) any other form or on or about the Demised Premises. Other forms of insurance or any increase in the limits of any of the coverages described above or other forms of insurance as Landlord or the mortgagees or ground lessors (if any) of Landlord may be reasonably required require from time to cover future risks against which a time if in the reasonable opinion of Landlord or said mortgagees or ground lessors said coverage and/or limits become inadequate or less than that commonly maintained by prudent Tenant would protect itselftenants with similar uses in simi1ar first class office buildings in the area. All policies of insurance provided for herein shall obtained by Tenant will be issued by insurance companies with a general policy holder's rating carriers having ratings in Best’s Insurance Guide (“Best”) of not less than A and VIII, or better (or equivalent rating by a financial comparable rating of AAA, as rated agency if Best no longer exists) and licensed in the most current available "Best's Guide" Insurance ReportsState. All such policies must be endorsed to be primary and noncontributing with the policies of Landlord being excess, secondary and qualified noncontributing. No policy will be canceled, nonrenewed or materially modified without thirty (30) days’ prior written notice by the insurance carrier to do business in Landlord. If the state forms of Utahpolicies, endorsements, certificates, or evidence of insurance required by this Article are superseded or discontinued, Landlord may require other equivalent or better forms. The policies for Evidence of the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall required to be verified to the Landlord maintained by an insurance carrier in the form of either a certified copy of the policy or other written verification Tenant, represented by certificates of insurance coverage acceptable issued by the insurance carrier, must be furnished to Landlord prior to Tenant occupying the Premises and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given at least thirty (30) days written notice prior to any cancellation the expiration of current policies. Copies of all endorsements required by this Article must accompany the certificates delivered to Landlord. The certificates will state the amounts of all deductibles and self-insured retentions and that Landlord will be notified in writing thirty (30) days prior to cancellation, material change, or alteration non-renewal of insurance. If requested in writing by Landlord, Tenant will provide to Landlord a certified copy of any policy, except ten (10) business days written notice for non-payment of premium. 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 damage that would have been insured all insurance policies or endorsements required by said policies but for Tenant's failure to obtain such insurancethis Article.
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Tenant’s Insurance. The Tenant shall maintain during the Term and any renewal thereof or later occupation of the Premises insurance with respect to its interest in the Premises, the fixtures and improvements made by or on behalf of Tenant in the Premises, and all operations of Tenant in and from the Premises. Tenant’s insurance shall be in amounts equal to those maintained by prudent tenants of similar premises and shall, during without limiting the entire term foregoing, cover the following risks:
(a) “all risks” (including flood and earthquake) coverage for property of this Leaseevery kind owned by Tenant or for which Tenant is legally liable or installed by or on behalf of Tenant and which is located within the Building, at including, without limitation, all of Tenant’s furniture and movable equipment and all leasehold improvements and other improvements, in an amount not less than the full replacement cost thereof;
(b) “all risks” Tenant's sole ’s legal liability in an amount not less than the full replacement cost and expenseof the Premises, including loss of their use;
(c) comprehensive, general liability insurance including, but for not limited to property damage, public liability, personal injury liability, contractual liability, non-owned automobile liability and contractor’s protective insurance coverage, all on or an occurrence basis with respect to the mutual benefit use, occupancy, activities or things on the Premises and with respect to the use and occupancy of any other part of the Landlord and TenantBuilding by Tenant or any of its employees, maintain general public liability insurance against claims agents, contractors or persons for personal whom tenant is in law responsible with coverage of not less than Five Million Dollars ($5,000,000.00) for each occurrence involving bodily injury, death or property damage occurring upon, (or for such higher limits as Landlord may reasonable require from time to time);
(d) business interruption insurance in or about the entire property described on Exhibit "B" attached hereto such amounts as will reimburse Tenant for direct and on, in or about the adjoining streets and passageways, such insurance to afford protection indirect loss of earnings attributable to the limit of not less than $1,000,000 perils insured against in respect to injury subparagraph 9.1(a) and other perils commonly insured against by prudent tenants; and
(e) such other coverage as Landlord, the Trustee or death to a single person, and the Mortgagee may require having regard to the limit risks which are customarily insured against by prudent tenants of 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 $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premiseslike premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. 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 damage that would have been insured by said policies but for Tenant's failure to obtain such insurance.include:
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Tenant’s Insurance. The Tenant shallagrees to maintain a policy of property insurance on its fixtures, equipment, merchandise, Removable Trade Fixtures, alterations and other property placed at the Leased Premises. Such policy must be in effect as of the Tender Date and must be maintained at all times during Tenant's occupancy of the Leased Premises and during the entire term Term. Such policy shall satisfy any co-insurance requirements and must contain a replacement cost endorsement. TENANT AGREES TO USE AND OCCUPY THE LEASED PREMISES AND PLACE ITS FIXTURES, EQUIPMENT, MERCHANDISE, AND OTHER PROPERTY AT ITS OWN RISK AND HEREBY WAIVES AND RELEASES ALL RIGHTS OF RECOVERY AGAINST LANDLORD AND THE INDEMNITEES (HEREAFTER DEFINED) FOR DAMAGE TO THE PROPERTY OF TENANT OR PERSONAL INJURY OR DEATH TO THE FULLEST EXTENT PERMITTED BY LAW, WHETHER THE SAME IS CAUSED BY FIRE OR OTHER CASUALTY OR THE CONDITION OF THE LEASED PREMISES, REGARDLESS OF THE CAUSE OF THE LOSS, EXCEPT FOR THOSE LOSSES RESULTING FROM OR ARISING OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD OR ANY INDEMNITEE. THIS WAIVER AND RELEASE APPLIES EVEN IF THE LOSS IS CAUSED BY THE ACTS OR OMISSIONS OF LANDLORD OR THE INDEMNITEES, WHETHER OR NOT NEGLIGENT, EXCEPT FOR THE GROSS NEGLIGENCE OR WILFUL MISCONDUCT OF LANDLORD AND THE INDEMNITEES, AND SHALL BAR RECOVERY AGAINST LANDLORD OR THE INDEMNITEES BY ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY INSURER) BY WAY OF SUBROGATION OR ASSIGNMENT. TENANT'S WAIVER AND RELEASE OF LANDLORD AND THE INDEMNITEES SHALL BIND TENANT'S PERMITTED ASSIGNEES AND SUBTENANTS. Tenant shall take out and maintain commercial general liability insurance coverage (and such other coverage as requested by Landlord from time to time) in an amount determined by Landlord from time to time, which shall initially be in a minimum amount of this $1,000,000 per occurrence, $2,000,000 policy aggregate, including coverage for bodily injury and death, property damage and products liability coverage; contractual liability coverage insuring the obligations of Tenant under the Lease, ; and fire and legal liability coverage with respect to the Leased Premises and the Building in an amount of at least $50,000. The policy shall designate Landlord as an additional insured. Such policy must be in effect as of the Tender Date and must be maintained at all times during Tenant's sole cost and expense, but for the mutual benefit occupancy of the Leased Premises and during the Term. A duplicate original or a certificate of all insurance policies required to be maintained by Tenant shall be deposited with Landlord within five (5) business days following the Tender Date and current certificates (or duplicate Policy originals) shall be deposited with Landlord at all times during Tenant's occupancy of the Leased Premises and during the Term. Tenant shall defend, indemnify and hold harmless Landlord and the Indemnities from all losses, claims, suits, actions, damages and liability, including defense costs, investigative costs and fees of experts (collectively, "Claims") that arise or allegedly arise from any of the following circumstances: (i) any act or omission of Tenant or Tenant's agents, maintain general public liability insurance against claims for personal employees, contractors, subcontractors, customers or invitees (or any of their employees); (ii) any failure of Tenant or Tenant's agents, employees, contractors or subcontractors to comply with laws, ordinances or regulations of any governmental authority pertaining to the use, construction, renovation, repair or occupancy of the Leased Premises or pertaining to Tenant's business or pertaining to health or the environment; and (iii)any injury, death or property damage occurring upon, suffered by any person that occurs in the Leased Premises which is caused by Tenant or about the entire property described on Exhibit "B" attached hereto and on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single person, and to the limit of 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 $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's propertyagents, fixturesemployees, equipmentcontractors, toolssubcontractors, improvements, stock, goods, wares customers or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. 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 damage that would have been insured by said policies but for Tenant's failure to obtain such insuranceinvitees.
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Tenant’s Insurance. The Tenant shall, during shall maintain the entire term of this Lease, following insurance at the Tenant's sole cost expense throughout the term of this Lease and expense, but for during such further time as Tenant or any person claiming under it shall hold the mutual benefit of the demised premises or any part thereof:
(a) Commercial general liability insurance with a contractual liability exclusion rider insuring Landlord and Tenant, maintain general public liability insurance Tenant and any Mortgagee against claims for personal injury, bodily injury or death or property damage occurring upon, in on or about the entire property described on Exhibit "B" attached hereto and on, in or about the adjoining streets and passagewaysdemised premises, such insurance to afford protection to the a limit of not less than Two Million Dollars ($1,000,000 in respect 2,000,000.00), or such greater amount as may be required by the holder of any mortgage which includes the demised premises;
(b) Property damage insurance insuring Landlord, Tenant and any Mortgagee as loss payee against claims for damage or injury to injury property occurring on or death about the demised premises, such insurance to afford protection to a single person, and to the limit of not less than Five Hundred Thousand Dollars ($2,000,000 in 500,000.00) with respect to any one accident, and damage to the limit property of not less than $250,000 anyone owner.
(c) Property insurance with special form (formerly designated all-risk) coverage in respect an amount sufficient to property damage or a combined single limit policy not less than $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of cover the full replacement value covering cost of all of Tenant's propertybuildings, fixtures, equipment, toolsstructures, improvements, stockadditions and alterations, goods, wares now or merchandise, that it at any time hereafter on the demised premises; -----------------------------------------------------------------------------------------------------------------------
(d) Workers ' compensation policies in amounts and coverages required by the laws and regulations of the Commonwealth of Massachusetts; and
(e) Such other insurance and in such amounts as from time to time may have in or on or about reasonably be required by Landlord against other insurable hazards which at the Demised Premises. Other forms of insurance may be reasonably required to cover future risks time are commonly insured 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 a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reportscase of premises similarly situated and used, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said or which are required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. 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 damage that would have been insured by said policies but for Tenant's failure to obtain such insuranceMortgagee.
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Tenant’s Insurance. The Tenant shallshall keep in force at its own expense, during the entire term of so long as this Lease remains in effect, (a) public liability insurance, including insurance against assumed or contractual liability under this Lease, at with respect to the Tenant's sole cost Premises, to afford protection with limits, per person and expensefor each occurrence, but for the mutual benefit of the Landlord not less than One Million Dollars ($1,000,000), combined single limit, with respect to personal injury and Tenant, maintain general public liability insurance against claims for personal injury, death or and property damage occurring upon, in or about the entire property described on Exhibit "B" attached hereto and on, in or about the adjoining streets and passagewaysdamage, such insurance to afford protection to the limit of not less than $1,000,000 in respect to injury or death to provide for only a single personreasonable deductible, (b) all-risk property and to the limit of not less than $2,000,000 in respect to any one accidentcasualty insurance, including theft, written at replacement cost value and to the limit of not less than $250,000 in respect to property damage or a combined single limit policy not less than $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insuredwith replacement cost endorsement, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 34, Section 9, or about otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the Demised Premisesextent, 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. Other forms Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance may 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 reasonably required canceled except after thirty (30) day's written notice to cover future risks against which a prudent Tenant would protect itselfLandlord or its designees. All such policies of insurance provided for herein shall be issued effective as of the date Tenant occupies the 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 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 companies 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 a general policy holder's rating limits per person and for each occurrence, of not less than A Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and a financial rating death and property damage, such insurance to provide for no deductible, and (ii) workmen's compensation insurance or similar insurance in form and amounts as required by law. In the event of AAAdamage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 17 herein, as rated Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state Premises by or on behalf of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable Tenant whether pursuant to the Tenant and to the Landlordterms of Section 34, as their respective interests may appearSection 9, or otherwise. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. To the extent that If Tenant fails to provide the foregoing insurancecomply with its covenants made in this Section, either hazard if such insurance would terminate or liabilityif 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 shall be responsible agrees to pay promptly upon Landlord's demand, as his interest appears, additional rent the premiums for such damage that would have been insured by said policies but for Tenant's failure to obtain such insurance.
Appears in 1 contract
Samples: Lease Agreement (Corporate Office Properties Trust)
Tenant’s Insurance. The Tenant shall, shall at all times during the entire term Term maintain in full force and effect with respect to the Premises and the Building a policy or policies of: (i) comprehensive general liability insurance providing minimum coverage amounts of this LeaseTwo Million Dollars ($2,000,000.00) for bodily injury, at including death for any one occurrence, One Million Dollars ($1,000,00.00) for property damage and Two Million ($2,000,000.00) combined single limit, (ii) "All-Risk" insurance providing for full replacement value on the Tenant's sole cost personal property, trade fixtures and expenseequipment in the Building, but (iii) worker's compensation and employer's liability insurance in form and amount satisfactory to Landlord, (iv) business interruption and rent insurance in such amounts as will reimburse Tenant for direct or indirect loss of earnings attributable to the mutual benefit perils commonly insured against by prudent tenants and sufficient to continue to pay rent and all other payments to Landlord for a period of twelve (12) months, (v) insurance against acts of terrorism, provided that such coverage is commercially available at commercially reasonable premiums. The annual premium for terrorism insurance shall be commercially reasonable if it is less than or equal to one hundred percent (100%) of the Landlord and Tenant, maintain general public liability 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 on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single person, and to the limit of 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 $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee then-annual cost of the property "all-risk" insurance policy required in Subsection (ii) above; and (vi) such other coverages as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of insurance may be reasonably required to cover future risks against which a prudent Tenant would protect itself. All policies by Landlord or any mortgagee of insurance provided for herein shall be issued by insurance companies with a general policy holder's rating of not less than A and a financial rating of AAAthe Land or Building, as rated each in the most current available "Best's Guide" Insurance Reports, and qualified to do business standard form generally in use in the state of Utahin which the Premises are located from a company or companies satisfactory to Landlord. The policies for the foregoing amount of such insurance shall provide that the proceeds thereof coverages shall be payable subject to increase upon the Tenant and to the reasonable request of Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given subject to modification, cancellation or nonrenewal only upon thirty (30) days written notice to Landlord and any mortgagee of the Land or Building. Tenant, at or prior to any cancellation or alteration the Commencement Date, and thereafter not less than thirty (30) days prior to the expiration of any such policy, except ten shall furnish Landlord with a certificate of insurance of such coverage with a paid statement for the 19 premium due, such certificate to be in a form acceptable to Landlord and any mortgagee of the Land or Building and naming Landlord, Landlord's managing agent and any such mortgagee as additional insureds as their interests may appear (10or in the case of a mortgagee, by means of a standard mortgagee endorsement) business days written notice for non-payment and shall specifically make reference to the indemnification obligations of premiumTenant under this Lease. To the extent that Tenant fails to provide the foregoing insurance, either hazard or liability, All insurance policies obtained by Tenant shall be responsible to Landlordwritten as primary policies and not contradicting with or in excess of coverage which Landlord may carry, as his interest appears, for such damage that would have been insured by said policies but for Tenant's failure to obtain such insuranceif any.
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Tenant’s Insurance. The To maintain in full force from the date upon which Tenant shallfirst enters the Premises for any reason, during throughout the entire term Term of this Lease, and thereafter, so long as Tenant is in occupancy of any part of the Premises, commercial general liability insurance or comprehensive general liability insurance written on an occurrence basis with a broad form comprehensive liability endorsement under which Tenant is the named insured and Landlord and Landlord’s managing agent (and such persons as are in privity of estate with Landlord and Landlord’s managing agent as may be set out in notice from time to time) are named as additional insureds with limits which shall, at the Tenant's sole cost and expense, but for the mutual benefit commencement of the Term, be at least equal to those stated in Section 1.1 and from time to time during the Term shall be for such higher limits, if any, as are customarily carried in the Boston West Suburban Market with respect to similar properties or which may reasonably be required by Landlord, and worker’s compensation insurance with statutory limits covering all of Tenant’s employees working in the Premises, and to deposit with Landlord on or before the earlier of the date Tenant enters the Premises or the Commencement Date and Tenantconcurrent with all renewals thereof, maintain general public liability certificates for such insurance against claims for personal injury, death or property damage occurring uponbearing the endorsement that the policies will not be canceled until after thirty (30) days’ written notice to Landlord. In addition, in the event Tenant hosts a function in the Premises, Tenant agrees to obtain and maintain, and cause any persons or about parties providing services for such function to obtain, the entire property described on Exhibit "B" attached hereto appropriate insurance coverages as determined by Landlord (including liquor liability, if applicable) and onprovide Landlord with evidence of the same. All insurance required to be maintained by Tenant pursuant to this Lease shall be maintained with responsible companies qualified to do business, and in good standing, in or about the adjoining streets Commonwealth of Massachusetts and passageways, such insurance to afford protection to the limit which have a rating of at least “A-” and are within a financial size category of not less than $1,000,000 in respect to injury or death to a single person, and to the limit of 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 $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 a financial rating of AAA, as rated “Class VIII” in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall ’s Key Rating Guide or such similar rating as may be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the reasonably selected by Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. 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 if such damage that would have been insured by said policies but for Tenant's failure to obtain such insuranceGuide is no longer published.
Appears in 1 contract
Tenant’s Insurance. The Tenant shall, during the entire term of this LeaseTenant, at the Tenant's sole cost and expense, but shall obtain and keep in full force and effect i) an "all risk" insurance policy for Tenant's Property at the mutual benefit Premises, and ii) a policy of the Landlord commercial general liability and Tenant, maintain general public liability insurance against claims for personal injury, death or property damage occurring uponinsurance on an occurrence basis, with a broad form contractual liability endorsement (the insurance policy described in or about this clause (ii) being referred to herein as the entire property described on Exhibit "B" attached hereto and on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single person, and to the limit of 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 $2,000,000 per occurrenceLiability Policy"). All Such policies shall name Landlord Tenant as the insured. Landlord, Landlord's managing agent, and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee any Lessors and any Mortgagees (whose names have been furnished to Tenant) shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or named as additional insureds on or about the Demised Premises. Other forms of 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 a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlordsuch policies, as their respective interests may appear. Said required The Liability Policy shall contain a provision that (a) no act or omission of Tenant insurance coverage shall affect or limit the obligation of the insurer to pay the amount of any loss sustained, and (b) the policy shall be verified non-cancelable with respect to Landlord, Landlord's managing agent, and such Lessors and Mortgagees unless written notice has been given to Landlord, which notice shall contain the Landlord by an insurance carrier in policy number and the form of either a certified copy names of the policy or other written verification of insurance coverage acceptable to Landlord insured and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given additional insureds, at least thirty (30) days written notice prior to any cancellation or alteration the effective date of any policysuch cancellation for any reason other than the non-payment of premium, except or at least ten (10) business days written notice for prior to the effective date of any such cancellation by reason of non-payment of premium. To If i) any insurance obtained by Tenant covers Alterations, and ii) this Lease does not terminate after the occurrence of a fire or other casualty, then (a) Tenant, promptly after the occurrence of such fire or other casualty, shall make an appropriate claim against its insurer in respect thereof, (b) Tenant shall not settle, adjust or compromise any such claim without Landlord's prior approval, which approval Landlord shall not unreasonably withhold or delay, and (c) Tenant shall pay to Landlord any amounts recovered from Tenant's insurer for damage to such Alterations caused by such fire or other casualty, promptly after Tenant's receipt thereof from such insurer (it being agreed, however, that Landlord's obligation to restore such Alterations to the extent that Tenant fails otherwise provided herein shall be unaffected by the inadequacy of such insurance to provide cover the foregoing insurance, either hazard or liability, cost of such restoration). Tenant shall deliver promptly to Landlord a copy of any notice of cancellation or any other notice from the insurance carrier which may adversely
1. The minimum amounts of liability under the Liability Policy shall be responsible a combined single limit with respect to each occurrence in an amount of Five Million Dollars ($5,000,000) for injury (or death) to persons and damage to property, which amount may be increased from time to time to that amount of insurance which in Landlord's reasonable judgment is then being customarily required by prudent landlords of first-class buildings in Manhattan from tenants leasing space similar in size, nature and location to the Premises. All insurance required to be carried by Tenant pursuant to the terms of this Lease shall be effected under valid and enforceable policies issued by reputable and independent insurers permitted to do business in the State of New York, and rated in Bests Insurance Guide, or any successor thereto (or if there is none, an organization having a national reputation) as his interest appears, for such damage that would have been insured by said policies but for Tenant's failure to obtain such insurancehaving a general policyholder rating of "A" and a financial rating of at least "XIII".
Appears in 1 contract
Samples: Lease Agreement (Enote Com Inc)
Tenant’s Insurance. The Tenant shall, during the entire term of this Lease, at the Tenant's sole cost and expense, but for the mutual benefit shall maintain insurance complying with all of the Landlord following:
A. Tenant shall procure, pay for and Tenantkeep in full force and effect the following:
(1) Commercial general liability insurance, maintain general public including property damage, against liability insurance against claims for personal injury, bodily injury, death or and damage to property damage occurring upon, in or about the entire property described on Exhibit "B" attached hereto and onabout, or resulting from an occurrence in or about about, the adjoining streets and passageways, such insurance to afford protection to the Premises with combined single limit coverage of not less than $1,000,000 the amount of Tenant's Liability Insurance Minimum specified in respect Section P of the Summary, which insurance shall contain a "contractual liability" endorsement insuring Tenant's performance of Tenant's obligation to injury or death to a single person, indemnify Landlord contained in Paragraph 10.3;
(2) Fire and to the limit of 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 insurance in so-called "all risk" form insuring Tenant's Trade Fixtures and Tenant's Alterations for the full actual replacement cost thereof;
(3) Such other insurance that is either (i) required by any Lender, or a combined single limit (ii) reasonably required by Landlord and customarily carried by tenants of similar property in similar businesses.
B. Where applicable and required by Landlord, each policy not less than $2,000,000 per occurrence. All policies of insurance required to be carried by Tenant pursuant to this Paragraph 9.1: (i) shall name Landlord and such other parties in interest as Landlord reasonably designates as additional insured; (ii) shall be primary insurance which provides that the mortgagee insurer shall be liable for the full amount of the property as an additional named insured, as their interest may appear. The initial mortgagee 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; (iii) shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage in a form satisfactory to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of insurance may be reasonably required to cover future risks against which a prudent Tenant would protect itself. All policies of insurance provided for herein Landlord; (iv) shall be issued by insurance carried with companies with a general policy holder's rating of not less than A and a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified reasonably acceptable to do business in the state of Utah. The policies for the foregoing insurance Landlord; (v) shall provide that the proceeds thereof such policy shall not be payable subject to the Tenant and to the Landlordcancellation, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy lapse or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given change except after at least thirty (30) days prior written notice to Landlord so long as such provision of 30 days notice is reasonably obtainable, but in any event not less than 10 days prior to any cancellation or alteration written notice; (vi) shall not have a "deductible" in excess of any policy, except ten such amount as is reasonably approved by Landlord; (10vii) business days written notice for non-payment of premium. 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 damage that would have been insured by said policies but for Tenant's failure to obtain such insurance.contain a cross liability endorsement; and (viii) shall contain a "severability"
Appears in 1 contract
Samples: Lease (Caliper Technologies Corp)
Tenant’s Insurance. The 31.1 Tenant shall, during covenants to provide on or before the entire term of this Lease, at the Tenant's sole cost and expense, but Commencement Date for the mutual benefit of the Landlord and Tenant, maintain Tenant a comprehensive policy of commercial general public liability insurance protecting Landlord and Tenant against claims for personal injury, death or property damage occurring upon, in any liability whatsoever occasioned by any occurrence on or about the entire property described on Exhibit "B" attached hereto Premises or any appurtenances thereto naming Landlord as an additional insured. Such policy is to be written by insurance companies qualified to do business in the State of New Jersey and on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit limits of liability thereunder shall not be less than the amount of Three Million Dollars ($1,000,000 in 3,000,000.00) with respect to injury or death to a single any one person, and to the limit of not less than $2,000,000 in with respect to any one accident, and to the limit of not less than $250,000 in with respect to property damage or a combined single limit policy not less than $2,000,000 per occurrencedamage. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of Such insurance may be reasonably carried under a blanket policy covering the Premises and other locations of Tenant, if any.
31.2 Prior to the time such insurance is first required by this ARTICLE to cover future risks against which a prudent Tenant would protect itself. All policies of insurance provided for herein shall be issued carried by insurance companies with a general policy holder's rating of not less than A and a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance ReportsTenant, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlordthereafter, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given at least thirty (30) days written notice prior to any cancellation or alteration the expiration of any such policy, except ten (10) business days written notice for non-payment Tenant agrees to deliver to Landlord either a duplicate original of premium. To the extent that Tenant fails to provide the foregoing aforesaid policy or a certificate evidencing such insurance, either hazard including the Landlord and the managing agent as an additional insured, together with evidence of payment for the policy. Said policy or liabilitycertificate shall contain an endorsement that such insurance may not be canceled except upon thirty (30) days notice to Landlord.
31.3 Upon failure at any time on the part of Tenant to procure and deliver to Landlord the policy or certificate of insurance, Tenant as hereinabove provided, stamped "Premium Paid" by the issuing company at least thirty (30) days before the expiration of the prior insurance policy or certificate, if any, or to pay the premiums therefore, Landlord shall be responsible at liberty, from time to Landlordtime, as his interest appearsoften as such failure shall occur, to procure such insurance and to pay the premium therefore, 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 damage that would have been insured premium or the carrying by said policies but for Landlord of any such policy shall not be deemed to waive or release the default of Tenant with respect thereto. Tenant's failure to obtain such insuranceprovide and keep in force the aforementioned insurance shall be regarded as a Default hereunder entitling Landlord to exercise any or all of the remedies as provided in this Lease in the event of Default.
Appears in 1 contract
Tenant’s Insurance. The Tenant shall, at its own expense, take out and keep in force during the entire term of this Lease, at the Tenant's sole cost and expense, but for the mutual benefit Term:
(a) comprehensive insurance of the Landlord and Tenant, maintain type commonly called general public liability insurance against claims liability, which shall include coverage for personal injury, tenant’s legal liability, non-owned automobile liability, bodily injury, death or and property damage occurring upondamage, in or about the entire property described all on Exhibit "B" attached hereto and on, in or about the adjoining streets and passageways, such insurance to afford protection an occurrence basis with respect to the limit business carried on in the Premises and the Tenant’s use and occupancy of the Premises and its use of the Common Facilities or of any other part of the Building, with coverage for any one occurrence or claim of not less than $1,000,000 in respect to injury 5,000,000.00 or death to a single person, and to such other amount as the limit of Landlord may reasonably require upon not less than $2,000,000 10 days’ notice at any time during the Term, Which insurance shall protect the Landlord in respect of claims as if the Landlord were separately insured and which insurance shall contain a severability of interest provision and a cross-liability provision;
(b) insurance in respect of fire and such other perils as are from time to any one accidenttime defined in the usual extended coverage endorsement covering the Leasehold Improvements, trade fixtures and to the limit of furniture and equipment in the Premises for not less than $250,000 in respect to property damage or a combined single limit policy not less than $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's propertycost thereof, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the any proceeds thereof recoverable with respect to Leasehold Improvements shall be payable to the Landlord and Tenant jointly (the Landlord and Tenant acknowledging and agreeing that such proceeds shall be used and made available toward the repair or replacement of the insured property if this Lease is not terminated pursuant to any other provisions hereof and in the event this Lease is terminated such proceeds shall become the absolute property of the Tenant); and
(c) insurance against such other perils and in such amounts as the Landlord may from time to time reasonably require upon not less than 60 days’ notice, such requirement to be made on the basis that the required insurance is customary at the time in the City of Toronto for tenants of buildings similar to the LandlordBuilding, provided however, so long as their respective interests may appear. Said required the Tenant insurance coverage shall be verified pursuant to this Lease is Loyalty Management Group Canada Inc. or a corporation affiliated (as that term is defined as of the Landlord by an insurance carrier date of this Lease in the form Ontario Business Corporations Act) with Loyalty Management Group Canada Inc. or a corporation formed as a result of either a certified copy of merger or amalgamation involving Loyalty Management Group Canada Inc., the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. To the extent that Tenant fails to provide the foregoing insurance, either hazard or liability, Tenant shall not be responsible required to Landlord, as his interest appears, for such damage that would have been insured by said policies but for Tenant's failure to obtain such take out contractual liability or business interruption insurance.
Appears in 1 contract
Samples: Lease (Alliance Data Systems Corp)
Tenant’s Insurance. The Tenant shallTenant, at its expense, shall procure and maintain during the entire term Term of this LeaseLease special form all risk property insurance covering the full replacement cost of all property and improvements installed or placed in the Premises, including without limitation the tenant improvements described in EXHIBIT D attached hereto; worker's compensation insurance with no less that the minimum limits required by law and employer's liability insurance with a minimum limit of One Million and 00/100 Dollars ($1,000,000.00) per occurrence. Tenant shall also, at the Tenant's sole cost and expense, but for the mutual benefit of the Landlord Landlord, Landlord's manager and Tenant, maintain comprehensive commercial general public liability insurance with broad liability endorsement against claims for personal injury, death or property damage occurring upon, in or about the entire property described on Exhibit "B" attached hereto and on, in or about the adjoining streets and passageways, such Premises. Such insurance to shall afford protection to Landlord, its managing agent and Tenant to the limit of not less than Three Million and 00/100 Dollars ($1,000,000 in respect to injury or death to a single person3,000,000.00) per occurrence, and to the limit of not less than Three Million and 00/100 Dollars ($2,000,000 in respect to any one accident3,000,000.00) aggregate, and to the limit of not less than $250,000 in respect to property damage or a combined single limit policy not less than $2,000,000 per occurrencebodily injury and property damage. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of insurance may be reasonably required to cover future risks against which a prudent Tenant would protect itself. All Such policies of insurance provided for herein shall insure on an occurrence and not a claims-made basis, be written in companies reasonably satisfactory to Landlord, name Landlord, Landlord's directors, officers, members, shareholders, agents and employees as additional insureds thereunder, not be cancelable unless 30 days prior written notice shall have been given to Landlord, and such policies, or a memorandum or certificate of such insurance, shall, prior to Tenant taking possession of the Premises, be delivered to Landlord endorsed "Premium Paid" by the company or agency issuing the same or accompanied by other evidence satisfactory to Landlord that the premium thereon has been paid. Further, the commercial liability, shall be issued by insurance companies with a general policy holder's rating which are reasonably acceptable to Landlord. At such time as insurance limits required of not less than A and a financial rating of AAA, as rated tenants in similar buildings in the most current available "Bestarea in which the Building is located are generally increased to greater amounts, Landlord shall have the right to require by written notice to Tenant such greater limits as may then be customary. Tenant agrees to include in such policy the contractual liability coverage insuring Tenant's Guide" Insurance Reports, and qualified to do business in the state of Utahindemnification obligations provided for herein. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance Tenant's liability coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior deemed primary to any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. To the extent that Tenant fails to provide the foregoing insurance, either hazard or liability, Tenant shall be responsible to liability coverage secured by Landlord, as his interest appears, for such damage that would have been insured by said policies but for Tenant's failure to obtain such insurance.
Appears in 1 contract
Tenant’s Insurance. The Tenant shall, during the entire term shall procure and maintain policies of this Leaseinsurance, at the Tenant's sole its own cost and expense, but for the mutual benefit of insuring:
(i) the Landlord Protected Parties (as "named insureds"), and TenantLandlord's mortgagee, maintain general public liability insurance against claims if any, of which Tenant is given written notice, and Tenant Protected Parties, from all claims, demands or actions made by or on behalf of any person or persons, firm or corporation and arising from, related to or connected with the Leased Premises, for bodily injury to or personal injuryinjury to or death of any person, death or property damage occurring upon, in or about the entire property described on Exhibit "B" attached hereto and on, in or about the adjoining streets and passageways, damage. The minimum limits of liability of such insurance to afford protection to the limit of not less than shall be One Million ($1,000,000 in respect to 1,000,000) Dollars for injury or death to a single any one person, Two Million ($2,000,000) Dollars for injury or death to more than one person, and Five Hundred Thousand ($500,000) Dollars with respect to damage to property. If at any time during the term of this Lease Agreement, Tenant owns or rents more than one location, the policy shall contain an endorsement to the effect that the aggregate limit of not less than $2,000,000 in respect the policy shall apply separately to any one accidenteach location owned or rented by Tenant. If Tenant is unable, and despite reasonable efforts in good faith, to cause its liability insurer to insure the limit of not less than $250,000 in respect to property damage or a combined single limit policy not less than $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property Protected Parties as an additional "named insuredinsureds", as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage nevertheless cause the Landlord Protected Parties to be insured as "additional insureds" and in such event, Tenant will protect, indemnify and save harmless the Landlord Protected Parties from and against any and all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including without limitation reasonable attorney's fees and expenses) imposed upon or incurred by or asserted against the Landlord Protected Parties, or any of them, by reason of any bodily injury to or personal injury to or death of any person or more than one person or for damage to property, occurring on or about the Leased Premises, caused by any party including, without limitation, any Landlord Protected Party, to the extent of the full replacement value amount of the insurance required to be carried under this Section 11.1(b)(i) or such greater amount of insurance as is actually carried. Tenant shall cause its liability insurance to include contractual liability coverage fully covering all of the indemnity hereinabove set forth.
(ii) All contents and Tenant's propertytrade fixtures, fixturesmachinery, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 furniture and a financial rating of AAA, as rated furnishings in the most current available Leased Premises to the extent of at least ninety percent (90%) of their replacement cost under Standard Fire and Extended Coverage Policy and all other risks of direct physical loss as insured against under Special Form ("Best's Guideall risk" Insurance Reports, and qualified to do business in the state of Utahcoverage). The policies for the foregoing Said insurance shall provide contain an endorsement waiving the insurer's right of subrogation against any Landlord Protected Party, provided that such waiver of the proceeds right of subrogation shall not be operative in any case where the effect thereof shall be payable is to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant invalidate such insurance coverage shall be verified to or increase the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide cost thereof, except that Landlord be given shall have the right, within thirty (30) days following written notice prior notice, to any cancellation or alteration of any policypay such increased cost, except ten (10) business days written notice for non-payment of premiumthereby keeping such waiver in full force and effect. To the extent that Tenant fails to provide the foregoing insurance, either hazard or liability, Tenant shall be responsible to Landlord, Protected Parties from all worker's compensation and disability benefits claims as his interest appears, for such damage that would have been insured required by said policies but for Tenant's failure to obtain such insurancelaw.
Appears in 1 contract
Samples: Lease Agreement (Electronic Retailing Systems International Inc)
Tenant’s Insurance. The Tenant shallshall maintain:
(a) all risk property insurance in amounts sufficient to fully cover, during the entire term of this Leaseon a replacement cost basis without deduction for depreciation, at the all Leasehold Improvements and all property, including without limitation Tenant's sole inventory, furniture and movable equipment, in the Premises which is not owned by Landlord;
(b) if applicable, boiler and machinery insurance on a replacement cost basis to cover Leasehold Improvements and expense, but for all property in the mutual benefit of the Landlord and Tenant, maintain general public Premises that is not owned by Landlord;
(c) liability insurance on an occurrence basis, against claims for personal bodily injury, death or personal injury and property damage occurring upon, in or about the entire property described on Exhibit "B" attached hereto Premises, contractual liability, tenant's legal liability, non-owned automobile liability, and onowner's and contractors protective liability, in or about the adjoining streets and passageways, such insurance to afford protection to the limit of an amount not less than $1,000,000 5,000,000.00 in respect of each occurrence;
(d) business interruption insurance; and
(e) any other form of insurance, with terms and in a form, with such amounts and against such risks, as Landlord may in its discretion require, acting as would a reasonable and prudent landlord. Policies for such insurance shall (i) be with an insurer with a minimum AM Best rating of A-, or in the absence of an AM Best rating, an A rating from Standard & Poors, (ii) require at least thirty (30) days' written notice to injury or death Landlord of termination and, if available on commercially reasonable terms, at least thirty (30) day's written notice to Landlord of any material alteration to the insurance required under this section 9.02 during the Term, (iii) waive any right of subrogation against Landlord and those for whom Landlord is at law responsible, (iv) contain a single personprovision that Tenant's insurance is primary, (v) not call into contribution any other insurance available to Landlord, (vi) contain a severability of interests clause and a cross-liability clause, where applicable, and to the limit of 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 $2,000,000 per occurrence. All policies shall name (vii) add Landlord and the mortgagee of the property its mortgagees as an additional named insuredinsureds. If requested by Landlord, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide from time to time promptly deliver to Landlord evidence satisfactory to Landlord that all premiums thereon have been paid and certificates of insurance coverage to confirming the extent of the full replacement value covering all of above. If Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of insurance may be reasonably required policy does not require Tenant's insurer 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 a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the give Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given at least thirty (30) days written notice prior to any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. To material alteration to the extent that Tenant fails to provide the foregoing insurance, either hazard or liabilityinsurance required under this section 9.02, Tenant shall be responsible hereby covenants to Landlord, as his interest appears, for give Landlord such damage that would have been insured by said policies but for Tenant's failure to obtain such insurancenotice.
Appears in 1 contract
Samples: Lease of Office Space (Corel Corp)
Tenant’s Insurance. The Tenant shall, as additional rent, take out and maintain in full force from the date upon which Tenant or its contractors or agents first enter the Premises for any reason and continuing throughout the Term and the Extension Term, if so exercised, unless earlier terminated, and thereafter so long as Tenant is in occupancy of any part of the Premises, the following insurance protecting Landlord:
(a) All Risk" insurance on the Building, expressly including rental interruption coverage in amounts sufficient to prevent Landlord or Tenant from becoming a co-insurer of any loss, but in any event, in amounts not less than the actual replacement value determined from time to time of the improvements on the Premises exclusive of foundations, site preparation and other non-recurring construction costs all as more particularly described in Exhibit D attached hereto.
(b) A policy of comprehensive public liability and property damage insurance with broad form comprehensive general liability endorsement attached under which Landlord and Tenant (and, at Landlord's request, any mortgagee of the Premises and any manager of the Parking Lot) are named as insureds, and under which the insurer provides a contractual liability endorsement insuring against all cost, expense and liability arising out of or based upon any and all claims, accidents, injuries and damages described in Section 6.1, in the broadest form of such coverage from time to time available. Each such policy shall be non-cancelable and non-amendable (to the extent that any proposed amendment reduces the limits or the scope of the insurance required in this Lease) with respect to Landlord without thirty (30) days' prior written notice to Landlord, and a duplicate certificate thereof shall be delivered to Landlord. As of the Commencement Date hereof, the minimum limits of liability of such insurance for each year shall be as set forth in Section 1.1, and from time to time during the entire term of this LeaseTerm for such higher limits as may be designated by Landlord, if any, as are carried customarily in the Boston area with respect to similar properties. Tenant shall deliver a certificate evidencing such coverage to Landlord, and at the TenantLandlord's sole cost and expense, but for the mutual benefit request any mortgagee of the premises or any manager of the Parking Lot, which certificate shall state that the coverage may not be amended or cancelled without at least thirty (30) days' prior written notice to Landlord, any mortgagee, or any manager of the Parking Lot, as the case may be.
(c) At any time when Tenant is performing construction work in or on the Premises, Tenant shall carry builder's risk insurance reasonably satisfactory to Landlord. Tenant shall provide Landlord and Tenantat Landlord's request any mortgagee, with a certificate evidencing such coverage, which shall state that the coverage cannot be canceled or amended without thirty (30) days' prior written notice to Landlord and any mortgagee.
(d) Tenant shall maintain general public liability insurance against claims for on all its personal injuryproperty, death or property damage occurring upontenant improvements, in and alterations, in, on, or about the entire property described Premises, a policy of physical hazard insurance on Exhibit an "Ball risks" attached hereto basis covering the perils of fire and onextended coverage, in or about the adjoining streets with vandalism and passagewaysmalicious mischief endorsements, such insurance to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single person, and to the limit of 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 $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the their full replacement value covering all cost. In the event of Tenantcasualty causing damage to the Premises, the proceeds from any such policy shall be used by Tenant for the replacement of personal property or the restoration of tenant improvements or alterations, unless this Lease is terminated as a result of the casualty as hereinafter provided Tenant shall deliver a certificate evidencing such coverage to Landlord and at Landlord's propertyrequest any mortgagee, fixtures, equipment, tools, improvements, stock, goods, wares which shall state that the coverage may not be amended or merchandise, that it may have in or on or about the Demised Premises. Other forms of canceled without at least thirty (30) days' prior written notice to Landlord and any mortgagee.
(e) All insurance may be reasonably required to cover future risks against which a prudent be maintained by Tenant would protect itself. All policies of insurance provided for herein shall be issued effected by insurance companies with a general policy holder's rating valid and enforceable policies insured by insurers of not less than A and a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and recognized responsibility qualified to do business in The Commonwealth of Massachusetts, and reasonably satisfactory to Landlord and any mortgagee. Upon the state Lease Commencement Date and thereafter, not less than thirty (30) days prior to the expiration dates of Utah. The the existing policies for the foregoing theretofore furnished pursuant to this paragraph, certificates of insurance shall be delivered by Tenant to Landlord and at Landlord's request any mortgagee. All such policies shall provide that the proceeds thereof at least thirty (30) days written notice to Landlord and any mortgagee prior to any termination thereof.
(f) All policies of insurance required to be maintained by Tenant shall be payable to the name Tenant and to Landlord as the Landlord, insured as their respective interests may appear. Said required Tenant If Landlord so requires', the proceeds of insurance coverage covering damage to the Building (excluding Tenant's trade fixtures and equipment) shall be verified payable to the Landlord by an insurance carrier in holder of any mortgage as the form interests of either a certified copy of such holder may appear pursuant to the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premisesstandard mortgagee clause. Such insurance All such policies shall provide that any loss shall be payable to Landlord or to the holder of any mortgage notwithstanding any act or negligence of Tenant which might otherwise result in forfeiture of such insurance. All such policies shall contain an agreement by the insurers that such policies shall not be given cancelled without at least thirty (30) days prior written notice prior to any cancellation or alteration the Landlord and to the holder. of any policymortgage to whom loss hereunder may be payable.
(g) Landlord may from time to time request Tenant to obtain additional or alternative insurance. So long as said coverage is reasonable and customary Tenant shall obtain such insurance. In the event Tenant breaches any covenant or condition set forth in this Section 6.2, except then without limiting any other right or remedy and not withstanding any other provision herein concerning notice or cure of defaults, Landlord may, after ten (10) business days written notice for non-payment of premium. To the extent that to Tenant, obtain such insurance as Tenant fails is required to provide the foregoing insuranceobtain and maintain, either hazard or liability, and Tenant shall be responsible pay the cost thereof and Landlord's reasonable expenses thereto to Landlord, Landlord as his interest appears, for such damage that would have been insured by said policies but for Tenant's failure to obtain such insuranceadditional rent.
Appears in 1 contract
Tenant’s Insurance. The Tenant shallTenant, at Tenant’s expense, agrees to maintain in force, with a company or companies reasonably acceptable to Landlord, during the entire term Term: (a) Commercial General Liability Insurance on a primary basis and without any right of this Lease, at contribution from any insurance carried by Landlord covering the Tenant's sole cost and expense, but for the mutual benefit of the Landlord and Tenant, maintain general public liability insurance Premises on an occurrence basis against all claims for personal injury, bodily injury, death or and property damage occurring upondamage, including contractual liability covering the indemnification provisions in or about the entire property described on Exhibit "B" attached hereto this Lease, and on, in or about the adjoining streets and passageways, such insurance shall be for such limits that are reasonably required by Landlord from time to afford protection time but not less than a combined single limit of Two Million and No/100 Dollars ($2,000,000.00); (b) Workers’ Compensation and Employers’ Liability Insurance to the limit extent required by and in accordance with the Laws of the State of California; (c) “All Risks” property insurance in an amount adequate to cover the full replacement cost of all Tenant Additions, equipment, installations, fixtures and contents of the Premises in the event of loss; (d) in the event a motor vehicle is to be used by Tenant in connection with its business operation from the Premises, Comprehensive Automobile Liability Insurance coverage with limits of not less than One Million and No/100 Dollars ($1,000,000 in respect to injury or death to a single person, and to the limit of 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 1,000,000.00) combined single limit coverage against bodily injury liability and property damage liability arising out of the use by or on behalf of Tenant, its agents and employees in connection with this Lease, of any owned, non-owned or hired motor vehicles; (e) Business Interruption Insurance; and (f) such other insurance or coverages as Landlord reasonably requires. Each policy not less than $2,000,000 per occurrence. All policies shall (i) name Landlord and the mortgagee of the property Indemnitees as an additional named insuredinsureds (except Workers’ Compensation and Employers’ Liability Insurance), as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 (ii) be issued by one or more responsible insurance companies with a general policy holder's rating of not less than A and a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified licensed to do business in the state State of Utah. The policies California reasonably satisfactory to Landlord, (iii) where applicable, provide for deductible amounts and co-insurance provisions reasonably satisfactory to Landlord, (iv) shall provide that such insurance may not be canceled or amended without thirty (30) days’ prior written notice to the foregoing Landlord and any Mortgagee or other party reasonably designated by Landlord, and (v) each policy of “All-Risks” property insurance shall provide that the proceeds policy shall not be invalidated should the insured waive in writing prior to a loss, any or all rights of recovery against any other party for losses covered by such policies. Tenant shall deliver to Landlord, certificates of insurance and at Landlord’s request, copies of all policies and renewals thereof shall to be payable maintained by Tenant hereunder, not less than ten (10) days prior to the Tenant Commencement Date and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given not less than thirty (30) days written notice prior to any cancellation or alteration the expiration date of any each policy, except ten (10) business days written notice for non-payment of premium. 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 damage that would have been insured by said policies but for Tenant's failure to obtain such insurance.
Appears in 1 contract
Samples: Lease Agreement (Zendesk, Inc.)
Tenant’s Insurance. The Tenant shall, shall effect and maintain during the entire term of this Lease, Term at the Tenant's its sole cost and expense:
(a) “all risks” insurance including flood, but earthquake, and sewer back up upon all property owned by the Tenant or by others and for which property the Tenant is responsible located in the Property including equipment, furniture, fixtures and Leasehold Improvements and Tenant’s legal liability in amounts sufficient to fully cover, on a replacement cost basis, all such items (for the mutual benefit avoidance of doubt, Tenant is not responsible for insuring the Structural Components or the Building Systems, which are the responsibility of the Landlord and Tenant, maintain pursuant to Section 11.4 below);
(b) comprehensive general public liability insurance on an occurrence basis, against claims for bodily injury, personal injury, death or economic loss and property damage occurring upon, arising from occurrences in or about the entire property described on Exhibit "B" attached hereto Property or arising from or in any way relating to the Tenant’s use or occupancy of the Premises or the Property, contractual liability (including coverage of the indemnities provided for in this Lease), non-owned automobile liability and onowner and contractors protective liability, in or about amounts which are from time to time acceptable to a prudent tenant in the adjoining streets and passagewayscommunity in which the Property is located (as reasonably determined by the Landlord), such insurance to afford protection to the limit of but not less than $1,000,000 CDN 5,000,000 in respect of each occurrence;
(c) any other form of insurance that the Landlord or any Mortgagee may reasonably require from time to injury or death to a single persontime in form, amounts and for insurance risks reasonably acceptable to the limit Landlord and any Mortgagee, including but not limited to:
(i) Business interruption insurance to cover fixed costs including rental expense, extra expenses and/or expediting expenses, in the event of not less than $2,000,000 in respect temporary interruption of operations due to any one accident, an insured loss; and
(ii) Boiler and to machinery insurance including production machinery under the limit of not less than $250,000 in respect to property damage or a combined single limit policy not less than $2,000,000 per occurrenceTenant’s control. All policies shall name the Landlord as “additional insured” and shall contain a clause providing the mortgagee Landlord thirty (30) days notice of the property as an additional named insuredany material change, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares non-renewal or merchandise, that it may have in or on or about the Demised Premises. Other forms cancellation of insurance may be reasonably required to cover future risks against which a prudent Tenant would protect itselfpolicies. All policies of insurance provided for herein shall be issued by insurance companies with a general policy holder's rating recorded as being primary, contain cross-liability and severability of not less than A and a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reportsinterest provisions, and qualified shall contain a waiver of subrogation against the Landlord. Should the Tenant fail to do business in maintain any of the state of Utah. The policies insurance required pursuant to this Section 11.1 and should such default continue for the foregoing insurance shall provide that the proceeds thereof shall be payable two Business Days after notice to the Tenant, then in addition to any other rights and remedies, the Landlord may, but shall have no obligation to, elect to obtain the required insurance and the Tenant and shall upon demand pay to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to Rent, the Landlord by an insurance carrier in the form Landlord’s cost of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. 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 damage that would have been insured by said policies but for Tenant's failure to obtain obtaining such insurance.
Appears in 1 contract
Tenant’s Insurance. a. The Tenant shallwill maintain at its cost (i) “all risks” property insurance on a replacement cost basis, during insuring all property owned by the entire term of this LeaseTenant or for which the Tenant is legally liable which is installed, at located or situated within the Leased Premises or elsewhere in the Building (which will contain the standard mortgage clause required by each Mortgagee) and (ii) public liability and property damage insurance with respect to the Leased Premises and the Tenant's sole cost ’s use of the Building (which will be written on a comprehensive basis with inclusive limits of at least three million dollars ($3,000,000.00) for each occurrence for bodily injury for any one or more Persons or property damage and expense, but for the mutual benefit contain a severability of interests clause and cross liability clauses) and (iii) comprehensive pressure vessel and machinery insurance including repair or replacement endorsement in an amount satisfactory to the Landlord and Tenant, maintain general public liability providing coverage with respect to all objects introduced into the Leased Premises by or on behalf of the Tenant or otherwise constituting Leasehold Improvements and (iv) plate glass insurance against claims for personal injury, death on all internal and external glass within or property damage occurring upon, in or about fronting the entire property described Leased Premises and (v) business interruption insurance on Exhibit "B" attached hereto and on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit profit form providing all risks coverage with a period of indemnity of not less than $1,000,000 in respect to injury or death then 12 months and subject to a single personstated amount co-insurance clause and (vi) any other form of insurance with whatever limits the Tenant, and to the limit of not less than $2,000,000 in respect to any one accidentLandlord, and to the limit of not less than $250,000 in respect to property damage acting reasonably, or a combined single limit policy not less than $2,000,000 per occurrence. All policies shall name Landlord Mortgagee requires from time to time, in form, in amounts and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of insurance may be reasonably required to cover future for risks against which a prudent Tenant tenant under similar circumstances would protect itself. All policies insure.
b. Each policy of insurance provided for herein shall be issued by insurance companies with a general policy holder's rating of not less than A and a financial rating of AAAwill name, as rated in the most current available "Best's Guide" Insurance Reportsinsureds, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to include the LandlordReleased Persons as additional insureds, each as their respective interests may appear. Said required The policies of insurance carried by the Tenant insurance coverage shall be verified with respect to the Landlord Leased Premises shall contain a waiver of any subrogation rights which the Tenant’s insurers may have against the Released Persons and those for whom any of them is in law responsible, whether or not any loss or damage is caused or contributed to by an the negligence of any of them. All policies will (i) be non-contributing and apply only as primary and not excess to any other insurance carrier available to any of the Released Persons; (ii) not be invalidated (in relation to the interests of any of the Released Persons) by reason of any breach of warranties, representations, declaration or conditions contained in the form of either a certified copy of policies; and (iii) contain an undertaking by the policy or other written verification of insurance coverage acceptable insurers to notify the Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given each Mortgagee in writing not less than thirty (30) days written notice prior to before any material change, cancellation or alteration termination. The Tenant shall waive its right of recovery against Landlord, its employees and those for whom Landlord is in law responsible with respect to occurrences required to be insured against by Tenant under this Lease.
c. Prior to taking possession of the Leased Premises and on every renewal date, the Tenant will deliver certificates of insurance executed by the Tenant’s insurers. No review or approval of any policy, except ten insurance policy or certificate by the Landlord will in any way alter the Landlord’s rights under this Lease.
d. The Tenant will not allow anything to occur that results in (10i) business days written notice an increase in premiums for non-payment any insurance carried by the Landlord or (ii) the cancellation or threatened cancellation or a reduction of premium. To coverage under any of the extent that Tenant fails to provide Landlord’s insurance policies on any part of the foregoing insurance, either hazard or liability, Tenant shall be responsible to Landlord, as his interest appears, for such damage that would have been insured by said policies but for Tenant's failure to obtain such insuranceBuilding.
Appears in 1 contract
Samples: Office Lease (Telvent Git S A)
Tenant’s Insurance. The Tenant shall, during the entire term of this Lease, at the Tenant's sole cost and expense, but for the mutual benefit shall maintain insurance complying with all of the Landlord following:
A. Tenant shall procure, pay for and Tenantkeep in full force and effect the following:
(1) Commercial general liability insurance, maintain general public including property damage, against liability insurance against claims for personal injury, bodily injury, death or and damage to property damage occurring upon, in or about the entire property described on Exhibit "B" attached hereto and onabout, or resulting from an occurrence in or about about, the adjoining streets and passageways, such insurance to afford protection to the Premises with combined single limit coverage of not less than $1,000,000 the amount of Tenant’s Liability Insurance Minimum specified in respect Section P of the Summary, which insurance shall contain a “contractual liability” endorsement insuring Tenant’s performance of Tenant’s obligation to injury or death to a single person, indemnify Landlord contained in ¶10.3;
(2) Fire and to the limit of 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 insurance in so-called “all risk” form insuring Tenant’s Trade Fixtures and Tenant’s Alterations for the full actual replacement cost thereof;
(3) Such other insurance that reasonably is either (i) required by any Lender, or a combined single limit (ii) reasonably required by Landlord and customarily carried by tenants of similar property in similar business.
B. Where applicable and required by Landlord, each policy not less than $2,000,000 per occurrence. All policies of insurance required to be carried by Tenant pursuant to this ¶9.1: (i) shall name Landlord and such other parties in interest as Landlord reasonably designates as additional insured; (ii) shall be primary insurance which provides that the mortgagee insurer shall be liable for the full amount of the property as an additional named insured, as their interest may appear. The initial mortgagee 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; (iii) shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage in a form satisfactory to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of insurance may be reasonably required to cover future risks against which a prudent Tenant would protect itself. All policies of insurance provided for herein Landlord; (iv) shall be issued by insurance carried with companies with a general reasonably acceptable to Landlord; (v) shall provide that such policy holder's rating shall not be subject to cancellation, lapse or change except after at least 3 days prior written notice to Landlord so long as such provision of 30 days notice is reasonably obtainable, but in any event not less than A 10 days prior written notice; (vi) shall not have a “deductible” in excess of such amount as is approved reasonably by Landlord; (vii) shall contain a cross liability endorsement; and (viii) shall contain a financial rating “severability” clause. If Tenant has in full force and effect a blanket policy of AAAliability insurance with the same coverage for the Premises as described above, as rated well as other coverage of other premises and properties of Tenant, or in which Tenant has some interest, such blanket insurance shall satisfy the most current available "Best's Guide" Insurance Reportsrequirements of this ¶9.1.
C. A copy of each paid-up policy evidencing the insurance required to be carried by Tenant pursuant to this ¶9.1 (appropriately authenticated by the insurer) or a certificate of the insurer, certifying that such policy has been issued, providing the coverage required by this ¶9.1, and qualified containing the provisions specified herein, shall be delivered to do business in Landlord prior to the state time Tenant or any of Utahits Agents enters the Premises and upon renewal of such policies, but not less than 5 days prior to the expiration of the term of such coverage. The Landlord may, at any time, and from time to time, inspect and/or copy any and all insurance policies for the foregoing required to be procured by Tenant pursuant to this ¶9.
1. If any Lender or insurance shall provide advisor reasonably determines at any time that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said amount of coverage required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the for any policy or other written verification of insurance coverage acceptable Tenant is to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior obtain pursuant to any cancellation or alteration of any policythis ¶9.1 is not adequate, except ten (10) business days written notice for non-payment of premium. To the extent that Tenant fails to provide the foregoing insurance, either hazard or liability, then Tenant shall be responsible to Landlord, as his interest appears, increase such coverage for such damage that would have been insured insurance to such amount as such Lender or insurance advisor reasonably deems adequate, not to exceed the level of coverage for such insurance commonly carried by said policies but for Tenant's failure to obtain such insurancecomparable businesses similarly situated.
Appears in 1 contract
Tenant’s Insurance. The To take out and keep in force throughout the Term and during such other time as the Tenant shall, during occupies the entire term of this LeaseBuilding or a part thereof, at the Tenant's its sole cost and expense, but for the mutual benefit of the Landlord and Tenant, maintain general :
(i) public liability insurance against claims for personal in the amount of FIVE MILLION DOLLARS ($5,000,000.00) or such greater amount as the Landlord may determine from time to time in respect of bodily injury, death including death, to one or more persons and property damage occurring upondamage;
(ii) all risk insurance covering all the contents of the Building including, but not being limited to, merchandise, inventory, stock in or about trade, furniture, plate glass, fixtures and improvements which the entire property described on Exhibit "B" attached hereto and on, Tenant installs in or about the adjoining streets and passageways, such Building to the full replacement value thereof;
(iii) automobile liability insurance to afford protection to the a limit of liability of not less than FIVE MILLION DOLLARS ($1,000,000 5,000,000.00) in respect to injury or death to a single person, and to the limit of not less than $2,000,000 in respect to any one accident, covering all licensed motor vehicles owned by the Tenant and used in connection with the business carried on from the Building; and
(iv) all other insurance in such amounts and upon such terms as determined by the Landlord, its insurance advisors or its mortgagee. The Tenant's insurance policies referred to the limit of not less than $250,000 in respect to property damage or a combined single limit policy not less than $2,000,000 per occurrence. All policies under this paragraph (1) shall name the Landlord and any persons, firms or corporations designated by the mortgagee of the property Landlord as an additional named insureds thereunder as their interests may appear, shall contain a waiver of all rights of subrogation against the Landlord and cross-liability clause protecting the Landlord and any other insured designated by it against claims by the Tenant as if the Landlord and such other insured designated by the Landlord were separately insured, as their interest may appear. The initial mortgagee and shall be State Farm Life Insurance Company. Tenant shall also provide contain a clause that the insurer will not cancel, change or refuse to renew the insurance coverage to without first giving the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of insurance may be reasonably required to cover future risks against which a prudent Tenant would protect itselfLandlord and insured party so designated thirty (30) days' prior written notice. All policies of insurance provided for herein shall will be issued by insurance companies placed with a general policy holder's rating of not less than A and a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified insurers acceptable to the Landlord by an insurance carrier and in a form satisfactory to the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for Tenant will promptly deliver to the Demised PremisesLandlord copies or certificates of such policies. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. To If the extent that Tenant fails to provide take out or keep in force any policy of insurance referred to in this paragraph (1), the foregoing insurance, either hazard or liability, Landlord may do so and pay the premium and in that event the Tenant shall pay to the Landlord the amount so paid as additional rent which shall be responsible due and payable by the Tenant to Landlord, as his interest appears, for such damage that would have been insured by said policies but for Tenant's failure to obtain such insurancethe Landlord on demand.
Appears in 1 contract
Tenant’s Insurance. The Tenant shall, during the 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 insurance against claims for personal fox xxxxonal injury, death or property damage occurring upon, in or about the entire property described on Exhibit "B" attached hereto and on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single person, and to the limit of 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 $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insuredinsxxxx, as xx their interest may appear. The initial mortgagee shall be State Farm Life Insurance CompanyGE Capital Commercial Mortgage Corporation, GECMC 2001-3 Loan Number 70-2000443. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixturesfixture, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 a financial rating of AAA, as rated in the most current available "Best's Best Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. 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 damage that would have been insured by said policies but for Tenant's failure to obtain such insurance.
Appears in 1 contract
Tenant’s Insurance. The Tenant shallshall maintain insurance as follows, during with such other terms, coverages and insurers, as Landlord shall reasonably require from time to time:
(1) Commercial General Liability Insurance, with (a) Contractual Liability including the entire term of indemnification provisions contained in this Lease, at (b) a severability of interest endorsement and cross liability clause, (c) limits of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence and not less than Two Million Dollars ($2,000,000) in the aggregate for bodily injury, sickness or death, and property damage, and umbrella coverage of not less than Five Million Dollars ($5,000,000).
(2) Property Insurance against “All Risks” of physical loss with business interruption and extra expense coverage covering the replacement cost of all improvements, fixtures and personal property of Tenant's sole cost , including without limitation (i) sprinkler leakage, ordinance and expenselaw, but sewer back-up, windstorm and collapse coverage, and (ii) flood and earthquake coverage. Tenant waives all rights of subrogation, and Tenant’s property insurance shall include a waiver of subrogation in favor of Landlord. Notwithstanding the foregoing, so long as the Tenant under this Lease is Everbridge, Inc., Tenant may elect to “self-insure” against the risks described in clause (ii) of this Section 8(C)(2) above (the “Self-Insured Risks”); i.e., Tenant may elect to absorb all liability for which Tenant would otherwise have insurance coverage under policies of insurance for the mutual benefit Self-Insured Risks; provided, however, Tenant shall not be released from liability hereunder by reason of such self-insurance. To the extent Tenant elects to self-insure such risks (which election shall automatically be deemed to have been made by Tenant to the extent of any failure to carry insurance on the Self-Insured Risks), then, as between Landlord and Tenant, Tenant shall be treated as if Tenant maintained such insurance (as primary insurance and any insurance carried by Landlord and its agents, mortgagees, and ground lessors, if any, will be excess over and non-contributing with such insurance) and Tenant hereby waives any rights of recovery and subrogation against Landlord and/or Landlord’s insurer for any loss which would have been covered had Tenant maintained insurance covering the Self-Insured Risks.
(3) Workers’ compensation or similar insurance in form and amounts required by law, and Employer’s Liability with not less than the following limits: Each Accident $ 500,000 Disease—Policy Limit $ 500,000 Disease—Each Employee $ 500,000 Such insurance shall contain a waiver of subrogation provision in favor of Landlord and its agents. Tenant’s insurance shall be primary and not contributory to that carried by Landlord, its agents, or mortgagee. Landlord, and if any, Landlord’s building manager or agent, mortgagee and ground lessor shall be named as additional insureds as respects to insurance required of the Tenant in Section 8C(1). The company or companies writing any insurance which Tenant is required to maintain general public under this Lease, as well as the form of such insurance, shall at all times be subject to Landlord’s approval, and any such company shall be licensed to do business in the state in which the Project is located. Such insurance companies shall have a A.M. Best rating of A VI or better. Tenant shall cause any contractor of Tenant performing work on the Premises to maintain insurance as follows, with such other terms, coverages and insurers, as Landlord shall reasonably require from time to time:
(1) Commercial General Liability Insurance, including contractor’s liability insurance against claims coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement, and contractor’s protective liability coverage, to afford protection with limits, for each occurrence, of not less than One Million Dollars ($1,000,000) with respect to personal injury, death or property damage occurring upondamage.
(2) Workers’ compensation or similar insurance in form and amounts required by law, in or about the entire property described on Exhibit "B" attached hereto and on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit of Employer’s Liability with not less than $1,000,000 the following limits: Each Accident $ 500,000 Disease—Policy Limit $ 500,000 Disease—Each Employee $ 500,000 Such insurance shall contain a waiver of subrogation provision in respect favor of Landlord and its agents. Tenant’s contractor’s insurance shall be primary and not contributory to injury that carried by Tenant, Landlord, their agents or death to a single personmortgagees. Tenant and Landlord, and to the limit of not less than $2,000,000 in respect to any one accidentif any, and to the limit of not less than $250,000 in respect to property damage Landlord’s building manager or a combined single limit policy not less than $2,000,000 per occurrence. All policies shall name Landlord and the agent, mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee or ground lessor shall be State Farm Life Insurance Company. Tenant shall also provide named as additional insureds on Tenant’s contractor’s insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. 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 damage that would have been insured by said policies but for Tenant's failure to obtain such insurancepolicies.
Appears in 1 contract
Samples: Lease Agreement (Everbridge, Inc.)
Tenant’s Insurance. The Tenant shall maintain during the Term and any renewal thereof or later occupation of the Premises insurance with respect to its interest in the Premises, the fixtures and Improvements made by or on behalf of Tenant in the Premises, and all operations of Tenant in and from the Premises. Tenant’s insurance shall be in amounts equal to those maintained by prudent tenants of similar premises and shall, during without limiting the entire term foregoing, cover the following risks:
a) “all risks” (including flood and earthquake) coverage for property of this Leaseevery kind owned by Tenant or for which Tenant is legally liable or installed by or on behalf of Tenant and which is located within the Building, at including, without limitation, all of Tenant’s furniture and movable equipment and all leasehold improvements and other Improvements, in an amount not less than the full replacement cost thereof;
b) “all risks” Tenant's sole cost and expense’s legal liability insurance in an amount not less than $2 000 000.00;
c) comprehensive general liability insurance including, but for not limited to property damage, public liability, personal injury liability, contractual liability, non-owned automobile liability and contractor’s protective insurance coverage, all on an occurrence basis with respect to the mutual benefit use, occupancy, activities or things on the Premises and with respect to the use and occupancy of any other part of the Landlord and TenantBuilding by Tenant or any of its employees, maintain general public liability insurance against claims agents, contractors or persons for personal whom Tenant is in law responsible with coverage of not less than five million dollars ($5,000,000.00) for each occurrence involving bodily injury, death or property damage occurring upon, (or for such higher limits as Landlord may reasonably require from time to time);
d) the Tenant shall not be bound to have business interruption insurance in such amounts as will reimburse Tenant for direct and indirect loss of earnings however the Tenant shall continue to pay its Rent under the Lease and be responsible for other perils commonly insured against by prudent tenants; and
e) such other coverage as Landlord’s insurer or about the entire property described on Exhibit "B" attached hereto and on, in or about the adjoining streets and passageways, such insurance to afford protection Mortgagee may require having regard to the limit risks which are customarily insured against by prudent tenants of not less than $1,000,000 in respect to injury or death to a single person, and to the limit of 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 $2,000,000 per occurrencelike premises. All policies Such insurance shall name include:
i) Landlord and the mortgagee of the property any Mortgagee designated by Notice from Landlord together with those for whom they are in law responsible as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, insured as their respective interests may appear;
ii) a severability of interests and cross-liability clauses protecting Landlord in respect of claims by Tenant as if Landlord was separately insured;
iii) a provision prohibiting the insurer from materially altering or cancelling the coverage without first giving Landlord at least 30 days prior Notice thereof; and
iv) a waiver of any subrogation rights which Tenant’s insurers may have against Landlord and against those for whom Landlord is in law responsible. Said required As of the Commencement Date and each year during the Term and this, without demand from the Landlord, Tenant shall provide Landlord with a copy of the certificate of insurance coverage shall be verified and any renewals thereof attesting the existence of such insurance. Should the Tenant fail to obtain insurance or to furnish said copy to the Landlord by an insurance carrier in as required herein, the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall may provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration of any policy, except ten (10) Tenant with 10 business days written notice for non-payment of premium. To to rectify the extent that Tenant fails to provide default, and if the foregoing insurance, either hazard or liability, Tenant shall fail to rectify that default within that time, the Landlord may, but shall not be responsible to obligated to, arrange for the required insurance and all premiums paid by the Landlord, together with its expenses in respect thereof, shall be reimbursed by the Tenant to the Landlord, upon request, as his interest appearsAdditional Rent the whole, without any claim against the Landlord from the Tenant, including damages caused to Tenant following a fire or other casualty for such damage that would which the Tenant should have been insured by said policies but for Tenant's failure to obtain such insuranceinsured.
Appears in 1 contract
Samples: Lease Agreement (Enerkem Inc.)
Tenant’s Insurance. The Tenant shall, shall purchase and maintain in force during the entire Term and any renewal term the following insurance coverage satisfactory to the HRRA:
(a) during any periods of this Leaseconstruction upon the Subleased Premises, at the Tenant's sole cost and expense, but for the mutual benefit property insurance in an amount not less than One Hundred (100%) Percent of the Landlord and Tenantreplacement value of the improvements upon the Subleased Premises, maintain providing coverage by way of a "builder's all risk" policy, such policy to be satisfactory to the HRRA acting reasonably;
(b) comprehensive general public liability insurance against against, among other things, claims for personal injury, death death, property damage, or property damage occurring third party or public liability claims arising from any one accident or Dollars $2,000,000.00 Commercial Lessees shall carry $5,000,000.00 occurrence upon, in or about the entire property described on Exhibit "B" attached hereto Subleased Premises of and on, in or about the adjoining streets and passageways, such insurance from any cause to afford protection to the limit an amount of not less than $1,000,000 [ (or from time to time such greater amounts as are sufficient, as determined from time to time by the HRRA acting reasonably, to afford equivalent protection against all such claims) in respect of any one accident or occurrence; such general liability insurance coverage to injury be satisfactory to the HRRA acting reasonably;
(c) broad form comprehensive boiler and machinery insurance on a blanket repair and replacement basis with limits for each accident in an amount not less than the full replacement costs of all property owned by the Tenant and located in or death upon the Subleased Premises; and
(d) from and after completion of construction, property insurance on the Subleased Premises and all fixtures and improvements within the Subleased Premises from loss or damage caused by:
(i) fire and other perils as may from time to time be included in fire insurance policies generally available to owners of commercial premises in the Province of Alberta; and
(ii) risks normally insured against by owners of premises in the Province of Alberta for a single persondevelopment of the size, construction, location and use similar to the Project. Such insurance shall be for the full replacement value of the Project and all fixtures and improvements within the Subleased Premises, and to be satisfactory to the limit HRRA acting reasonably. Each insurance policy referred to in this Section 10.1 shall name the Landlord and the HRRA and any person, firm or corporation designated by the HRRA as additional insureds or loss payees, as applicable, and as their interest may appear and such policies will contain:
(a) a waiver of any subrogation rights which the Tenant’s insurers may have against the Landlord and the HRRA;
(b) a severability of interests clause or a cross liability clause;
(c) a clause stating that the Tenant’s insurance policy will be considered as the primary insurance and shall not call into contribution any other insurance that may be available to the HRRA or the Landlord; and
(d) an undertaking by the insurers to notify the HRRA in writing of any cancellation of any policy, not less than $2,000,000 in respect to any one accident, and Thirty (30) Days prior to the limit of not less than $250,000 in respect to property damage or a combined single limit policy not less than $2,000,000 per occurrencecancellation thereof. All policies shall name Landlord be taken out with insurers and shall be in a form acceptable to the mortgagee HRRA acting reasonably. The Tenant agrees that certificates of insurance acceptable to the HRRA or if required by the HRRA, certified copies of each such insurance policy, will be delivered to the HRRA on or before the Commencement Date and thereafter, annually thorough the Term on the anniversary of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of insurance may be reasonably required to cover future risks against which a prudent Tenant would protect itselfCommencement Date. All policies shall contain an undertaking by the insurers to notify the HRRA in writing, of insurance provided for herein shall be issued by insurance companies with a general policy holder's rating any material change, cancellation or termination of any provision of any policy, not less than A and a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any the material change, cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. 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 damage that would have been insured by said policies but for Tenant's failure to obtain such insurancetermination thereof.
Appears in 1 contract
Samples: Sublease Agreement
Tenant’s Insurance. The Tenant shall, during the entire term of this LeaseTenant, at the Tenant's sole cost and expense, but shall obtain and keep in full force and effect (i) an "all risk" insurance policy for Tenant's Property at the mutual benefit Premises, and (ii) a policy of the Landlord commercial general liability and Tenant, maintain general public liability insurance against claims for personal injury, death or property damage occurring uponinsurance on an occurrence basis, with a broad form contractual liability endorsement (the insurance policy described in or about this clause (ii) being referred to herein as the entire property described on Exhibit "B" attached hereto and on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single person, and to the limit of 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 $2,000,000 per occurrenceLiability Policy"). All Such policies shall name Landlord Tenant as the insured. Landlord, Landlord's managing agent, and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee any Lessors and any Mortgagees (whose names have been furnished to Tenant) shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or named as additional insureds on or about the Demised Premises. Other forms of 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 a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlordsuch policies, as their respective interests may appear. Said required The Liability Policy shall contain a provision that (a) no act or omission of Tenant insurance coverage shall affect or limit the obligation of the insurer to pay the amount of any loss sustained, and (b) the policy shall be verified non-cancelable with respect to Landlord, Landlord's managing agent, and such Lessors and Mortgagees unless written notice has been given to Landlord, which notice shall contain the Landlord by an insurance carrier in policy number and the form of either a certified copy names of the policy or other written verification of insurance coverage acceptable to Landlord insured and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given additional insureds, at least thirty (30) days written notice prior to any cancellation or alteration the effective date of any policysuch cancellation for any reason other than the non-payment of premium, except or at least ten (10) business days written notice for prior to the effective date of any such cancellation by reason of non-payment of premium. To If (i) any insurance obtained by Tenant covers Alterations, and (ii) this Lease does not terminate after the occurrence of a fire or other casualty, then (a) Tenant, promptly after the occurrence of such fire or other casualty, shall make an appropriate claim against its insurer in respect thereof, (b) Tenant shall not settle, adjust or compromise any such claim without Landlord's prior approval, which approval Landlord shall not unreasonably withhold or delay, and (c) Tenant shall pay to Landlord any amounts recovered from Tenant's insurer for damage to such Alterations caused by such fire or other casualty, promptly after Tenant's receipt thereof from such insurer (it being agreed, however, that Landlord's obligation to restore such Alterations to the extent that Tenant fails otherwise provided herein shall be unaffected by the inadequacy of such insurance to provide cover the foregoing insurance, either hazard or liability, cost of such restoration). Tenant shall deliver promptly to Landlord a copy of any notice of cancellation or any other notice from the insurance carrier which may adversely affect the coverage of the insureds under any policy of insurance described in this Section 9.
1. The minimum amounts of liability under the Liability Policy shall be responsible a combined single limit with respect to each occurrence in an amount of Five Million Dollars ($5,000,000) for injury (or death) to persons and damage to property, which amount may be increased from time to time to that amount of insurance which in Landlord's reasonable judgment is then being customarily required by prudent landlords of first-class buildings in Manhattan from tenants leasing space similar in size, nature and location to the Premises. All insurance required to be carried by Tenant pursuant to the terms of this Lease shall be effected under valid and enforceable policies issued by reputable and independent insurers permitted to do business in the State of New York, and rated in Best's Insurance Guide, or any successor thereto (or if there is none, an organization having a national reputation) as his interest appears, for such damage that would have been insured by said policies but for Tenant's failure to obtain such insurancehaving a general policyholder rating of "A" and a financial rating of at least "XIII".
Appears in 1 contract
Tenant’s Insurance. The Section 8.02 of the Lease is hereby deleted and, in lieu thereof, the following is instead substituted: Tenant shallshall purchase, at its own expense, and keep in force at all times during the entire term of this Lease, at Lease Term the Tenant's sole cost and expense, but for the mutual benefit of the Landlord and Tenant, maintain general public liability 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 on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single person, and to the limit of 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 $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of insurance may be reasonably required to cover future risks against which a prudent Tenant would protect itself. All policies of insurance provided for herein set forth below (collectively, “Tenant’s Policies”). All Tenant’s Policies shall (a) be issued by an insurance companies company with a general policy holder's Best’s rating of not less than A or better (excluding situations where the Tenant self-insures as provided herein) and a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, otherwise reasonably acceptable to Landlord and qualified shall be licensed to do business in the state of Utahin which the Leased Premises is located; (b) provide that said insurance shall not be canceled unless 30 days’ prior written notice shall have been given to Landlord; (c) provide for deductible amounts that are reasonably acceptable to Landlord (and its lender, if applicable) and (d) otherwise be in such form, and include such coverages, as Landlord may reasonably require. The policies 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 foregoing indemnity obligations of Tenant under this Lease; (4) contain a separation of insured parties provision; (5) be primary, with respect to Tenant’s obligations under the Lease, not contributing with, and not in excess of, coverage that Landlord may carry (with Landlord’s insurance being primary with respect to Landlord’s obligations under the lease); 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” or similar endorsement) shall provide be delivered to Landlord prior to the Commencement Date and upon renewal and request a Certificate of Insurance will be delivered. In the event that Tenant fails, at any time or from time to time, to comply with the proceeds requirements of the preceding sentence, Landlord may (A) order such insurance and charge the cost thereof to Tenant, which amount shall be payable by Tenant to the Tenant and to the LandlordLandlord upon demand, as their respective interests may appear. Said required Additional Rent or (B) impose on Tenant, as Additional Rent, a monthly delinquency fee, for each month during which Tenant insurance coverage shall be verified fails to comply with the Landlord by foregoing obligation, in an insurance carrier in the form of either a certified copy amount equal to five percent (5%) of the policy or other written verification of insurance coverage acceptable Monthly Rental Installments then in effect. Tenant shall give prompt notice to Landlord and Agent of any bodily injury, death, personal injury, advertising injury or property damage occurring in and about the lending institution 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, in the amount of not less than $2,000,000.00 per occurrence, and $5,000,000.00 annual general aggregate, per location; (ii) comprehensive automobile liability insurance covering Tenant against any personal injuries or deaths of persons and property damage based upon or arising out of the ownership, use, occupancy or maintenance of a motor vehicle at the Premises and all areas appurtenant thereto in the amount of not less than $1,000,000, combined single limit; (iii) omitted; (iv) workers’ compensation insurance per the applicable state statutes covering all employees of Tenant; (v) business interruption insurance with limits not less than an amount equal to two (2) years’ rent due hereunder; and if Tenant handles, stores or utilizes Hazardous Substances in its business operations, (vi) pollution legal liability insurance. The foregoing notwithstanding, Landlord hereby consents to Tenant’s self-insurance program provided that, at all times throughout the Term during which Tenant desires that Landlord accept Tenant’s self-insurance program, said program contains procedures (reasonably acceptable to Landlord) governing the investigation, litigation, processing, funding of reserves, and payment of insurance claims (including claims brought by Landlord in its capacity as an additional insured under this Lease), which procedures shall be consistent with those of third-party insurers. At all times, Tenant’s self-insurance program shall be subject to, and comply with, all of the requirements for the Demised Premises. Such Tenant’s insurance policies as described in this Section 8.02 and Landlord’s consent to Tenant’s self-insurance program shall provide that Landlord be given thirty (30) days written notice prior to not diminish or abrogate any cancellation or alteration all of said requirements in any policy, except ten (10) business days written notice for non-payment of premiumway. To the extent that Tenant fails to provide the foregoing insurance, either hazard or liabilityUpon Landlord’s request, Tenant shall be responsible deliver to Landlord certificates and written details, reasonably acceptable to Landlord, evidencing the compliance of its self-insurance program with the provisions of this paragraph. Landlord’s consent to Tenant’s self-insurance program will automatically terminate upon the effective date of any assignment, transfer or assumption of the Lease by or to any third party, including transfers by operation of law, regardless of whether or not Landlord consents to such transfer (and without, in any way or to any extent, constituting a waiver of any requirement imposed under this Lease that Landlord consent to, and approve of, any such assignment, transfer or assumption). If the net worth of Tenant is less than Fifty Million and N0/100 Dollars ($50,000,000.00), or if Tenant further assigns the Lease or sublets the Leased Premises or any part thereof, then Landlord may require Tenant, or its assigns or subtenants, to keep in force during the Term of the Lease the insurance policies referenced in this Section 8.02. As used herein, the term “net worth” shall mean the stockholder’s equity as his interest appears, for such damage that would have been insured by said policies but for determined in accordance with generally accepted accounting principles as published in the most recent annual report of Tenant's failure to obtain such insurance.
Appears in 1 contract
Samples: Industrial Lease Agreement
Tenant’s Insurance. The Tenant shall, during the entire term of this LeaseTenant, at the Tenant's sole cost and its expense, but for the mutual benefit shall keep in effect (i) commercial general liability insurance, including blanket contractual liability insurance, covering Tenant’s use of the Landlord and Tenant, maintain Property in the following amounts. Not less than a $2,000,000 combined single limit with a $3,000,000 general public liability insurance against claims aggregate limit for personal injury, death bodily injury or property damage occurring upon(provided, however, that such limits shall not limit Tenant’s liability hereunder), (ii) workmen’s compensation insurance covering Tenant’s, employees conducting the operation of its business upon the Premises, and (iii) “all risk” coverage on all of Tenant’s personal property, including, but not limited to, standard fire and extended coverage insurance with vandalism and malicious mischief endorsements on all Tenant’s improvements and alterations in or about the entire property described on Exhibit "B" attached hereto and onPremises, in or about the adjoining streets and passageways, such insurance to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single person, and to the limit of 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 $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the their full replacement value covering all value. Landlord and Txxxxx agree that the foregoing stated amounts are subject to revision during the Term of this Lease if necessary in order to conform said amounts to those then being required in leases of similar space in Southeastern Pennsylvania area. Tenant shall provide Landlord (and any other associated or affiliated entity as their interests may appear and at Landlord’s request, any Mortgagee) with a certificate of insurance evidencing that each of the foregoing parties are listed as an additional insured in Tenant's property’s policy. Without limitation of the foregoing, fixturesLandlord and Landlord’s managing agent for the Building shall each be listed as an “additional insured” on Tenant’s policy of liability insurance, equipment, tools, improvements, stock, goods, wares or merchandise, including any replacement(s) thereof. Tenant’s insurance shall be written on an “occurrence” basis and not on a “claims made” basis and shall be endorsed to provide that it may have in shall not be cancelable or on or about the Demised Premisesreduced without at least 30 days prior notice to Landlord. Other forms of insurance may be reasonably required to cover future risks against which a prudent Tenant would protect itself. All policies of insurance provided for herein The insurer shall be issued by insurance companies with a general policy holder's rating of not less than A and a financial rating of AAAauthorized to issue such insurance, as rated in the most current available "Best's Guide" Insurance Reports, and qualified licensed to do business and, admitted in the state of Utahin which the Property is located, and reasonably acceptable to Landlord. The policies for Tenant shall deliver to Landlord on or before the foregoing insurance shall provide that Commencement Date or any earlier date on which Tenant accesses the proceeds thereof shall be payable Premises, and at least 30 days prior to the Tenant and to the Landlorddate of each policy renewal, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification certificate of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. 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 evidencing such damage that would have been insured by said policies but for Tenant's failure to obtain such insurancecoverage.
Appears in 1 contract
Samples: Lease Agreement (Savara Inc)
Tenant’s Insurance. The Tenant shall, at Tenant’s expense, obtain and keep in full force during the entire term of this Lease: (a) a policy of commercial general liability insurance with a broad form comprehensive general liability endorsement applicable to the Premises and its appurtenances insuring Landlord, at any mortgagees of Landlord, the Tenant's sole cost management company managing the Center and expense, but for the mutual benefit Tenant against any liability arising out of the Landlord ownership, use, occupancy or maintenance of the Premises and Tenantall areas appurtenant thereto, maintain general public liability which 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 on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a shall have combined single person, and to the limit limits of not less than $2,000,000 for bodily injury or death of any person or persons or property damage or destruction or in any one accident or occurrence and shall contain a contractual liability endorsement covering Tenant’s indemnity obligations under this Lease; (b) Plate glass insurance and all risks of physical loss insurance written at replacement cost value and with a replacement cost endorsement covering all of Tenant’s property in the Premises, and all leasehold improvements in the Premises made by Tenant, if any, for damage or other loss caused by fire or other casualty or cause including, but not limited to, vandalism and malicious mischief, theft, explosion, and water damage of any type, including sprinkler leakage and bursting of pipes, with endorsements for assumed contractual liability with respect to any liabilities assumed by Tenant under the provisions of this Lease (provided, however that Tenant may self insure for damage to or breakage of plate glass in the Premises); (c) Business interruption insurance covering periods of not less than one accident(1) year; (d) property damage insurance for Tenant’s trade fixtures, stock and to all property located on the limit Premises for the full replacement value thereof; and (e) workers’ compensation insurance as required by statute with employers liability coverage of not less than $250,000 in 500,000.00 per occurrence and a waiver of subrogation with respect to property damage or Landlord. Landlord shall have the right to cause such limits to be increased from time to time (but no more than once every five (5) years) based upon limits then customarily required of tenants in similar Property in the Chicago, Illinois area. The limit of any such insurance shall not, however, limit the liability of Tenant hereunder. Tenant may provide this insurance under a combined single limit policy blanket policy, provided that said insurance shall have a landlord’s protective liability endorsement attached thereto. If Tenant shall fail to procure and maintain said insurance, Landlord may, but shall not less than $2,000,000 per occurrencebe required to, procure and maintain same at the expense of Tenant and Tenant shall reimburse Landlord for same, immediately upon demand, as additional Rent. Insurance required hereunder shall be obtained from companies satisfactory to Landlord. All insurance policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee to be carried by Tenant hereunder shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent written as primary policies not contributing with or in excess of the full replacement value covering all of Tenant's propertycoverage, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it which Landlord may have in or on or about the Demised Premises. Other forms of 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 a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. 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 damage that would have been insured by said policies but for Tenant's failure to obtain such insurancecarry.
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Tenant’s Insurance. The Tenant shallshall purchase, at its own expense, and keep in force at all times during the entire term of this Lease, at Lease Term the Tenant's sole cost and expense, but for the mutual benefit of the Landlord and Tenant, maintain general public liability 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 on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single person, and to the limit of 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 $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of insurance may be reasonably required to cover future risks against which a prudent Tenant would protect itself. All policies of insurance provided for herein set forth below (collectively, "Tenant's Policies"). All Tenant's Policies shall (a) be issued by an insurance companies company with a general policy holderBest's rating of not less than A or better and a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, otherwise reasonably acceptable to Landlord and qualified shall be licensed to do business in the state of Utahin which the Leased Premises is located; (b) provide that said insurance shall not be canceled or materially modified unless 30 days' prior written notice shall have been given to Landlord; (c) provide for deductible amounts that are reasonably acceptable to Landlord (and its lender, if applicable) and (d) otherwise be in such form, and include such coverages, as Landlord may reasonably require. The policies 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 foregoing 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 certificates of insurance for Tenant's Policies shall provide that be delivered to Landlord prior to the proceeds Commencement Date and renewals thereof shall be delivered to Landlord's corporate and regional notice addresses at least 30 days after renewal of any such 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 and such failure continues for 5 business days after notice from Landlord to Tenant, Landlord may order such insurance and charge the cost thereof to Tenant, which amount shall be payable by Tenant to the Tenant and to the LandlordLandlord upon demand, as their respective interests may appearAdditional Rent. Said required Tenant insurance coverage shall be verified give prompt notice to Landlord of any bodily injury, death, personal injury, advertising injury or property damage occurring in and about the Landlord by an insurance carrier 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, in the form amount of either a certified copy not less than $2,000,000.00 per occurrence, and $5,000,000.00 annual general aggregate, per location, (ii) comprehensive automobile liability insurance covering Tenant against any personal injuries or deaths of persons and property damage based upon or arising out of the policy ownership, use, occupancy or other written verification maintenance of a motor vehicle at the Premises and all areas appurtenant thereto in the amount of not less than $1,000,000, combined single limit; (iii) commercial property insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30including reasonable business interruption limits) days written notice prior to any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. 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 damage that would have been insured by said policies but for covering Tenant's failure to obtain such Property (at its full replacement cost); (iv) workers' compensation insurance per the applicable statutes covering all employees of Tenant; and if Tenant handles, stores or utilizes Hazardous Substances in its business operations, (v) pollution legal liability insurance.
Appears in 1 contract
Samples: Lease (Universal Electronics Inc)
Tenant’s Insurance. 16.1 The Tenant shallshall provide at its own expense and keep in force, during any rent-free period and continuously throughout the entire term Term of this LeaseLease and any renewal thereof, at in the name of the Tenant's sole cost and expense, but for the mutual benefit of the Landlord and Tenantthe Landlord's mortgagee, maintain the following:
16.1.1 Comprehensive general public liability insurance against claims for personal injury, death or property damage occurring upon, in or about on an occurrence basis with respect to the entire property described on Exhibit "B" attached hereto and business carried on, in or about from the adjoining streets Leased Premises and passageways, such insurance to afford protection to the limit Tenant's use and occupancy of the Leased Premises and of any other part of the Building or Lands with coverage for any one occurrence or claim of not less than TWO MILLION DOLLARS ($1,000,000 2,000,000.00), which insurance shall include the Landlord as an additional insured, and shall contain cross liability and severability of interest clauses and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured;
16.1.2 Insurance with respect to injury or death fire and such other perils as are from time to a single persontime included in the usual extended coverage endorsement covering the leasehold improvements, trade fixtures and to the limit of furniture and the equipment in the Leased Premises for not less than $2,000,000 in respect to any one accidentthe full replacement cost thereof, and to which insurance shall include the limit of not less than $250,000 in respect to property damage or a combined single limit policy not less than $2,000,000 per occurrence. All policies shall name Landlord and the any mortgagee of the property Building as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, ADDITIONAL insureds as their respective interests may appear. Said required ;
16.1.3 Business interruption insurance in such amount as will reimburse the Tenant insurance coverage shall be verified for direct or indirect loss of earnings attributable to any peril commonly insured against by prudent tenants or attributable to the Landlord by an insurance carrier prevention of access to the Leased Premises as a result of any such peril; and
16.1.4 Insurance against any such other peril and in such reasonable amounts as the form of either a certified copy of the policy or other written verification of insurance coverage acceptable Landlord, acting reasonably, may from time to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given time reasonably require upon not less than thirty (30) days notice, such requirement to be made on the basis that the required insurance is customary at the time for reasonably prudent tenants occupying premises similar to the Leased Premises.
16.2 Where the Tenant may desire to receive indemnity by way of insurance for any property, work or thing whatever, the Tenant shall insure same for its own account and shall not look to the Landlord for reimbursement or recovery in the event of loss or damage from any cause, whether or not the Landlord has insured same and recovered therefor.
16.3 To the extent only of insurance proceeds actually received by the Landlord under the policy or policies of insurance maintained OR REQUIRED HEREUNDER TO BE MAINTAINED BY LANDLORD, THE LANDLORD AGREES TO RELEASE THE TENANT FOR ANY LOSS SUSTAINED.
16.4 The Tenant agrees to release and hold harmless the Landlord for loss or damage to the property of the Tenant and in addition all policies of insurance required to be written notice on behalf of the Tenant pursuant to Paragraph 16.1.2 shall contain a waiver of any subrogation rights which the Tenant's insurers may have against the Landlord and against those for whom the Landlord is in law responsible.
16.5 Each policy of insurance referred to in Paragraph 16.1 hereof shall be taken out with insurers qualified to carry on business in the Province of Ontario, who are reasonably acceptable to the Landlord and shall be in a form satisfactory, from time to time, to the Landlord and shall further be non-contributing with, and shall apply only as primary and not excess to, any other insurance available to the Landlord or to the Landlord's mortgagee and shall not be invalidated as respects the interest of the Landlord and the mortgagee by reason of any breach or violation of any warranties, representations, declarations or conditions contained in the policy, and finally, shall contain an undertaking by the insurers to notify the Landlord in writing by registered mail, not less than thirty (30) days prior to any material change, cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premiumtermination thereof. To the extent that Tenant fails to provide the foregoing insurance, either hazard or liability, The Tenant shall furnish to the Landlord certificates (in form satisfactory to the Landlord) of the insurance companies evidencing the maintenance of all insurance policies required to be responsible maintained by the Tenant pursuant to Paragraph 16.1 provided, however, that the Tenant shall provide photocopies of such insurance policies if requested, in writing, by the Landlord or the Landlord, as his interest appears, for such damage that would have been insured by said policies but for Tenant's failure to obtain such insurancemortgagee.
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Tenant’s Insurance. The Tenant shallshall keep in force throughout the Term: (a) a Commercial General Liability insurance policy or policies to protect the Landlord, during Landlord’s investment manager, and the entire term trustees, boards of this Leasedirectors, at officers, general partners, beneficiaries, stockholders, employees and agents of each of them (individually, a “Landlord Party” and collectively, the Tenant's sole cost and expense, but for “Landlord Parties”) against any liability to the mutual benefit public or to any invitee of Tenant or a Landlord Party incidental to the Landlord and Tenant, maintain general public liability insurance against claims for personal injury, death use of or property damage resulting from any accident occurring upon, in or about upon the entire property described on Exhibit "B" attached hereto and on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit of not less than $1,000,000 in respect to injury or death to Premises with a single person, and to the limit of not less than $2,000,000 in respect the annual aggregate, or such larger amount as Landlord may prudently require from time to any one accidenttime, covering bodily injury and to the property damage liability and $1,000,000 products/completed operations aggregate; (b) Business Auto Liability covering owned, non-owned and hired vehicles with a limit of not less than $250,000 1,000,000 per accident; (c) Worker’s Compensation Insurance with limits as required by statute and Employers Liability with limits of $1,000,000 each accident, $1,000,000 disease policy limit, $1,000,000 disease-each employee; (d) All Risk or Special Form coverage protecting Tenant against loss of or damage to Tenant’s alterations, additions, improvements, carpeting, floor coverings, panelings, decorations, fixtures, inventory and other business personal property situated in respect or about the Premises to property damage or a combined single limit policy not less than $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of the property so insured; and, (e) Business Interruption Insurance with limit of liability representing loss of at least approximately six (6) months of income. The aforesaid policies shall (a) be provided at Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about ’s expense; (b) name the Demised Premises. Other forms of 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 Landlord Parties as additional insureds (General Liability) and loss payee (Property—Special Form); (c) be issued by an insurance companies company with a general policy holder's minimum Best’s rating of not less than A “A-:VII” during the Term; and a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing (d) provide that said insurance shall provide that the proceeds thereof shall not be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given canceled unless thirty (30) days prior written notice prior to any cancellation or alteration of any policy, except (ten (10) business days written notice for non-payment of premium) shall have been given to Landlord; a certificate of Liability insurance on XXXXX Form 25 and a certificate of Property insurance on XXXXX Form 28 shall be delivered to Landlord by Tenant at least thirty (30) days prior to each renewal of said insurance. To the extent that Tenant fails to provide the foregoing insurance, either hazard or liability, Whenever Tenant shall undertake any alterations, additions or improvements in, to or about the Premises (“Work”) the aforesaid insurance protection must extend to and include injuries to persons and damage to property arising in connection with such Work, without limitation including liability under any applicable structural work act, and such other insurance as Landlord shall require; and the policies of or certificates evidencing such insurance must be responsible delivered to Landlord, as his interest appears, for Landlord prior to the commencement of any such damage that would have been insured by said policies but for Tenant's failure to obtain such insuranceWork.
Appears in 1 contract
Tenant’s Insurance. The Tenant shallshall purchase, at its own expense, and keep in force at all times during the entire term of this Lease, at Lease Term the Tenant's sole cost and expense, but for the mutual benefit of the Landlord and Tenant, maintain general public liability 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 on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single person, and to the limit of 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 $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of insurance may be reasonably required to cover future risks against which a prudent Tenant would protect itself. All policies of insurance provided for herein set forth below (collectively, “Tenant’s Policies”). All Tenant’s Policies shall (a) be issued by an insurance companies company with a general policy holder's Best’s rating of not less than A or better and a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified otherwise reasonably acceptable to Landlord that is licensed to do business in the state of Utahin which the Leased Premises is located; (b) provide that said insurance shall not be canceled or materially modified unless 30 days’ prior written notice shall have been given to Landlord; and (c) provide for commercially reasonably deductible amounts (provided that if Landlord’s lender has deductible requirements for the Building, then such deductibles shall be as reasonably required by Landlord’s lender). The policies 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 foregoing insurance 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. Certificates of Insurance for Tenant’s Policies shall provide that be delivered to Landlord prior to the proceeds Commencement Date and renewals thereof shall be payable 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 (A) order such insurance and charge the cost thereof to the LandlordTenant, which amount shall be payable by Tenant to Landlord upon demand, as their respective interests may appear. Said required Additional Rent or (B) impose on Tenant, as Additional Rent, a monthly delinquency fee, for each month during which Tenant insurance coverage shall be verified fails to comply with the Landlord by foregoing obligation, in an insurance carrier in the form of either a certified copy amount equal to five percent (5%) of the policy or other written verification of insurance coverage acceptable Monthly Rental Installments then in effect. Tenant shall give prompt notice to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration Agent of any policybodily injury, except ten death, personal injury, advertising injury or property damage occurring in and about the Property. Tenant shall purchase and maintain, throughout the Term, Tenant’s Policies of: (10i) commercial general or excess liability insurance, including personal injury and property damage, in the amount of not less than $2,000,000.00 per occurrence, and $5,000,000.00 annual general aggregate; (ii) comprehensive automobile liability insurance covering Tenant against any personal injuries or deaths of persons and property damage based upon or arising out of the ownership, use, occupancy or maintenance of a motor vehicle at the Premises and all areas appurtenant thereto in the amount of 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 applicable state statutes covering all employees of Tenant; (v) business days written notice for non-payment of premium. To the extent that interruption insurance with limits not less than an amount equal to two (2) years’ rent due hereunder; and if Tenant fails to provide the foregoing insurancehandles, either hazard stores, or liabilityutilizes Hazardous Substances in its business operations, Tenant shall be responsible to Landlord, as his interest appears, for such damage that would have been insured by said policies but for Tenant's failure to obtain such (vi) pollution legal liability insurance.
Appears in 1 contract
Tenant’s Insurance. The On or before the earlier of any Early Access Period, the Commencement Date or the date Tenant shallcommences or causes to be commenced any work of any type in the Premises, and continuing during the entire term Term, Tenant shall obtain and keep in full force and effect, the following insurance with limits of this Lease, at the Tenant's sole cost and expense, but for the mutual benefit coverage as set forth in Section 1.14 of the Summary:
a. Special Form (formerly known as “all risk”) insurance, including fire and extended coverage, sprinkler leakage (including earthquake sprinkler leakage), vandalism, malicious mischief upon property of every description and kind owned by Tenant and located in the Premises or the Building, or for which Tenant is legally liable or installed by or on behalf of Tenant including, without limitation, furniture, equipment and any other personal property, and any Alterations (but excluding the initial Office Improvements previously existing or installed in the Premises), in an amount not less than the full replacement cost thereof. In the event that there shall be a dispute as to the amount which comprises full replacement cost, the reasonable decision of Landlord and Tenant, maintain or the Mortgagees of Landlord shall be presumptive.
b. Commercial general public liability insurance against claims for coverage on an occurrence basis, including personal injury, death or bodily injury (including wrongful death), broad form property damage occurring upondamage, operations hazard, owner’s protective coverage, contractual liability (including Tenant’s indemnification obligations under this Lease), liquor liability (if Tenant serves alcohol on the Premises), products and completed operations liability. The limits of liability of such commercial general liability insurance may be increased every three (3) years during the Term upon reasonable prior notice by Landlord to an amount reasonably required by Landlord and required for tenants of buildings comparable to the Building.
c. Commercial Automobile Liability covering all owned, hired and non-owned automobiles.
d. Worker’s compensation, in or about the entire property described on Exhibit "B" attached hereto statutory amounts and onemployers liability, in or about the adjoining streets and passageways, such insurance to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single person, and to the limit of 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 $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's propertypersons employed in connection with any work done in, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises for which claims for death, bodily injury or illness could be asserted against Landlord, Tenant or the Premises.
e. Umbrella liability insurance on an occurrence basis, in excess of and following the form of the underlying insurance described in Section 14.1.b. Other forms and 14.1.c. and the employer’s liability coverage in Section 14.1.d. which is at least as broad as each and every area of the underlying policies. Such umbrella liability insurance may be reasonably required to cover future risks against which a prudent Tenant would protect itself. All policies shall include pay on behalf of insurance provided for herein shall be issued by insurance companies wording, concurrency of effective dates with a general primary policies, blanket contractual liability, application of primary policy holder's rating of not less than A and a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reportsaggregates, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that if the proceeds thereof shall be payable underlying aggregate is exhausted, the excess coverage will drop down as primary insurance, subject to customary commercially reasonable deductible amounts imposed on umbrella policies.
f. If Tenant’s business includes professional services, Tenant shall, at Tenant’s expense, maintain in full force and effect professional liability (also known as errors and omissions insurance), covering Tenant and Tenant’s employees from work related negligence and liability in trade.
g. Loss of income, extra expense and business interruption insurance in such amounts as will reimburse Tenant for 12 months of direct or indirect loss of earnings attributable to all perils commonly insured against by prudent tenants or attributable to prevention of access to the Tenant and Premises, Tenant’s parking areas or to the Landlord, Building as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form a result of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. 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 damage that would have been insured by said policies but for Tenant's failure to obtain such insuranceperils.
Appears in 1 contract
Samples: Commercial Lease (Gigamon LLC)
Tenant’s Insurance. The During the Term, the Tenant shall, during the entire term of this Lease, at the Tenant's its sole cost and expense, take out and keep in full force and effect the following insurance:
10.2.1 comprehensive general liability insurance, including, but not limited to, property damage, public liability, personal injury liability, contractual liability, non-owned automobile liability and owners’ and contractors’ protective insurance coverage, all on an occurrence basis, with respect to any use, occupancy, activities or things on the Leased Premises and with respect to the use and occupancy of any other port of the Property by the Tenant or any of its servants, agents, contractors or persons for whom the Tenant is in law responsible, with coverage for any one occurrence or claim of not less than FIVE MILLION DOLLARS ( $5,000,000.) or such other amount as the Landlord or the Hypothecary Creditor may reasonably require upon not less than ONE (1) month’s notice at any time;
10.2.2 insurance in respect of such perils as are from time to time covered in an “all risks” policy not less broad than the standard commercial property floater policy with the exclusions relating to earthquake and flood removed therefrom, covering Tenant’s Leasehold Improvements, trade fixtures, furnishings, equipment, stock-in-trade and inventory on or about the Leased Premises for not less than the full replacement cost thereof and with a replacement cost endorsement; if there is a dispute as to the amount which comprises full replacement cost, the decision of the Landlord or Hypothecary Creditor shall be conclusive;
10.2.3 broad form comprehensive boiler and machinery insurance on the Tenant’s Leasehold Improvements and on all insurable objects located on the Leased Premises which are the property or responsibility of the Tenant (which shall not include for greater certainty property owned or leased by the Landlord) on a blanket repair or replacement bases with a replacement cost endorsement and with limits for each accident in an amount not less than the full replacement cost of all Tenant’s Leasehold Improvements, trade fixtures, furnishings, equipment, stock-in-trade in, on or about the Leased Premises.
10.2.4 business interruption insurance either as an extension to or in the same form as the insurance referred to in Subsection 10.2.2 and 10.2.3 above, providing coverage for a period of not less than TWELVE (12) month, with a deductible of no more than SEVEN (7) days and in such amount from time to time as is necessary to fully compensate the Tenant for direct or indirect loss of sales of earnings resulting from or attributable to any of the perils required to be insured against under the policies referred to in Subsections 10.2.2 and 10.2.3 above and all circumstances usually insured against by cautious tenants including losses resulting from interference with or prevention of access to the Leased Premises or the property as a result of such perils or for any other reason;
10.2.5 Tenant’s legal liability insurance for the mutual benefit full replacement cost of the Lease Premises and the loss of use thereof; and
10.2.6 Insurance against such risks and in such amounts as the Landlord or any Hypothecary Creditor may, from time to time, reasonably require upon not . less than THIRTY (30) days’ written notice. Concurrently with the execution of this Lease, the Tenant, shall provide the Landlord with certificates of insurance acceptable to the landlord and if required by the Landlord in its form certifying the insurance coverage required to be placed by the Tenant pursuant hereto and thereafter with renewals thereof at least THIRTY (30) days prior to any expiry thereof. In addition, within a reasonable period from the date of execution hereof, the Tenant shall provide the Landlord with a certified copy of said /s/ KK /s/ TM insurance policies and thereafter with certified copies of renewals or amendments thereto. In addition, if required by a Hypothecary Creditor, the Tenant shall furnish to the Landlord, within FIFTEEN (15) days after demand therefore by the Landlord, additional certificates of insurance of the same. Furthermore, the Tenant specifically acknowledges that if the Landlord requires a certificate or other document from the Tenant from time to time certifying that the Tenant has complied with the insurance requirements of this Lease, the Tenant will provide such certificate within TEN (10) days of being asked therefore. In the event the Tenant fails to obtain any insurance referred to in this Section 10.2, the Landlord may, without prior written notice or demand to the Tenant and without prejudice to any rights or remedies it may have, place such insurance with insurance companies and through brokers of its choice and the cost thereof together with interest on such payment at a rate equal to the Stipulated Rate of Interest from the date such payments are made by the Landlord until reimbursed by the Tenant shall forthwith be payable by the Tenant to the Landlord. The Tenant hereby agrees and acknowledges that the placing of any of the above-mentioned insurance shall in no way relieve the Tenant from any obligation assumed under this Lease. The insurance policies required to be maintained by the Tenant pursuant to this Section 10.2 shall name the Landlord and any persons, firms or corporations designated in writing by the Landlord as named insureds as their interest may appear with loss payable to the Landlord and such additional named insureds under the policies referred to in Subsections 10.2.2 and 10.2.3 and, where applicable, referred to in Subsection 10.2.6. In the event the Tenant is obliged to repair the Tenant’s Leasehold Improvements pursuant to the provisions of this Lease after any damage or destruction and provided that the Tenant is not otherwise in default under the terms of this Lease, the Landlord covenants, on its behalf but not on the behalf of any additional named insured, to cause any proceeds payable to it pursuant to the insurance policies referred to in Subsections 10.2.2 and 10.2.3 to be made available for the purposes of repairing such Tenant’s Leasehold Improvements or replacing any damaged fixtures’, furnishings or other property of the Tenant in respect of which such insurance proceeds are payable. All insurance policies shall be in form and substance satisfactory to the Landlord shall provide for a waiver by the insurer of its rights under Article 2494 of the Civil Code of Quebec, shall contain the standard mortgage clause as reasonably required by any Hypothecary Creditor and shall be considered as primary insurance and shall not call into contribution any insurance of the Landlord. The insurance required to be maintained by the Tenant shall contain a waiver of subrogation in favour of the Landlord, its agents and employees and in favour of those for whom the Landlord is in law responsible and the general liability policy shall in addition contain a provision for cross-liability and severability of interest. All policies shall contain an endorsement requiring the insurers under such policies to notify the Landlord and any Hypothecary Creditor in writing at least THIRTY (30) days prior to any material change or cancellation thereof and shall contain a waiver in favour of the Landlord and Tenantany Hypothecary Creditor of any breach of warranty clause such that the insurance policies in question shall not be invalidated with respect to their interest by reason of any breach or violation of any warranties, maintain general public liability representations, declarations or conditions contained in the policies; all policies shall be taken out with insurers acceptable to the Landlord and shall be in a form satisfactory from time to time to the Landlord. The Tenant covenants that nothing will be done or omitted to be done whereby any insurance against claims for personal injury, death policy referred to in Section 10.1 or property damage occurring upon, in this Section 10.2 will be cancelled and not immediately replaced or about whereby the entire property described on Exhibit "B" attached hereto and on, in Leased Premises shall be rendered uninsurable or about whereby the adjoining streets and passageways, insurance proceeds under any such insurance to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single person, and to the limit of 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 $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and Landlord might be assigned to the Landlord, as their respective interests may appearor hypothecated in favour of others. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. 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 damage that would have been insured by said policies but for Tenant's failure to obtain such insurance./s/ KK /s/ TM
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Tenant’s Insurance. The Tenant shall, shall maintain during the entire term Term (i) 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 this Lease, at the Tenant's sole cost and expense, but for the mutual benefit a leasehold improvement made or installed by or on behalf of the Landlord and Tenant, maintain Tenant in an amount equal to the full replacement cost thereof; (ii) comprehensive general public liability insurance against claims for death, personal injury, death or injury and property damage occurring upon, in or about the entire property described on Exhibit "B" attached hereto and on, Premises in or about the adjoining streets and passageways, such insurance amounts satisfactory from time to afford protection time to the limit of Landlord acting reasonably but in any event in an amount not less than $1,000,000 in respect 2,000,000.00 per occurrence for personal injury and property damage; (iii) tenant's legal liability insurance for limits satisfactory from time to injury or death to a single person, and time to the limit of not less than $2,000,000 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 respect to any one accident, form and with insurers acceptable to the limit of not less than $250,000 Landlord. The insurance described in respect to parts (1) and (ii) shall name the 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 a combined single limit policy not less than $2,000,000 per occurrence. All policies shall name severability of interest as between the Landlord and the mortgagee of the property as an additional named insured, as their interest may appearTenant. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage hereby releases the Landlord from any liability for loss to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of insurance may be reasonably required to cover future risks against which a prudent Tenant would protect itself. All proceeds paid under policies of insurance provided 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 herein its acceptance, as aforesaid, and shall be issued by insurance companies with a general policy holder's rating provide written evidence of the continuation of such policies not less than A ten days prior to their respective expiry dates. The cost or premium for each and a financial rating 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 AAAany liability to do so, as rated in to pay the most current available "Best's Guide" Insurance Reportscost or premium therefor, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to such event the Tenant and shall repay to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to Additional Rent, forthwith on demand the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. 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 damage that would have been insured by said policies but for Tenant's failure to obtain such insuranceamount so paid.
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Tenant’s Insurance. Tenant shall procure and maintain policies of ------------------- insurance, at its own cost and expense, insuring:
(i) The Landlord Protected Parties, and Landlord's mortgagee, if any, of which Tenant shallis given written notice, and Tenant Protected Parties subject, however, to the subsections 14(a), from all claims, demands or actions made by or on behalf of any person or persons, firm or corporation and arising from, related to or connected with the Premises, for bodily injury to or personal injury to or death of any person, or more than one (1) person, or for damage to property in an amount of not less than $3,000,000.00 combined single limit per occurrence/aggregate. Said insurance shall be written on an "occurrence" basis and not on a "claims made" basis. If at any time during the entire term of this Lease, at Tenant owns or rents more than one location, the policy shall contain an endorsement to the effect that the aggregate limit in the policy shall apply separately to each location owned or rented by Tenant. Landlord shall have the right not more than once every three (3) years, exercisable by giving written notice thereof to Tenant, to require Tenant to increase such limit if, in Landlord's sole cost and expensereasonable judgment, but for the mutual benefit of amount thereof is insufficient to protect the Landlord Protected Parties and TenantTenant Protected Parties from judgments which might result from such claims, maintain general public liability insurance demands or actions. Tenant shall cause the Landlord Protected Parties to be insured as "additional insureds" such that Tenant will protect, indemnify and save harmless the Landlord Protected Parties from and against claims any and all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including without limitation reasonable attorney's fees and expenses) imposed upon or incurred by or asserted against the Landlord Protected Parties, or any of them, by reason of any bodily injury to or personal injury to or death of any person or more than one person or for personal injurydamage to property, death or property damage occurring upon, in on or about the entire property described on Exhibit "B" attached hereto and onPremises, in or about the adjoining streets and passagewayscaused by any party including, such insurance to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single personwithout limitation, and to the limit of not less than $2,000,000 in respect to any one accidentLandlord Protected Party provided, and to the limit of not less than $250,000 in respect to property damage or a combined single limit policy not less than $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insuredhowever, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage not be required to indemnify or insure against any loss resulting from the intentional wrongful acts of any Landlord Protected Party, to the extent of the full replacement value amount of the insurance required to be carried under this subsection 14(b)(i) or such greater amount of insurance as is actually carried. Tenant shall cause its liability insurance to include contractual liability coverage fully covering all of the indemnity hereinabove set forth.
(ii) All contents and Tenant's propertytrade fixtures, fixturesmachinery, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 furniture and a financial rating of AAA, as rated furnishings in the most current available Premises to the extent of at least ninety percent (90%) of their replacement cost under Standard Fire and Extended Coverage Policy and all other risks of direct physical loss as insured against under Special Form ("Best's Guide" Insurance Reports, and qualified to do business in the state of Utahall risk") coverage. The policies for the foregoing Said insurance shall provide that contain an endorsement waiving the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the insurer's right of subrogation against any Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. 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 damage that would have been insured by said policies but for Tenant's failure to obtain such insuranceProtected Party.
Appears in 1 contract
Samples: Lease Agreement (Yp Net Inc)
Tenant’s Insurance. The Tenant shallshall maintain the following coverages in the following amounts:
(a) Commercial General Liability Insurance payable on an “occurrence” rather than a “claims made” basis covering the insured against claims of bodily injury, during personal injury and property damage (including loss of use thereof) arising out of Tenant’s operations, and contractual liabilities (covering the entire term performance by Tenant of its indemnity agreements, but subject to the limitations on coverage set forth below) containing coverage at least as broad as that provided under the then most current Insurance Services Office (ISO) commercial general liability insurance form which provides the broadest coverage, including a Broad Form endorsement covering the insuring provisions of this Lease, for limits of liability not less than: Bodily Injury and $3,000,000 each occurrence Personal Injury $3,000,000 each occurrence Property Damage Liability $5,000,000 annual aggregate Liability $5,000,000 annual aggregate 0% Insured’s participation
(b) Physical Damage Insurance covering (i) all office furniture, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s property on the Premises installed by, for, or at the expense of Tenant's sole cost and expense, but for (ii) all improvements made to the mutual benefit Premises by Landlord pursuant to the terms of the Landlord Work Letter, and Tenant, maintain general public liability 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 on, in or about the adjoining streets and passageways, such insurance to afford protection (iv) all other Alterations made to the limit Premises by or on behalf of not less than $1,000,000 Tenant. In no event shall Tenant be obligated to insure the Base Building, the Building Systems or the leasehold improvements in respect to injury or death to a single person, and to the limit of not less than $2,000,000 Premises which existed 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 $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee Premises as of the Commencement Date (the “Original Improvements”). As long as Tenant is not in Default under this Lease, Tenant may elect to self-insure its personal property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 a financial rating of AAA, as rated trade fixtures located in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance shall be written on an “all risks” of physical loss or damage basis, for the full replacement cost value (subject to reasonable deductible amounts) new without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall provide that Landlord be given thirty (30) days written notice prior to any cancellation include coverage for damage or alteration other loss caused by fire or other peril including, but not limited to, vandalism and malicious mischief, terrorism, earthquake sprinkler leakage, theft, water damage of any policytype, except ten including sprinkler leakage, bursting or stoppage of pipes, and explosion, and providing business interruption coverage sufficient to pay Base Rent and Tenant’s Share of Direct Expenses for a period of one year, and having a deductible amount, if any, not in excess of $25,000.
(10c) business days written notice for Employer’s Liability or other similar insurance pursuant to all applicable state and local statutes and regulations with limits of no less than $1,000,000.00.
(d) Worker’s Compensation as required by the Laws of the State where the Building is located with the following minimum limits of liability: Coverage A — statutory benefits; Coverage B — $1,000,000 per accident and disease.
(e) Comprehensive Automobile Liability insuring bodily injury and property damage arising from all owned, non-payment owned and hired vehicles, if any, with minimum limits of premium. 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 damage that would have been insured by said policies but for Tenant's failure to obtain such insuranceliability of $1,000,000 per accident.
Appears in 1 contract
Samples: Office Lease (Oxigene Inc)
Tenant’s Insurance. The Tenant shall, shall take out and keep in force during the entire term of this Lease, at the Tenant's sole cost and expense, but for the mutual benefit of the Landlord and Tenant, maintain ------------------ Term:
(a) comprehensive commercial general public liability insurance against claims for personal (including bodily injury, including death or and property damage occurring upon, in or about damage) insurance on an occurrence basis with respect to the entire property described on Exhibit "B" attached hereto and business carried on, in or about from the adjoining streets Leased premises and passageways, such insurance to afford protection to the limit Tenant's use and occupancy thereof of not less than $1,000,000 US$2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect to injury or death to a single person, and to of claims by the limit of not less than $2,000,000 Tenant as if the Landlord were separately insured; and
(b) insurance 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 $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property such amounts as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of insurance may be reasonably required by the Landlord in respect of fire and such other perils, including sprinkler leakage as are from time 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 a financial rating of AAA, as rated time defined in the most current available "Bestusual extended coverage endorsement covering the Tenant's Guide" Insurance Reportstrade fixtures and the furniture and equipment of the Tenant and (except as to Insured Damage) all Leasehold Improvements in the Leased Premises, and qualified which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to do business the insured Leasehold Improvements and provided that any proceeds recoverable in the state event of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof 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 insured property. All insurance required to be maintained by the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage hereunder shall be verified on terms and with insurers to which the Landlord has no reasonable objection and shall provide that such insurers shall provide to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days days' prior written notice prior to any of cancellation or material alteration of any policysuch terms. The Tenant shall furnish to the Landlord certificates or other as to the Insurance from time to time required to be effected by the Tenant and its renewal or continuation in force, except ten (10) business days written notice for non-payment and endorsements or a certificate from the Tenant's insurer which, in the case of premium. To the extent that Tenant fails to provide the foregoing comprehensive general liability insurance, either hazard or liability, shall provide such information as the Landlord reasonably requires. If the Tenant shall be responsible fail to Landlordtake out, renew and keep in force such insurance the Landlord may do so as his interest appears, for such damage that would have been insured the agent of the Tenant and the Tenant shall repay to the Landlord any amounts paid by said policies but for Tenant's failure to obtain such insurancethe Landlord as premiums forthwith upon demand.
Appears in 1 contract
Samples: Net Lease (Seagate Software Inc)
Tenant’s Insurance. The Tenant shallTenant, at its expense, shall maintain at all times during the entire term Term the following insurance policies: (a) fire insurance, including extended coverage, vandalism, malicious mischief, sprinkler leakage and water damage coverage and demolition and debris removal, insuring the full replacement cost of this Leaseall improvements, at alterations or additions to the Tenant's sole cost Premises, and expenseall other property owned or used by Tenant and located in the Premises; (b) commercial general liability insurance, but for the mutual benefit of the Landlord and Tenant, maintain general public contractual liability insurance against claims and property damage insurance with respect to the Building and the Premises, with limits to be set by Landlord from time to time but in any event not less than $2,000,000.00 combined single limit for personal injury, sickness or death or for damage to or destruction of property damage occurring upon, for any one occurrence; (c) plate glass insurance in an amount equal to the replacement cost of all plate glass located in or about on the entire property described on Exhibit "B" attached hereto and on, Premises; (d) worker’s compensation insurance in or about the adjoining streets and passageways, such insurance to afford protection to the limit of an amount not less than $1,000,000 maximum statutory limits of recovery and employer’s liability insurance in respect to injury or death to a single person, and to the limit of an amount not less than $2,000,000 the statutory requirement; and (e) insurance against such other risks and in respect such other amounts as Landlord or its insurer may from time to any one accidenttime require, and so long as such types or amounts of insurance are customarily required by owners of buildings comparable to the limit Building in downtown Chicago. The form of not less than $250,000 in respect all such policies and deductibles thereunder shall be subject to property damage or a combined single limit policy not less than $2,000,000 per occurrencethe prior approval of Landlord and its insurance providers. All such policies shall be issued by insurers acceptable to Landlord and licensed to do business in the State of Illinois and shall contain a waiver of any rights of subrogation thereunder. In addition, except for worker’s compensation insurance, the policies shall name Landlord and the mortgagee any other parties designated by Landlord as additional insureds, shall require at least thirty days’ prior written notice to Landlord of the property as an additional named insured, as their interest may appear. The initial mortgagee termination or modification and shall be State Farm Life Insurance Companyprimary and not contributory. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's propertyshall, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given at least thirty (30) days written notice prior to any cancellation or alteration taking possession of any the Premises, and within thirty (30) days prior to the expiration of each such policy, except ten (10) business days written notice for non-payment of premium. To the extent that Tenant fails deliver to provide Landlord certificates evidencing the foregoing insurance, either hazard insurance or liability, Tenant shall be responsible to Landlordrenewal thereof, as his interest appears, for such damage that would have been insured by said policies but for Tenant's failure to obtain such insurancethe case may be.
Appears in 1 contract
Tenant’s Insurance. The Tenant shall, At all times during the entire term of this LeaseTerm, Tenant will carry and maintain, at the Tenant's sole cost and ’s expense, but for on an occurrence basis, the mutual benefit of the Landlord and Tenant, maintain general public liability insurance against claims for personal injury, death or property damage occurring uponfollowing insurance, in the amounts and on the forms specified below or about the entire such other amounts and on such other forms as Landlord may from time to time reasonably request, with insurance companies satisfactory to Landlord:
(a) Bodily injury to or personal injury to or death of any person, or more than one (1) person, or for damage to property described on Exhibit "B" attached hereto and on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit an amount of not less than $1,000,000 1 million combined single limit each Occurrence/General Aggregate and including a per location General Aggregate endorsement. All such insurance will be written on the most current occurrence ISO Commercial General Liability Form including without limitation, personal injury and contractual liability coverage for the performance by Tenant of the indemnity agreements set for in respect to injury or death to this Lease, which insurance shall include a single personwaiver of subrogation rights in favor of Landlord;
(b) Insurance covering all of Tenant’s furniture and fixtures, machinery, equipment, and any other personal property owned and used in Tenant’s business and found in, on, or about the Premises, and any leasehold improvements to the limit Premises in an amount not less than the full replacement cost under Standard Fire and Extended Coverage Policy and all other risks of direct physical loss as insured against under Special Form (“all risk of direct physical loss” coverage). All such insurance will be written on the most current ISO Commercial Property Form. All policy proceeds will be used for the repair or replacement of the property damaged or destroyed; except, however, if this Lease ceases under the provisions of Article 15, Tenant will be entitled to any proceeds resulting from damage to Tenant’s furniture and fixtures, machinery, equipment, and any other personal property;
(c) Worker’s compensation insurance insuring against and satisfying Tenant’s obligations and liabilities under the worker’s compensation laws of the State/Commonwealth of Nevada, and Employer’s Liability Insurance in the limits required by the laws of the State/Commonwealth of Nevada but in an amount not less than $2,000,000 500,000.00 aggregate;
(d) Such other insurance (including without limitation plate glass insurance), in respect to any one accident, and to the limit such amounts as Landlord or its lender may reasonably require of not less than $250,000 in respect to property damage or a combined single limit policy not less than $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given upon thirty (30) days days’ prior written notice prior to any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. 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 damage that would have been insured by said policies but for Tenant's failure to obtain such insurancenotice.
Appears in 1 contract
Tenant’s Insurance. The SECTION 9.02 of the Original Lease is hereby deleted and, in lieu thereof, the following is instead substituted: Tenant shallshall purchase, at its own expense, and keep in force at all times during the entire term of this Lease, at Lease Term the Tenant's sole cost and expense, but for the mutual benefit of the Landlord and Tenant, maintain general public liability 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 on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single person, and to the limit of 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 $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of insurance may be reasonably required to cover future risks against which a prudent Tenant would protect itself. All policies of insurance provided for herein set forth below (collectively, "TENANT'S POLICIES"). All Tenant's Policies shall (a) be issued by an insurance companies company with a general policy holderBest's rating of not less than A or better and a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, otherwise reasonably acceptable to Landlord and qualified shall be licensed to do business in the state of Utahin which the Leased Premises is located; (b) provide that said insurance shall not be canceled or materially modified unless 30 days' prior written notice shall have been given to Landlord; (c) provide for deductible amounts that are reasonably acceptable to Landlord (and its lender, if applicable) and (d) otherwise be in such form, and include such coverages, as Landlord may reasonably require. The policies 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 foregoing insurance 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 provide that be delivered to Landlord prior to the proceeds Commencement Date and renewals thereof shall be payable delivered to Landlord's corporate and regional 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 (A) order such insurance and charge the cost thereof to the LandlordTenant, which amount shall be payable by Tenant to Landlord upon demand, as their respective interests may appear. Said required Additional Rent or (B) impose on Tenant, as Additional Rent, a monthly delinquency fee, for each month during which Tenant insurance coverage shall be verified fails to comply with the Landlord by foregoing obligation, in an insurance carrier in the form of either a certified copy amount equal to five percent (5%) of the policy or other written verification of insurance coverage acceptable Monthly Rental Installments then in effect. Tenant shall give prompt notice to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration Agent of any policybodily injury, except ten 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: (10i) commercial general or excess liability insurance, including personal injury and property damage, in the amount of not less than $2,000,000.00 per occurrence, and $5,000,000.00 annual general aggregate, per location; (ii) comprehensive automobile liability insurance covering Tenant against any personal injuries or deaths of persons and property damage based upon or arising out of the ownership, use, occupancy or maintenance of a motor vehicle at the Premises and all areas appurtenant thereto in the amount of 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 applicable state statutes covering all employees of Tenant; (v) business days written notice for non-payment of premium. To the extent that interruption insurance with limits not less than an amount equal to two (2) years' rent due hereunder; and if Tenant fails to provide the foregoing insurancehandles, either hazard stores or liabilityutilizes Hazardous Substances in its business operations, Tenant shall be responsible to Landlord, as his interest appears, for such damage that would have been insured by said policies but for Tenant's failure to obtain such (vi) pollution legal liability insurance.
Appears in 1 contract
Samples: Lease (Sedona Corp)
Tenant’s Insurance. The Tenant shall, during throughout the entire term of this LeaseTerm, at the Tenant's its sole cost and expense, but take out and keep in full force and effect in the names of the Tenant, the Landlord, and the Landlord's mortgagees, if any, the following insurance:
(a) insurance upon property of every description and kind owned by the Tenant or for which the mutual benefit Tenant is legally liable or installed by or on behalf of the Tenant and which is located within the Premises in an amount of not less than one hundred per cent (100%) of the full replacement cost thereof, with coverage against the perils of fire and standard extended coverage, including sprinkler leakages (where applicable), earthquake, flood and collapse;
(b) broad form boiler and machinery insurance on a blanket repair and replacement basis with limits for each accident in an amount not less than the replacement cost of all leasehold improvements and of all boilers, pressure vessels, air conditioning equipment and miscellaneous electrical apparatus owned or operated by the Tenant or by others (other than the Landlord) on behalf of the Tenant in the Leased Premises or relating to or serving the Leased Premises;
(c) public liability and property damage insurance including personal injury liability, contractual liability, non-owned automobile liability and owners' and contractors' protective insurance coverage with respect to the Leased Premises and the Tenant's use of the Premises to be written on a comprehensive basis with inclusive limits of not less than Two Million Dollars ($2,000,000) for bodily injury to any one or more persons or property damage and to provide that it shall not be invalidated as respects the interests of the Landlord and Tenantthe Landlord's mortgagee by reason of any breach or violation of any warranties, maintain general public representations, declarations or conditions contained in the policies. All such policies must contain a severability of interests clause, a cross liability clause and shall be primary and shall not call into contribution any other insurance against claims for personal injuryavailable to the Landlord or to the Landlord's mortgagee. The Tenant agrees that certificates of insurance or, death if required by the Landlord or property damage occurring uponthe Landlord's mortgagee, in or about the entire property described on Exhibit "B" attached hereto and on, in or about the adjoining streets and passageways, certified copies of each such insurance to afford protection policy, will be delivered to the limit Landlord as soon as practicable after the placing of the required insurance. All such policies shall contain an undertaking by the insurers to notify the Landlord and the Landlord's mortgagees in writing not less than $1,000,000 in respect to injury or death to a single person, and to the limit of 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 $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration of any policymaterial change, except ten (10) business days written notice for non-payment of premium. To the extent that Tenant fails to provide the foregoing insurancecancellation, either hazard or liability, Tenant shall be responsible to Landlord, as his interest appears, for such damage that would have been insured by said policies but for Tenant's failure to obtain such insurancerenew, or termination thereof.
Appears in 1 contract
Tenant’s Insurance. The Tenant shall, during the entire term of this Lease, at the Tenant's sole cost and expense, but for the mutual benefit shall maintain insurance complying with all of the Landlord following:
A. Tenant shall procure, pay for and Tenantkeep in full force and effect the following:
(1) Commercial general liability insurance, maintain general public including property damage, against liability insurance against claims for personal injury, bodily injury, death or and damage to property damage occurring upon, in or about the entire property described on Exhibit "B" attached hereto and onabout, or resulting from an occurrence in or about about, the adjoining streets and passageways, such insurance to afford protection to the Premises with combined single limit coverage of not less than $1,000,000 the amount of Tenant's Liability Insurance Minimum specified in respect to injury or death to Section P of the Summary, which insurance shall contain a single person, "contractual liability" endorsement;
(2) Fire and to the limit of 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 insurance in so-called "special perils" form insuring Tenant's Trade Fixtures and Tenant's Alterations for the full actual replacement cost thereof;
(3) Such other insurance that is either (i) required by any Lender, or a combined single limit (ii) reasonably required by Landlord and customarily carried by tenants of similar property in similar businesses.
B. Where applicable and required by Landlord, each policy not less than $2,000,000 per occurrence. All policies of insurance required to be carried by Tenant pursuant to this ¶9.1: (i) shall name Landlord and such other parties in interest as Landlord reasonably designates as additional insured; (ii) shall be primary insurance which provides that the mortgagee insurer shall be liable for the full amount of the property as an additional named insured, as their interest may appear. The initial mortgagee 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; (iii) shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage in a form satisfactory to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of insurance may be reasonably required to cover future risks against which a prudent Tenant would protect itself. All policies of insurance provided for herein Landlord; (iv) shall be issued by insurance carried with companies with a general reasonably acceptable to Landlord; (v) shall provide that such policy holder's rating shall not be subject to cancellation or lapse except after at least 30 days prior written notice to Landlord so long as such provision of 30 days notice is reasonably obtainable, but in any event not less than A 10 days prior written notice; (v) shall contain a cross liability endorsement; (vi) shall not have a "deductible" in excess of Twenty Five Thousand and 00/100 ($25,000.00); and (vii) shall contain a financial rating "severability" clause. If Tenant has in full force and effect a blanket policy of AAAliability insurance with the same coverage for the Premises as described above, as rated well as other coverage of other premises and properties of Tenant, or in which Tenant has some interest, such blanket insurance shall satisfy the most current available "Best's Guide" Insurance Reportsrequirements of this ¶9.1.
C. A copy of each paid-up policy evidencing the insurance required to be carried by Tenant pursuant to this ¶9.1 (appropriately authenticated by the insurer) or a certificate of the insurer, certifying that such policy has been issued, providing the coverage required by this ¶9.1, and qualified to do business in containing the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof provisions specified herein, shall be payable delivered to Landlord prior to the time Tenant or any of its Agents enters the Premises and upon renewal of such policies, but not less than 5 days prior to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy expiration of the policy or other written verification term of insurance coverage acceptable such coverage. Landlord may, at any time, and from time to Landlord time, inspect and/or copy any and the lending institution for the Demised Premises. Such all insurance policies shall provide that Landlord required to be given thirty (30) days written notice prior procured by Tenant pursuant to any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. 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 damage that would have been insured by said policies but for Tenant's failure to obtain such insurancethis ¶9.1.
Appears in 1 contract
Samples: Lease Agreement (Hearme)
Tenant’s Insurance. The Tenant shallcovenants to, during throughout the entire term Term, provide and keep in force:
(a) fire insurance (including standard extended coverage endorsement perils, leakage from fire protective devices and water damage generally) in respect of this Lease, at the Tenant's sole cost ’s fixtures, furniture, equipment, inventory and expensestock-in-trade, but for the mutual benefit Tenant’s Leasehold Improvements and such other property in or forming part of the Premises (not being property which the Landlord is bound to insure pursuant to Article 11.1) as the Landlord may from time to time require;
(b) plate and Tenantother glass insurance or hereby acknowledges an obligation to replace with like kind and quality;
(c) if any boiler or pressure vessel is operated in the Premises, maintain boiler and pressure vessel insurance with respect thereto;
(d) comprehensive general public business liability insurance against claims with respect to the business carried on in or from the Premises and the use and occupancy thereof for personal injury, death or property damage occurring upon, in or about the entire property described on Exhibit "B" attached hereto and on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit of not less than $1,000,000 in respect to bodily injury or death and damage to property of others; and
(e) Tenant’s legal liability insurance and such other forms of insurance including business interruption insurance as the Landlord may reasonably require. Insurance effected by the Tenant under this clause shall be with insurers duly licensed to transact insurance in British Columbia, shall be in amounts which the Landlord shall from time to time determine as being reasonable and sufficient (and, without limiting the generality of the foregoing, in the case of insurance wider paragraphs (a), (b) and (c) shall be on a single person, full replacement cost basis subject only to such deductibles and to exclusions as the limit Landlord may approve and in the case of insurance under paragraph (d) shall have original limits not less than $2,000,000 in respect to of any one accidentaccident or occurrence), and to shall permit the limit of not less than $250,000 in respect to property damage or a combined single limit policy not less than $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee release of the property Landlord from certain liability as set out in Article 11.3, shall include the Landlord as an additional named insured, and shall otherwise be upon such terms and conditions as their interest may appearthe Landlord shall from time to time require as being reasonable and sufficient. The initial mortgagee shall be State Farm Life Insurance Company. At the request of the Landlord the Tenant shall also provide file with the Landlord such copies of current policies or certificates or other proofs as may be required to establish the Tenant’s insurance coverage in effect from time to time and the payment of premiums thereon, and if the Tenant fails to insure or pay premiums or to file satisfactory proof thereof as so required, the Landlord may without notice to the extent of Tenant effect such insurance and recover any premiums paid therefor from the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or Tenant on or about the Demised Premises. Other forms of insurance may be reasonably required to cover future risks against which a prudent Tenant would protect itselfdemand. All such policies of insurance provided for herein shall be issued contain an undertaking by the insurance companies with a general policy holder's rating of not less than A and a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified company to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to notify the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given writing thirty (30) days written notice prior to any cancellation or alteration of material change in any policy, except ten (10) business days written notice for non-payment of premiumsuch policies. To the extent that applicable, the Tenant fails agrees to provide use the foregoing insurance, either hazard proceeds of insurance to restore the Premises to the condition existing immediately prior to any loss or liability, Tenant shall be responsible to Landlord, as his interest appears, for such damage that would have been insured by said policies but for Tenant's failure to obtain such insurancedamage.
Appears in 1 contract
Tenant’s Insurance. The During the Term Tenant shall, during the entire term of this Lease, shall maintain at the Tenant's sole cost and its own expense, but for the mutual benefit of the Landlord and Tenant, maintain :
(a) comprehensive general public liability insurance against claims for personal (including bodily injury, death and property damage) on an occurrence basis with respect to the business carried on or property damage occurring upon, in or about from the entire property described on Exhibit "B" attached hereto Premises and onTenant's use and occupancy thereof, in or about the adjoining streets which insurance shall contain a cross liability clause, and passageways, such insurance to afford protection to the limit of not less than $1,000,000 include Landlord as an additional insured and shall protect Landlord in respect to injury of claims by or death to a single person, through Tenant as if Landlord was separately insured; and to the limit of shall be for not less than $2,000,000 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 any one accident, and to the limit of not less than $250,000 time;
(b) insurance in respect of fire and other perils as are from time to property damage or a combined single limit policy not less than $2,000,000 per occurrence. All policies shall name Landlord and time defined in the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value usual endorsement covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it Property and such Leasehold Improvements (if any) as Landlord may have in or on or about the Demised Premises. Other forms of elected not to insure, which insurance shall include Landlord as a named insured as its interests may be reasonably required appear with respect 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 insured Leasehold Improvements and a financial rating of AAA, as rated provide that any proceeds recoverable in the most current available "Best's Guide" Insurance Reports, and qualified event of loss to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof Leasehold Improvements shall be payable to Landlord (but Landlord agrees to make available such proceeds towards the repair or replacement of the insured property if this Lease is not terminated pursuant to any other provision hereof);
(c) water damage and such other insurance of the Premises, its contents and appurtenances, and the business conducted as Tenant deems necessary without limitation in respect of damage or deprivation contemplated in Section 3.04 (e), or 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 shall provide Landlord with 30 days' prior notice of material amendment or cancellation and to the Landlord, as their respective interests may appear. Said any additional extent required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form waive any right of either a certified copy of the policy or other written verification of insurance coverage acceptable to subrogation against Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration of any policyits directors, except ten (10) business days written notice for non-payment of premium. 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 damage that would have been insured by said policies but for Tenant's failure to obtain such insuranceofficers and employees.
Appears in 1 contract
Samples: Lease (Rabatco Inc)
Tenant’s Insurance. The a. Tenant shall, at all times during the entire term of this Lease, Lease and at the Tenant's its sole cost and expense, but maintain (i) Commercial General liability Insurance (including protective liability coverage on operations of independent contractors engaged in construction and also blanket contractual liability insurance) on an "occurrence" basis for the mutual benefit of the Tenant and Landlord and Tenant, maintain general public liability insurance as named insured against claims for "personal injury" liability including without limitation bodily injury, death death, or property damage occurring upon, in or about the entire property described on Exhibit "B" attached hereto and on, in or about the adjoining streets and passageways, such insurance to afford protection to the liability with a limit of not less than Three Million Dollars ($1,000,000 3,000,000) in respect the event of "personal injury" to injury any number of persons or death of damages to property arising out of any one "occurrence"; such insurance may be furnished under a single person"primary" policy and an "umbrella" policy, provided that it is primary insurance and not excess over or contributory with any insurance in force for Landlord, and (ii) insurance against loss or damage by fire and such other risks and hazards as are insurable under present and future standard forms of fire and extended coverage insurance policies, to the limit of personal property, furniture, furnishings and fixtures belonging to Landlord located in the Premises for not less than $2,000,000 in respect to any one accident100% of the actual replacement value thereof. Such insurance shall provide for a waiver of the insurer's right of subrogation against Landlord.
b. Landlord shall procure at Tenant's expense: (i) Fire, Extended Coverage, and to Vandalism and Malicious Mischief Insurance on the limit of Building in an amount not less than $250,000 in respect to property damage or a combined single limit policy not less than $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering thereof without Tenant being deemed a coinsurer under the terms of the applicable policy, and against such additional perils and for other amounts as may from time to time be required by Landlord without deduction for physical depreciation thereof, such insurance on the Premises shall contain the "Replacement Cost Endorsement"; (ii) in the event that such equipment is installed in the Premises, Boiler and Machinery Equipment Insurance in the amount of One Million Dollars ($1,000,000) or such greater amount as Landlord may at any time reasonably require, coveting boilers, pressure vessels, pressure piping, all major components of Tenantany central air conditioning or heating system, and such additional equipment as Landlord may at any time reasonably require; (iii) Business Interruption Insurance against loss of income by reason of any hazard covered under the insurance required under subsections a. and b. of this Paragraph 20 in an amount sufficient to avoid any coinsurance penalty, but in any event for not less than one year's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about gross Rent from the Demised Premises. Other forms of ; and (iv) such other insurance as may be reasonably required by Landlord from time to cover future risks against which a prudent time in connection with the Building or tenant's activities in the Project including earthquake insurance, but only if earthquake insurance is customarily required to be obtained by institutional lenders on similar buildings in similar projects in the vicinity of the Project.
c. All insurance Tenant would protect itself. All is obligated to obtain under this Paragraph 20 shall (i) name Owner as an additional insured, (ii) be effected under policies of insurance provided for herein shall be issued by insurance companies with a general policy holder's rating insurers which are rated A+7 or better by the latest issue of not less than A "Best Key Rating Guide", (iii) be in forms and a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reportsfor amounts approved by Landlord, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall (iv) provide that Landlord be given shall receive thirty (30) days' written notice from the insurer prior to cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days written notice prior before the expiration dates of expiring policies; and, in the event Tenant shall fail to any cancellation procure such insurance or alteration to deliver such policies or certificates, Landlord may, at its option, procure same for the account of any policyTenant, except and the cost thereof shall be paid to Landlord within ten (10) business days written notice for non-payment after delivery to Tenant of premiumbills therefore. To Nothing contained in this Paragraph 20 shall in any way limit the extent that of Tenant's liability under any other provisions of this Lease.
d. As long as their respective insurers so permit, Landlord and Tenant fails hereby mutually waive their respective rights of recovery against each other from any loss insured by fire, extended coverage, and other property insurance policies existing for the benefit of the respective parties and to provide the foregoing insuranceextent of insurance proceeds collected. Each party shall obtain any special endorsements, either hazard or liabilityif required by their insurer to evidence compliance with the aforementioned waiver. Provided, Tenant shall be responsible to however, if Landlord, as his interest appears, 's insurer charges an additional fee for such damage that would have been insured by endorsement, said policies but for Tenant's failure to obtain such insuranceadditional fee shall constitute an Operating Expense.
Appears in 1 contract
Tenant’s Insurance. The Section 8.02 of the Lease is hereby deleted and, in lieu thereof, the following is instead substituted: Tenant shallshall purchase, at its own expense, and keep in force at all times during the entire term of this Lease, at Lease Term the Tenant's sole cost and expense, but for the mutual benefit of the Landlord and Tenant, maintain general public liability 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 on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single person, and to the limit of 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 $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of insurance may be reasonably required to cover future risks against which a prudent Tenant would protect itself. All policies of insurance provided for herein set forth below (collectively, “Tenant’s Policies”). All Tenant’s Policies shall (a) be issued by an insurance companies company with a general policy holder's Best’s rating of not less than A or better (excluding situations where the Tenant self-insures as provided herein) and a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, otherwise reasonably acceptable to Landlord and qualified shall be licensed to do business in the state of Utahin which the Leased Premises is located; (b) provide that said insurance shall not be canceled unless 30 days’ prior written notice shall have been given to Landlord; (c) provide for deductible amounts that are reasonably acceptable to Landlord (and its lender, if applicable) and (d) otherwise be in such form, and include such coverages, as Landlord may reasonably require. The policies 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 foregoing indemnity obligations of Tenant under this Lease; (4) contain a separation of insured parties provision; (5) be primary, with respect to Tenant’s obligations under the Lease, not contributing with, and not in excess of, coverage that Landlord may carry (with Landlord’s insurance being primary with respect to Landlord’s obligations under the lease); 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” or similar endorsement) shall provide be delivered to Landlord prior to the Commencement Date and upon renewal and request a Certificate of Insurance will be delivered. In the event that Tenant fails, at any time or from time to time, to comply with the proceeds requirements of the preceding sentence, Landlord may (A) order such insurance and charge the cost thereof to Tenant, which amount shall be payable by Tenant to the Tenant and to the LandlordLandlord upon demand, as their respective interests may appear. Said required Additional Rent or (B) impose on Tenant, as Additional Rent, a monthly delinquency fee, for each month during which Tenant insurance coverage shall be verified fails to comply with the Landlord by foregoing obligation, in an insurance carrier in the form of either a certified copy amount equal to five percent (5%) of the policy or other written verification of insurance coverage acceptable Monthly Rental Installments then in effect. Tenant shall give prompt notice to Landlord and Agent of any bodily injury, death, personal injury, advertising injury or property damage occurring in and about the lending institution 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, in the amount of not less than $2,000,000.00 per occurrence, and $5,000,000.00 annual general aggregate, per location; (ii) comprehensive automobile liability insurance covering Tenant against any personal injuries or deaths of persons and property damage based upon or arising out of the ownership, use, occupancy or maintenance of a motor vehicle at the Premises and all areas appurtenant thereto in the amount of not less than $1,000,000, combined single limit; (iii) omitted; (iv) workers’ compensation insurance per the applicable state statutes covering all employees of Tenant; (v) business interruption insurance with limits not less than an amount equal to two (2) years’ rent due hereunder; and if Tenant handles, stores or utilizes Hazardous Substances in its business operations, (vi) pollution legal liability insurance. The foregoing notwithstanding, Landlord hereby consents to Tenant’s self-insurance program provided that, at all times throughout the Term during which Tenant desires that Landlord accept Tenant’s self-insurance program, said program contains procedures (reasonably acceptable to Landlord) governing the investigation, litigation, processing, funding of reserves, and payment of insurance claims (including claims brought by Landlord in its capacity as an additional insured under this Lease), which procedures shall be consistent with those of third-party insurers. At all times, Tenant’s self-insurance program shall be subject to, and comply with, all of the requirements for the Demised Premises. Such Tenant’s insurance policies as described in this Section 8.02 and Landlord’s consent to Tenant’s self-insurance program shall provide that Landlord be given thirty (30) days written notice prior to not diminish or abrogate any cancellation or alteration all of said requirements in any policy, except ten (10) business days written notice for non-payment of premiumway. To the extent that Tenant fails to provide the foregoing insurance, either hazard or liabilityUpon Landlord’s request, Tenant shall be responsible deliver to Landlord certificates and written details, reasonably acceptable to Landlord, as his interest appearsevidencing the compliance of its self-insurance program with the provisions of this paragraph. Landlord’s consent to Tenant’s self-insurance program will automatically terminate upon the effective date of any assignment, for transfer or assumption of the Lease by or to any third party, including transfers by operation of law, regardless of whether or not Landlord consents to such damage transfer (and without, in any way or to any extent, constituting a waiver of any requirement imposed under this Lease that would have been insured by said policies but for Tenant's failure to obtain Landlord consent to, and approve of, any such insuranceassignment, transfer or assumption).
Appears in 1 contract
Tenant’s Insurance. The Tenant shallshall maintain insurance complying with all of the following:
(a) Tenant shall procure, pay for and keep in full force and effect, at all times during the entire term of this LeaseLease Term, at the Tenant's sole cost and expense, but for the mutual benefit of the Landlord and Tenant, maintain following:
(i) Commercial general public liability insurance insuring Tenant against claims liability for personal injury, bodily injury, death and damage to property occurring within the Leased Premises, or property damage occurring uponresulting from Tenant’s use or occupancy of the Leased Premises, the Building, the Common Areas, the Property, or the Project, or resulting from Tenant’s activities in or about the entire Leased Premises, the Property, or the Project, with coverage in an amount equal to Tenant’s Required Liability Coverage (as set forth in Article 1), which insurance shall contain “blanket contractual liability” and “broad form property described on Exhibit "B" attached hereto damage” endorsements insuring Tenant’s performance of Tenant’s obligations to indemnify Landlord as contained in this Lease.
(ii) Fire and onproperty damage insurance in “special form” coverage insuring Tenant against loss from physical damage to Tenant’s personal property, in or about inventory, trade fixtures and improvements within the adjoining streets Leased Premises with coverage for the full actual replacement cost thereof;
(iii) Business income/extra expense insurance sufficient to pay Base Monthly Rent and passagewaysAdditional Rent for a period of not less than twelve (12) months;
(iv) Plate glass insurance, such at actual replacement cost;
(v) [Reserved]
(vi) Product liability insurance to afford protection (including, without limitation, if food and/or beverages are distributed, sold and/or consumed within the Leased Premises, to the limit extent Building G obtainable, coverage for liability arising out of the distribution, sale, use or consumption of food and/or beverages (including alcoholic beverages, if applicable) at the Leased Premises for not less than Tenant’s Required Liability Coverage (as set forth in Article 1);
(vii) Workers’ compensation insurance (statutory coverage) with employer’s liability in amounts not less than $1,000,000 in insurance sufficient to comply with all laws; and
(viii) With respect to injury making of any alterations or death modifications or the construction of improvements or the like undertaken by Tenant, course of construction, commercial general liability, automobile liability and workers’ compensation (to a single personbe carried by Tenant’s contractor), in an amount and with coverage reasonably satisfactory to Landlord and appropriate to the scope of the alterations, modifications, and improvements.
(b) Each policy of liability insurance required to be carried by Tenant pursuant to this paragraph or actually carried by Tenant with respect to the limit of not less than $2,000,000 in Leased Premises, the Property, or the Project: (i) shall with respect to any one accidentinsurance required by subparagraph (a) above, name Landlord, and to the limit of not less than $250,000 in respect to property damage or a combined single limit policy not less than $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property such others as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 are designated by insurance companies with a general policy holder's rating of not less than A and a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant additional insureds; (ii) [reserved]; (iii) shall be primary insurance providing that the insurer shall be liable for the full amount of the loss, up to and including the total amount of liability set forth in the declaration of coverage, without the right of contribution from or prior payment by any other insurance coverage of Landlord; (iv) [reserved]; (v) shall be verified carried with companies with Best’s ratings of at least A and VII; and (vi) shall contain a so-called “severability” or “cross liability” endorsement. Each policy of property insurance maintained by Tenant with respect to the Landlord Leased Premises, the Property, or the Project or any property therein shall contain a waiver and/or a permission to waive by an insurance carrier in the form insurer of either a certified copy any right of the subrogation against Landlord, its partners, principals, members, managers, officers, employees, agents and contractors, which might arise by reason of any payment under such policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration by reason of any policyact or omission of Landlord, except ten its partners, principals, members, managers, officers, employees, agents and contractors.
(10c) business days written notice for non-payment Prior to the time Tenant or any of premium. To its contractors enters the extent that Tenant fails to provide the foregoing insurance, either hazard or liabilityLeased Premises, Tenant shall be responsible deliver to Landlord, as his interest appearswith respect to each policy of insurance required to be carried by Tenant pursuant to this Article, a certificate of the insurer certifying in form satisfactory to Landlord that a policy has been issued, premium paid, providing the coverage required by this Paragraph and containing the provisions specified herein. Landlord may, at any time and from time to time, inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article. If Landlord’s Lender or insurance consultant reasonably determines at any time that the amount of coverage set forth in Paragraph 9.1(a) for any policy of insurance Tenant is required to carry pursuant to this Article is not adequate, then Tenant shall increase the amount of coverage for such damage insurance to such greater amount as Landlord’s Lender or insurance consultant reasonably deems adequate; provided, however, that would have been insured with respect to increases determined by Landlord’s insurance consultant, such coverage need not be increased (i) during the first five (5) years of the Lease Term, or (ii) at any time above levels then generally being required in new leases of comparable buildings in the cities of Santa Xxxxx or Sunnyvale. In the event Tenant does not maintain said policies but for Tenant's failure insurance, Landlord may, in its sole discretion and without waiving any other remedies hereunder, procure said insurance and Tenant shall pay to obtain such insurance.Landlord as additional rent the cost of said insurance plus a ten percent (10%) administrative fee. Building G
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Tenant’s Insurance. The Tenant shallshall maintain insurance complying with all of the following:
(a) Tenant shall procure, pay for and keep in full force and effect, at all times during the entire term of this LeaseLease Term, at the Tenant's sole cost and expense, but for the mutual benefit of the Landlord and Tenant, maintain following:
(i) Commercial general public liability insurance insuring Tenant against claims liability for personal injury, bodily injury, death and damage to property occurring within the Leased Premises, or property damage occurring uponresulting from Tenant’s use or occupancy of the Leased Premises, the Building, the Common Areas, the Property, or the Project, or resulting from Tenant’s activities in or about the entire Leased Premises, the Property, or the Project, with coverage in an amount equal to Tenant’s Required Liability Coverage (as set forth in Article 1), which insurance shall contain “blanket contractual liability” and “broad form property described on Exhibit "B" attached hereto damage” endorsements insuring Tenant’s performance of Tenant’s obligations to indemnify Landlord as contained in this Lease.
(ii) Fire and onproperty damage insurance in “special form” coverage insuring Tenant against loss from physical damage to Tenant’s personal property, in or about inventory, trade fixtures and improvements within the adjoining streets Leased Premises with coverage for the full actual replacement cost thereof;
(iii) Business income/extra expense insurance sufficient to pay Base Monthly Rent and passagewaysAdditional Rent for a period of not less than twelve (12) months;
(iv) Plate glass insurance, such at actual replacement cost;
(v) [Reserved]
(vi) Product liability insurance to afford protection (including, without limitation, if food and/or beverages are distributed, sold and/or consumed within the Leased Premises, to the limit extent obtainable, coverage for liability arising out of the distribution, sale, use or consumption of food and/or beverages (including alcoholic beverages, if applicable) at the Leased Premises for not less than Tenant’s Required Liability Coverage (as set forth in Article 1);
(vii) Workers’ compensation insurance (statutory coverage) with employer’s liability in amounts not less than $1,000,000 in insurance sufficient to comply with all laws; and
(viii) With respect to injury making of any alterations or death modifications or the construction of improvements or the like undertaken by Tenant, course of construction, commercial general liability, automobile liability and workers’ compensation (to a single personbe carried by Tenant’s contractor), in an amount and with coverage reasonably satisfactory to Landlord and appropriate to the scope of the alterations, modifications, and improvements.
(b) Each policy of liability insurance required to be carried by Tenant pursuant to this paragraph or actually carried by Tenant with respect to the limit of not less than $2,000,000 in Leased Premises, the Property, or the Project: (i) shall with respect to any one accidentinsurance required by subparagraph (a) above, name Landlord, and to the limit of not less than $250,000 in respect to property damage or a combined single limit policy not less than $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property such others as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 are designated by insurance companies with a general policy holder's rating of not less than A and a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant additional insureds; (ii) [reserved]; (iii) shall be primary insurance providing that the insurer shall be liable for the full amount of the loss, up to and including the total amount of liability set forth in the declaration of coverage, without the right of contribution from or prior payment by any other insurance coverage of Landlord; (iv) [reserved]; (v) shall be verified carried with companies with Best’s ratings of at least A and VII; and (vi) shall contain a so-called “severability” or “cross liability” endorsement. Each policy of property insurance maintained by Tenant with respect to the Landlord Leased Premises, the Property, or the Project or any property therein shall contain a waiver and/or a permission to waive by an insurance carrier in the form insurer of either a certified copy any right of the subrogation against Landlord, its partners, principals, members, managers, officers, employees, agents and contractors, which might arise by reason of any payment under such policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration by reason of any policyact or omission of Landlord, except ten its partners, principals, members, managers, officers, employees, agents and contractors.
(10c) business days written notice for non-payment Prior to the time Tenant or any of premium. To its contractors enters the extent that Tenant fails to provide the foregoing insurance, either hazard or liabilityLeased Premises, Tenant shall be responsible deliver to Landlord, as his interest appearswith respect to each policy of insurance required to be carried by Tenant pursuant to this Article, a certificate of the insurer certifying in form satisfactory to Landlord that a policy has been issued, premium paid, providing the coverage required by this Paragraph and containing the provisions specified herein. Landlord may, at any time and from time to time, inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article. If Landlord’s Lender or insurance consultant reasonably determines at any time that the amount of coverage set forth in Paragraph 9.1(a) for any policy of insurance Tenant is required to carry pursuant to this Article is not adequate, then Tenant shall increase the amount of coverage for such damage insurance to such greater amount as Landlord’s Lender or insurance consultant reasonably deems adequate; provided, however, that would have been insured with respect to increases determined by Landlord’s insurance consultant, such coverage need not be increased (i) during the first five (5) years of the Lease Term, or (ii) at any time above levels then generally being required in new leases of comparable buildings in the cities of Santa Xxxxx or Sunnyvale. In the event Tenant does not maintain said policies but for Tenant's failure insurance, Landlord may, in its sole discretion and without waiving any other remedies hereunder, procure said insurance and Tenant shall pay to obtain such insuranceLandlord as additional rent the cost of said insurance plus a ten percent (10%) administrative fee.
Appears in 1 contract
Tenant’s Insurance. The Tenant shallshall keep in full force and effect, during the entire term names 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 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 on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single person, and to the limit of 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 $2,000,000 per occurrence. All policies shall name Landlord and the every mortgagee of the Building, a policy of a public liability and property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide damage insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 with companies with a general policy holder's rating of not less than A and a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state Province of UtahOntario and reasonably acceptable to the Landlord with respect to the Premises, the Lands, the Building, and the business operated by the Tenant in the Premises in which the limits of public liability shall not be less than FIVE MILLION DOLLARS ($5,000,000.00) per person and FIVE MILLION DOLLARS ($5,000,000.00) per accident and in which the property damage liability shall not be less than FIVE MILLION DOLLARS ($5,000,000.00). The policies for In addition, the foregoing Tenant shall at all times maintain all risk insurance shall provide that in an amount adequate to cover the proceeds thereof shall be payable costs of replacement of all alterations, decorations, additions and improvements made by the Tenant and all goods and chattels belonging to the Tenant in the Premises in the event of fire or extended coverage loss. The insurance policies stipulated above shall contain a waiver or waivers of subrogation against the Landlord, to the extent available from the Tenant's insurer. The Tenant hereby waives, releases and discharges the Landlord from all tights, claims and demands whatsoever which the Tenant might have or acquire against the Landlord arising out of damage to or destruction of the Building or any part thereof occasioned by any perils insured against by the Tenant or which the Tenant has agreed to insure against, whether such rights, claims and demands shall arise through the negligence or the fault of the Landlord, its servants, agents or contractors, or not. The Tenant agrees to look solely to its insurer or insurers in the event of such loss, or whether the insurance coverage is sufficient fully to reimburse the Tenant for such loss or not. The Tenant shall deliver certified copies of all insurance policies required to be obtained by the Tenant pursuant to this Lease prior to occupancy of the Premises by the Tenant, and, the Tenant shall, in each Lease Year, deliver evidence of renewal of the same to the Landlord, . The Landlord shall insure the Building as their respective interests may appear. Said required Tenant insurance coverage shall be verified would a prudent landlord having regard to the Landlord by an insurance carrier in the form of either a certified copy age, size and location of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. 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 damage that would have been insured by said policies but for Tenant's failure to obtain such insuranceBuilding.
Appears in 1 contract
Tenant’s Insurance. The At its own expense the Tenant shall, shall take out and thereafter maintain in force at all times during the entire term Term and at all times when the Tenant is in possession of this Leasethe Leased Premises insurance policies as follows:
(a) all risks insurance on Leasehold Improvements and on all other property of every description, at nature and kind owned by the Tenant's sole Tenant or for which the Tenant is legally liable, which is installed, located or situated within the Leased Premises or elsewhere in the Project, including without limitation, all inventory or stock-in-trade in an amount not less than the full replacement cost thereof without deduction for depreciation; such insurance shall be subject to a replacement cost endorsement and expense, but shall include a stated amount co-insurance clause and a breach of conditions clause;
(b) commercial general liability insurance to respond to any and all incidents occurring in the Leased Premises in the minimum amount of $5,000,000.00 per occurrence including the following extensions: owners and contractors protective; limited pollution coverage endorsement; products and completed operations; personal injury; tenant’s legal liability insurance for the mutual benefit full replacement cost of the Leasehold Improvements; occurrence basis property damage; blanket contractual and non-owned automobile liability; such insurance shall include cross liability and severability of interest clauses;
(c) boiler and machinery or equipment breakdown insurance, including repair or replacement endorsement, in an amount satisfactory to the Landlord and Tenantproviding coverage with respect to all objects introduced into the Leased Premises by or on behalf of the Tenant or otherwise constituting Leasehold Improvements;
(d) plate glass insurance on all internal and external glass within or fronting the Leased Premises; however, maintain general public liability notwithstanding the foregoing, the Tenant may elect to self-insure for the insurance against claims for personal injury, death or property damage occurring upon, described in or about this Subsection 9.02(d);
(e) business interruption insurance on the entire property described on Exhibit "B" attached hereto and on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit profit form providing all risks coverage with a period of indemnity of not less than $1,000,000 12 months; and
(f) any other form of insurance in such amounts and against such risks as is or may become customary or reasonable for similar tenants in similar projects in the City of Ottawa. The Tenant acknowledges and agrees that it shall be solely responsible for insuring the Leasehold Improvements, its equipment and stock and any other property owned or brought into the Leased Premises by the Tenant whether affixed to the Building or not. The insurance policies referred to in this Section shall be subject to such higher limits as the Tenant, or the Landlord acting reasonably, or any mortgagee of the Landlord’s interest in the Project may reasonably require from time to time. The insurance policies referred to in Subsections 9.02(a) and (b) shall include the Landlord and the Landlord’s Agent and Nominee (collectively the “Additional Insureds”) as additional insureds, and shall protect and indemnify the Additional Insureds in respect of all Claims, including Claims by the Tenant, as if the Additional Insureds were separately insured. The insurance policies referred to injury in Subsections 9.02(a), (b), (c), (d), (e) and (f) shall contain a waiver of the insurer’s right of subrogation as against the Landlord and the Landlord’s Agent. The Tenant hereby waives its right of recovery against the Landlord, its employees and those for whom the Landlord is in law responsible with respect to all Claims required to be insured against by the Tenant hereunder. Any and all deductibles in the Tenant’s insurance policies shall be borne solely by the Tenant and shall not be recovered or death attempted to a single personbe recovered from the Landlord. In addition, all such policies shall be non-contributing with, and will apply only as primary and not excess to, any insurance proceeds available to the limit Landlord. The Tenant shall provide to the Landlord at the commencement of not less than $2,000,000 the Term and at least 30 days prior to the renewal of all insurance referred to in respect to any one accidentthis Section 9.02, and promptly at any time upon request, a certificate of insurance evidencing the insurance coverage maintained by the Tenant in accordance with this Section 9.02. The delivery to the Landlord of a certificate of insurance or any review thereof by or on behalf of the Landlord shall not limit the obligation of not less than $250,000 in respect the Tenant to property damage provide and maintain insurance pursuant to this Section 9.02 or a combined single limit policy not less than $2,000,000 per occurrencederogate from the Landlord’s rights if the Tenant shall fail to fully insure. All policies shall name Landlord and provide that the mortgagee insurance shall not be cancelled or changed to the prejudice of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage Landlord without at least 30 days’ prior written notice given by the insurer to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of insurance may be reasonably required to cover future risks against which a prudent Tenant would protect itselfLandlord. All policies of insurance provided for herein shall be issued by insurance companies placed with a general policy holder's rating of not less than A and a financial rating of AAA, as rated company licensed to sell commercial insurance in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of UtahCanada. The Tenant acknowledges and agrees that, if it fails to obtain and maintain in force any of the insurance policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to set out in this Section 9.02, then the Tenant shall indemnify and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to hold harmless the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration respect of any policy, except ten (10) business days written notice for non-payment of premium. 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 damage that would have been insured by said policies but for Tenant's failure to obtain such insurancelosses arising therefrom.
Appears in 1 contract
Samples: Lease Agreement (Shopify Inc.)
Tenant’s Insurance. The Section 9.02 of the Original Lease is hereby deleted and, in lieu thereof, the following is instead substituted:
6.1 Tenant shallshall purchase, at its own expense, and keep in force at all times during the entire term of this Lease, at Lease Term the Tenant's sole cost and expense, but for the mutual benefit of the Landlord and Tenant, maintain general public liability 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 on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single person, and to the limit of 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 $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of insurance may be reasonably required to cover future risks against which a prudent Tenant would protect itself. All policies of insurance provided for herein set forth below (collectively, “Tenant’s Policies”). All Tenant’s Policies shall (a) be issued by an insurance companies company with a general policy holder's Best’s rating of not less than A or better and a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, otherwise reasonably acceptable to Landlord and qualified shall be licensed to do business in the state of Utahin which the Leased Premises is located; (b) provide that said insurance shall not be canceled or materially modified unless 30 days’ prior written notice shall have been given to Landlord; (c) provide for deductible amounts that are reasonably acceptable to Landlord (and its lender, if applicable) and (d) otherwise be in such form, and include such coverages, as Landlord may reasonably require. The policies 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 foregoing insurance 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 provide that be delivered to Landlord prior to the proceeds Commencement Date and renewals thereof shall be payable delivered to Landlord’s corporate and regional 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 (A) order such insurance and charge the cost thereof to the LandlordTenant, which amount shall be payable by Tenant to Landlord upon demand, as their respective interests may appear. Said required Additional Rent or (B) impose on Tenant, as Additional Rent, a monthly delinquency fee, for each month during which Tenant insurance coverage shall be verified fails to comply with the Landlord by foregoing obligation, in an insurance carrier in the form of either a certified copy amount equal to five percent (5%) of the policy or other written verification of insurance coverage acceptable Monthly Rental Installments then in effect. Tenant shall give prompt notice to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration Agent of any policybodily injury, except ten 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: (10i) business days written notice for non-payment of premium. To the extent that Tenant fails to provide the foregoing commercial general or excess liability insurance, either hazard including personal injury and property damage, in the amount of not less than $2,000,000.00 per occurrence, and $5,000,000.00 annual general aggregate, per location; (ii) comprehensive automobile liability insurance covering Tenant against any personal injuries or liabilitydeaths of persons and property damage based upon or arising out of the ownership, use, occupancy or maintenance of a motor vehicle at the Premises and all areas appurtenant thereto in the amount of not less than $1,000,000, combined single limit; (iii) commercial property insurance (including reasonable business interruption limits) covering Tenant’s Property (at its full replacement cost); (iv) workers’ compensation insurance per the applicable state statutes covering all employees of Tenant; and if Tenant shall be responsible to Landlordhandles, as his interest appearsstores or utilizes Hazardous Substances in its business operations, for such damage that would have been insured by said policies but for Tenant's failure to obtain such (v) pollution legal liability insurance.
Appears in 1 contract
Samples: Lease (Eschelon Telecom Inc)
Tenant’s Insurance. The Tenant shall, shall take out and keep in force during the entire term of this Lease, at the Tenant's sole cost and expense, but for the mutual benefit of the Landlord and Tenant, maintain Term:
(a) comprehensive general public liability insurance against claims for personal (including bodily injury, death or and property damage occurring upon, in or about damage) insurance on an occurrence basis with respect to the entire property described on Exhibit "B" attached hereto and business carried on, in or about from the adjoining streets Leased Premises and passageways, such insurance to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single person, Tenant's use and to the limit occupancy thereof of not less than $2,000,000 which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect to any one accident, and to of claims by the limit of not less than $250,000 Tenant as if the Landlord were separately insured; and
(b) insurance in respect to property damage or a combined single limit policy not less than $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property such amounts as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of insurance may be reasonably required by the Landlord in respect of fire and such other penis, including sprinkler leakage as are from time 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 a financial rating of AAA, as rated time defined in the most current available "Bestusual extended coverage endorsement covering the Tenant's Guide" Insurance Reportstrade fixtures and the furniture and equipment of the Tenant and (except as to Insured Damage) all Leasehold Improvements of the Tenant, and qualified which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to do business the insured Leasehold Improvements and provided that any proceeds recoverable in the state event of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof 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 insured property if this Lease is not terminated pursuant to any other provision hereof; and if the Landlord shall require the same from time to time then also:
(c) Tenant's fire legal liability insurance in an amount not less than the actual cash value of the Leased Premises. All insurance required to be maintained by the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage hereunder shall be verified on terms and with insurers to which the Landlord has no reasonable objection and shall provide that such insurers shall provide to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days days' prior written notice prior to any of cancellation or material alteration of any policy, except ten (10) business days written notice for non-payment of premiumsuch terms. To the extent that Tenant fails to provide the foregoing insurance, either hazard or liability, The Tenant shall furnish to the Landlord certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be responsible effected by the Tenant and its renewal or continuation in force. If the Tenant shall fail to Landlordtake out, renew and keep in force such insurance the Landlord may do so as his interest appears, for such damage that would have been insured the agent of the Tenant and the Tenant shall repay to the Landlord any amounts paid by said policies but for Tenant's failure to obtain such insurancethe Landlord as premiums forthwith upon demand.
Appears in 1 contract
Samples: Net Lease Agreement (Pivotal Corp)
Tenant’s Insurance. The Tenant shall, shall take out and keep in force during the entire term of this Lease, at the Tenant's sole cost and expense, but for the mutual benefit of the Landlord and Tenant, maintain Term:
(a) comprehensive general public liability insurance against claims for personal (including bodily injury, death or and property damage occurring upon, in or about damage) insurance on an occurrence basis with respect to the entire property described on Exhibit "B" attached hereto and business carried on, in or about from the adjoining streets Leased Premises and passageways, such insurance to afford protection to the limit Tenant's use and occupancy thereof of not less than $1,000,000 2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect to injury or death to a single personof claims by the Tenant as if the Landlord were separately insured;
(b) insurance, and to the limit of 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 $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of for the full replacement value 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 all of the Leasehold Improvements and the Tenant's propertytrade fixtures and the furniture and equipment of the Tenant, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, 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 it may have in or on or about the Demised Premises. Other forms of 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 a financial rating of AAA, as rated any proceeds recoverable in the most current available "Best's Guide" Insurance Reports, and qualified event of loss to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof Leasehold Improvements shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said 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 insurance coverage hereunder shall be verified on terms and with insurers to which the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Landlord by an insurance carrier in 30 days prior written notice of cancellation or material alteration of such terms and shall waive any right of subrogation against the form of either a certified copy of Landlord. The Landlord may require the policy Tenant to furnish certificates or other written verification of insurance coverage evidence acceptable to the Landlord as to the insurance from time to time required to be effected by the Tenant and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation its renewal or alteration of any policy, except ten (10) business days written notice for non-payment of premium. 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 damage that would have been insured by said policies but for Tenant's failure to obtain such insurancecontinuation in force.
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Tenant’s Insurance. The Tenant shall, during the entire term of this Leaseshall purchase and maintain or otherwise cause to be maintained, at the Tenant's its sole cost and expense, but the following insurance during the entire Term and any period Tenant (or any party claiming by, through, or under Tenant) occupies any portion of the Premises, for the mutual benefit of the Tenant and Landlord with terms and Tenantcoverages reasonably satisfactory to Landlord, maintain general public liability insurance against claims for personal injuryand with insurers having a minimum A.M. Best’s rating of at least A-VIII, death (or property damage occurring upon, in or about the entire property described on Exhibit "B" attached hereto its equivalent if such guide ceases to be published) and on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit with minimum limits of not less than $1,000,000 the greater of (i) those set forth hereunder; (ii) those evidenced on the declaration page of the pertinent insurance policy; and (iii) those required by law, unless otherwise approved in respect writing by Landlord:
A. Commercial Property Insurance - Coverage shall be maintained covering property damage to injury or death to a single personthe entire Premises (as herein defined). Such coverage shall insure the full replacement cost, without deduction for depreciation, of the Property, Buildings, improvements, betterments, alterations, fit-out, personal property, machinery, equipment, office furniture, trade fixtures, office equipment, contents, products, molds, and all other personal property in, on, or about the Property and Buildings including the roof and rooftop equipment (all the foregoing, including for the avoidance of doubt the Buildings, the “Premises”). Such insurance shall name Xxxxxx as the named insured, with Landlord and Xxxxxxxx’s mortgagee(s) named as additional insureds and loss payees as their interests may appear. Such policy shall (i) be written on “special form” basis (also referred to as “all risk”) including, but not limited to coverage for the perils of fire, explosion, smoke, aircraft, vehicles, civil commotion, hail, windstorm, named storm, theft, water damage, sewer backup, vandalism, malicious mischief, sprinkler leakage, debris removal, and other endorsements as Landlord shall reasonably request from time to time; (ii) not contain any co-insurance requirements or penalties; (iii) not contain any deductibles exceeding one hundred thousand dollars $100,000 per occurrence, unless otherwise approved by Landlord; (iv) include coverage for business interruption, with a limit of sufficient to cover not less than $2,000,000 in respect twelve (12) months from time of loss and containing a 365 day extended period of indemnity. It is understood and agreed that Tenant assumes all risk of damage to its own property (including its business interruption) arising from any one accidentcause whatsoever, including, without limitation, loss by theft, water damage, vandalism, and the other perils listed in the foregoing subsection (i). As a condition to the limit commencement of any Alterations, either Tenant shall maintain (or cause to be maintained), or if the applicable contract for such Alterations is in Landlord’s name pursuant to Section 8 of the Work Letter, Landlord shall maintain (or cause to be maintained), during any period when Tenant is performing Alterations: builder’s risk insurance on a 100% replacement cost (and completed value, non-reporting) coverage basis, including hard and soft costs coverages with such endorsements as Landlord may reasonably require. Such builder’s risk insurance shall protect and insure Landlord, Landlord’s agents, Tenant and Xxxxxx’s contractors, as their interests may appear, against loss or damage by fire, water damage, vandalism and malicious mischief, and such other risks as are customarily covered by so-called “special form” builder’s risk coverage. Such builder’s risk coverage shall be approved by Landlord and may be provided by Landlord at the mutual agreement of Tenant and Landlord.
B. Commercial General Liability Insurance - Coverage shall be issued on a form that is equivalent to the most recently filed ISO CG 00 01 occurrence form, with limits of liability not less than $250,000 what is listed in respect the chart above. Such policy shall include coverage for premises/operations, bodily injury (including death and mental anguish), personal and advertising injury, property damage, host liquor liability (unless separately insured), damage to property damage Premises rented to Tenant and insured contracts (as defined by the most recently filed CG 00 01 form or equivalent).
C. Intentionally Deleted;
D. Loss of income or business interruption insurance in such amounts as will reimburse Tenant for direct or indirect loss of earnings attributable to all perils commonly insured against by prudent tenants or attributable to prevention of access to the Property as a combined single limit policy not result of such perils, but in no event in an amount less than $2,000,000 per occurrence. All policies the total gross revenues of Tenant from the Property for twelve (12) months, and shall name Landlord include a 365-day extended period of indemnity;
E. Loss of income or business interruption insurance covering loss of Rents due to fire and the mortgagee risks now or hereafter embraced by Extended Coverage for the annual amount of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent Rents for a minimum of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reportsone (1) year, and qualified to do business in the state rental value shall include the Base Rent and any other payments payable under the terms of Utahthis Lease. The policies for the foregoing Said insurance shall provide that in the proceeds thereof shall be payable to event this Lease is terminated or in the Tenant and to event Rent is abated by reason of an insured loss, the Landlord, as their respective interests may appear. Said required Tenant insurance period of indemnity for such coverage shall be verified to extended beyond the Landlord by an insurance carrier in the form of either a certified copy date of the policy completion of repairs or other written verification replacement of the Property, to provide for one full year’s loss of Rent from the date of any such loss. Said insurance coverage acceptable to Landlord shall contain an agreed valuation provision in lieu of any coinsurance clause, and the lending institution amount of coverage shall be adjusted annually to reflect the projected Rent otherwise payable by Tenant, for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty next twelve (3012) days written notice prior to any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. 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 damage that would have been insured by said policies but for Tenant's failure to obtain such insurance.month period];
Appears in 1 contract
Samples: Lease Agreement (Faraday Future Intelligent Electric Inc.)
Tenant’s Insurance. The Tenant shall maintain during the Term and any renewal thereof or later occupation of the Premises insurance with respect to its interest in the Premises, the fixtures and Improvements made by or on behalf of Tenant in the Premises, and all operations of Tenant in and from the Premises. Tenant’s insurance shall be in amounts equal to those maintained by prudent tenants of similar premises and shall, during without limiting the entire term foregoing, cover the following risks:
(a) “all risks” (including flood and earthquake) coverage for property of this Leaseevery kind owned by Tenant or for which Tenant is legally liable or installed by or on behalf of Tenant and which is located within the Building, at including, without limitation, all of Tenant’s furniture and movable equipment and all leasehold improvements and other Improvements, in an amount not less than the full replacement cost thereof;
(b) “all risks” Tenant's sole ’s legal liability insurance in an amount not less than the full replacement cost and expenseof the Premises, including loss of their use;
(c) comprehensive general liability insurance including, but for not limited to property damage, public liability, personal injury liability, contractual liability, non-owned automobile liability and contractor’s protective insurance coverage, all on an occurrence basis with respect to the mutual benefit use, occupancy, activities or things on the Premises and with respect to the use and occupancy of any other part of the Landlord and TenantBuilding by Tenant or any of its employees, maintain general public liability insurance against claims agents, contractors or persons for personal whom Tenant is in law responsible with coverage of not less than Five Million Dollars ($5,000,000.00) for each occurrence involving bodily injury, death or property damage occurring upon, (or for such higher limits as Landlord may reasonably require from time to time);
(d) business interruption insurance in or about the entire property described on Exhibit "B" attached hereto such amounts as will reimburse Tenant for direct and on, in or about the adjoining streets and passageways, such insurance to afford protection indirect loss of earnings attributable to the limit of not less than $1,000,000 perils insured against in respect to injury subparagraph 9.1 (a) and other perils commonly insured against by prudent tenants; and
(e) such other coverage as Landlord or death to a single person, and the Mortgagee may require having regard to the limit risks which are customarily insured against by prudent tenants of 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 $2,000,000 per occurrencelike premises. All policies Such insurance shall name include:
(A) Landlord and the mortgagee of the property any Mortgagee designated by Notice from Landlord together with those for whom they are in law responsible as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, insureds as their respective interests may appear;
(B) a severability of interests and cross-liability clauses protecting Landlord in respect of claims by Tenant as if Landlord was separately insured;
(C) a provision prohibiting the insurer from materially altering or canceling the coverage without first giving Landlord at least 30 days prior Notice thereof; and
(D) a waiver of any subrogation rights which Tenant’s insurers may have against Landlord and against those for whom Landlord is in law responsible. Said required Tenant shall provide Landlord with certificates of such insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either and any renewals thereof and, at Landlord’s request, with a certified copy of the policy or other written verification of its insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. 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 damage that would have been insured by said policies but for Tenant's failure to obtain such insurancepolicy(ies).
Appears in 1 contract
Samples: Lease Agreement (Peace Arch Entertainment Group Inc)
Tenant’s Insurance. The Tenant shall, will take out and keep in force during the entire term of this LeaseTerm:
(a) commercial general liability (including bodily injury, at death, and property damage) insurance on an occurrence basis with respect to the business carried on, in, or from the Premises and the Tenant's sole cost ’s use and expenseoccupancy of them, but for the mutual benefit of the Landlord and Tenant, maintain general public liability 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 on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single person[redacted]per occurrence, and to which insurance will include the limit of 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 $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured and will protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; and
(b) all 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, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. fixtures, and all Tenant shall also provide Improvements, and insurance coverage upon all glass and plate glass in the Premises, against breakage and damage from any cause, all in an amount equal to the extent of the full replacement value covering all thereof, which amount in the event of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of insurance may be reasonably required to cover future risks against which a prudent Tenant would protect itself. All policies of insurance provided for herein dispute shall be issued determined by the decision of the Landlord, and which insurance companies will include the Landlord as Loss Payee as the Landlord’s interest may appear with a general policy holder's rating of not less than A respect to the Leasehold Improvements and a financial rating of AAA, as rated provided that any proceeds recoverable in the most current available "Best's Guide" Insurance Reports, and qualified event of loss to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall Leasehold Improvements will be payable to the Tenant and to the Landlord, as their respective interests may appearbut the Landlord agrees to make available such proceeds toward the repair or replacement of the Tenant Improvements if this Lease is not terminated under any other provision of it; and
(c) tenant’s fire legal liability insurance in an amount not less than the actual cash value of the Premises. Said 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 insurance coverage shall under this Lease will be verified on terms and with insurers to which the Landlord has no reasonable objection and will provide that such insurers will provide to the Landlord 30 days’ prior written notice of cancellation or material alteration of such terms. The Tenant will furnish to the Landlord certificates or other evidence acceptable to the Landlord as to the insurance from time to time required to be effected by an insurance carrier the Tenant and its renewal or continuation in the form force, either by means of either a certified copy of the policy or other written verification policies of insurance coverage acceptable to 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 and 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 lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. To the extent that Tenant fails to provide take out, renew, and keep in force such insurance the foregoing insurance, either hazard or liability, Landlord may do so as the agent of the Tenant shall be responsible and the Tenant will repay to Landlord, the Landlord any amounts paid by the Landlord as his interest appears, for such damage that would have been insured by said policies but for Tenant's failure to obtain such insurancepremiums promptly upon demand.
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Tenant’s Insurance. The Tenant shallshall keep in force at its own expense, during the entire term of so long as this Lease remains in effect, (a) public liability insurance, including insurance against assumed or contractual liability under this Lease, at with respect to the Tenant's sole cost Premises, to afford protection with limits, per person and expensefor each occurrence, but for the mutual benefit of the Landlord not less than Two Million Dollars ($2,000,000), combined single limit, with respect to personal injury and Tenant, maintain general public liability 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 on, in or about the adjoining streets and passagewaysproperty damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord and (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months. Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term 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 liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection to the limit with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($1,000,000 in 200,000.00), combined single limit, with respect to personal injury or and death and property damage, such insurance to a single personprovide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements not required to be restored at the end of the Term made in the Premises by or on behalf of Tenant whether pursuant to the limit terms of not less than $2,000,000 in respect to any one accidentSection 35, and to the limit of not less than $250,000 in respect to property damage Section 10, or a combined single limit policy not less than $2,000,000 per occurrenceotherwise. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. To the extent that If Tenant fails to provide the foregoing insurancecomply with its covenants made in this Section, either hazard if such insurance would terminate or liabilityif 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 shall be responsible agrees to pay promptly upon Landlord’s demand, as his interest appears, additional rent the premiums for such damage that would have been insured by said policies but for Tenant's failure to obtain such insurance.
Appears in 1 contract
Tenant’s Insurance. The Tenant shall, at its own expense, take out and keep in force during the entire term of this Lease, at Term and such other times as the Tenant's sole cost and expense, but for the mutual benefit Tenant is in occupation or possession of the Landlord and Tenant, maintain Premises or any part thereof:
(a) commercial general insurance of the type commonly called general public liability insurance against claims liability, which shall include coverage for personal injury, broad blanket contractual liability, employer’s liability, owner’s protective liability, non-owned automobile liability, bodily injury, death or and property damage occurring upondamage, in or about the entire property described all on Exhibit "B" attached hereto and on, in or about the adjoining streets and passageways, such insurance to afford protection an occurrence basis with respect to the limit business carried on in the Premises and the Tenant’s use and occupancy of the Premises and use of the Common Areas, Building Systems, and Common Use Equipment, or of any other part of the [●] Building, with coverage for any one occurrence or claim of not less than $1,000,000 in respect 5,000,000 or such other amount as the Landlord may from time to injury or death to a single person, and to the limit of time reasonably require upon not less than $2,000,000 in respect thirty (30) days’ notice at any time during the Term, which insurance shall contain a severability of interest clause and a cross-liability clause, both of which clauses must be satisfactory to any one accidentthe Landlord, acting reasonably;
(b) “all risks” property insurance covering the Leasehold Improvements, trade fixtures, and to the limit of not less than $250,000 furniture and equipment in respect to property damage or the Premises on a combined single limit policy not less than $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of cost basis with an agreed amount co-insurance may be reasonably required to cover future risks against clause and by-law endorsement and 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 a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the any proceeds thereof recoverable with respect to Leasehold Improvements shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to Landlord (but the Landlord by an insurance carrier in agrees to make available such proceeds toward the form of either a certified copy repair or replacement of the policy or insured property if this Lease is not terminated pursuant to any other written verification of provisions hereof);
(c) tenant’s legal liability insurance coverage acceptable to Landlord and the lending institution for the Demised full replacement cost of the Premises. Such , including loss of their use; and
(d) insurance policies shall provide that against such other perils and in such amounts as the Landlord be given or any Mortgagee of the Landlord may from time to time reasonably require upon not less than thirty (30) days written notice prior days’ notice, such requirement to any cancellation or alteration be made on the basis that the required insurance is customary at the time in the Town of any policy, except ten (10) business days written notice Kemptville for non-payment tenants of premium. To buildings similar 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 damage that would have been insured by said policies but for Tenant's failure to obtain such insurance[●] Building.
Appears in 1 contract
Samples: Lease Agreement
Tenant’s Insurance. The Tenant shall, during throughout the entire term Term (and any other period when Tenant is in possession of this Leasethe Premises), maintain at the Tenant's its sole cost and expensethe following insurance:
(a) All risks property insurance, but for the mutual benefit of the naming Landlord and Tenantany mortgagee of Landlord as additional insured parties. Such insurance shall insure (i) property of every kind owned by Tenant in an amount not less than the full replacement cost thereof (new), maintain with such cost to be adjusted no less than annually.
(b) Commercial general public liability 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 on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit insurance. Such policy shall contain inclusive limits per occurrence of not less than the $1,000,000 and include Landlord and any mortgagee of Landlord as additional insureds.
(c) Worker's compensation and employer's liability insurance in respect to injury or death to a single person, and to the limit of 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 $2,000,000 per occurrencecompliance with applicable legal requirements. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall referred to above shall: (i) be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 taken out with a general policy holder's rating of not less than A and a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified insurers licensed to do business in Florida and reasonably acceptable to Landlord; (ii) be in a form reasonably satisfactory to Landlord; (iii) be non-contributing with, and shall apply only as primary and not as excess to any other insurance available to Landlord or any mortgagee of Landlord; (iv) contain an undertaking by the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable insurers to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the notify Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given mail not less than thirty (30) days written notice prior to any cancellation material change, cancellation, or alteration termination, and (v) with respect to subsection (a), contain replacement cost, demolition cost, and increased cost of construction endorsements. Certificates of insurance or, if required by Landlord, copies of such insurance policies certified by an authorized officer of Tenant's insurer as being complete and current, shall be delivered to Landlord promptly upon request. If A) Tenant fails to take out or to keep in force any policyinsurance referred to in this section 6.1, except ten or should any such insurance not be approved by Landlord, and B) Tenant does not commence and continue to diligently cure such default within two (102) business days after written notice for non-payment by Landlord to Tenant specifying the nature of premiumsuch default, then Landlord has the right, without assuming any obligation in connection therewith, to effect such insurance at the sole cost of Tenant and all outlays by Landlord shall be paid by Tenant to Landlord without prejudice to any other rights or remedies of Landlord under this Lease. To the extent that Tenant fails to provide the foregoing insurance, either hazard or liability, Tenant shall not keep or use in the Premises any article which may be responsible prohibited by any fire or casualty insurance policy in force from time to Landlord, as his interest appears, for such damage that would have been insured by said policies but for Tenant's failure to obtain such insurancetime covering the Premises or the Building.
Appears in 1 contract
Tenant’s Insurance. The Tenant shall, during the entire term of this Lease, shall maintain at the Tenant's sole cost and its expense, but for the mutual benefit (1) in an amount equal to full replacement cost, special form (formerly known as all risk) property insurance on all of the Landlord its personal property, including removable trade fixtures and leasehold and tenant improvements, and Tenant’s Property located in the Premises and in such additional amounts as are required to meet Tenant’s obligations pursuant to Section 18 hereof and with deductibles in an amount reasonably satisfactory to Landlord, maintain and (ii) a policy or policies of commercial general public liability insurance against claims (including endorsement or separate policy for personal injuryowned or non-owned automobile liability) with respect to its activities in the Building and on the Property, death with the premiums thereon fully paid on or property damage occurring uponbefore the due date, in or about the entire property described on Exhibit "B" attached hereto and on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single person, and to the limit an amount of not less than $2,000,000 in respect to any one accidentper occurrence per person coverage for bodily injury, property damage, personal injury or combination thereof (the term “personal injury” as used herein means, without limitation, false arrest, sexual harassment, detention or imprisonment, malicious prosecution, wrongful entry, libel and to the slander), provided that if only single limit coverage is available it shall be for at least $2,000,000 per occurrence with an umbrella policy of not less than at least $250,000 in respect to property damage or a 5,000,000 combined single limit policy not less than $2,000,000 per occurrence. All Tenant’s insurance policies shall name Landlord and Building Manager as additional insureds and shall include coverage for the mortgagee contractual liability of Tenant to indemnify Landlord and Building Manager pursuant to Section 16 of this Lease and shall have deductibles in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession of the property as an additional named insuredPremises, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage furnish evidence satisfactory to the extent Landlord of the full replacement value covering all maintenance and timely renewal of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reportssuch insurance, and qualified to do business in the state of Utah. The policies for the foregoing insurance Tenant shall provide that the proceeds thereof shall be payable to the Tenant obtain and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable deliver to Landlord and a written obligation on the lending institution for the Demised Premises. Such insurance policies shall provide that part of each insurer to notify Landlord be given at least thirty (30) days written notice prior to any the modification, cancellation or alteration expiration of any such insurance policies. In the event Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at least thirty (30) days prior to the expiration date of each expiring policy, except ten Landlord may obtain such insurance as Landlord may reasonably require to protect Landlord’s interest (10which obtaining of insurance shall not be deemed to be a waiver of Tenant’s default hereunder). The cost to Landlord of obtaining such policies, plus an administrative fee in the amount of fifteen percent (15%) business days written notice for non-payment of premium. To the extent that Tenant fails to provide the foregoing insurance, either hazard or liability, Tenant cost of such policies shall be responsible paid by Tenant to Landlord, Landlord as his interest appears, for such damage that would have been insured by said policies but for Tenant's failure to obtain such insuranceAdditional Rent upon demand.
Appears in 1 contract
Tenant’s Insurance. a) The Tenant shall, agrees to take out and keep in forced during the entire term of this Lease, at the Tenant's sole cost and expense, but for the mutual benefit of the Landlord and Tenant, maintain hereof general public liability insurance against claims for personal injury, death or property damage occurring upon, in or about on an occurrence by occurrence basis and such insurance coverage as may reasonably be prescribed by the entire property described on Exhibit "B" attached hereto and Landlord with respect to the business carried on, in or about from the adjoining streets Leased Premises and passagewaysthe use and occupancy thereof by the Tenant but in any event, such insurance to afford protection to in the limit sum of not less than $1,000,000 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 to injury or death to a single person, and to of claims by the limit of not less than $2,000,000 in respect to any one accident, and to Tenant as if the limit of not less than $250,000 in respect to property damage or a combined single limit policy not less than $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named were separately insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and furnish to the Landlord, if and whenever requested by the Landlord, certificates or other satisfactory evidence as to such insurance.
b) The Tenant shall throughout the term of this lease, provide and keep in force property damage insurance in respect of the Leasehold Improvements, the Tenant’s furniture and trade fixtures, interior plate glass and such other property in or forming part of the Leased Premises and Building as the Landlord may from time to time require, including fire and extended coverage and against such perils and in such amounts as are normally insured in the circumstances by prudent Tenants, as the 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 respective interests renewal and payments of premium as the Landlord may appearrequire, 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, effect such insurance and recover any premiums paid therefore from the Tenant on demand, including fifteen (15%) percent administration fee. Said The Tenant shall promptly pay all premiums due on the insurance required to be effected by it hereunder and 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 if the insurance premiums of the Landlord shall increase because of anything done or omitted by the Tenant insurance coverage of the Leased Premises, the amount of increase shall be verified paid by the Tenant to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. 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 damage that would have been insured by said policies but for Tenant's failure to obtain such insuranceon demand.
Appears in 1 contract
Tenant’s Insurance. The Tenant shallwill, during from and after the entire term earlier of this LeaseTenant entering into the Premises or Commencement Date and until the expiration or earlier termination of the Term, at the Tenant's ’s sole cost and expense, but for keep any Leasehold Improvements and other alterations or improvements to the mutual benefit Premises made by Tenant and all of Tenant’s machinery, equipment, furniture, fixtures, personal property (including also property under the Landlord care, custody, or control of Tenant) and Tenantbusiness interests which may be located in, maintain general public liability insurance against claims for personal injury, death or property damage occurring upon, in upon or about the entire property described on Exhibit "B" attached hereto and on, Premises insured for the benefit of Tenant in or about the adjoining streets and passageways, such insurance to afford protection an amount equivalent to the limit full replacement value or insurable value thereof against:
(a) loss or damage by fire; and
(b) such other risk or risks of a similar or dissimilar nature as are now, or may in the future be, customarily covered with respect to a tenant’s machinery, equipment, furniture, fixtures, personal property and business located in a building similar in connection, general location, use, occupancy and design to the Building, including, but without limiting the generality of the foregoing, windstorms, hail, explosions, vandalism, theft, malicious mischief, civil commotion and such other coverage as Tenant may deem appropriate or necessary.
(c) Tenant covenants and agrees to maintain throughout the Lease Term, a policy or policies of insurance providing insurance coverage for Tenant’s liability for damage to the Building and its indemnification requirement under this Lease to be insured under standard hazard, fire, and extended coverage, plate glass insurance, comprehensive general liability insurance, and including coverage for bodily injury and death, property damage, personal injury (employee and contractual liability exclusions deleted), and broad form property damage insurance, with a replacement coverage of not less than $1,000,000 in respect to injury or death to a single personninety percent (90%), and with regard to liability insurance, insuring both Landlord and Tenant against all claims, demands, or actions arising out of or in connection with Tenant’s use or occupancy of the limit Premises, or by the condition of not less than $2,000,000 in respect to any one accidentthe Premises, fire legal liability, and to the limit of not less than $250,000 in respect to property damage or a combined single limit policy not less than $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance medical payment coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 an insurance companies with a general policy holder's rating of not less than A and a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and company qualified to do business in the state of UtahColorado. The policies Coverage shall be written on an occurrence basis., and such insurance will be on a commercial general liability form including, without limitation, personal injury and contractual liability for the foregoing insurance performance by Tenant of the indemnity agreements set forth in this Lease and shall contain the following minimum limits of liability: One Million and 00/100 Dollars ($1,000,000.00) for injury (or death) to any person, One Million and 00/100 Dollars ($1,000,000.00) for injury (or death) to any two or more persons, and Five Hundred Thousand and 00/100 Dollars ($500,000.00) with respect to property damage. All such policies shall name Landlord and the property manager (if any) as additional insureds, and shall provide that the proceeds thereof shall same may not be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy canceled or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given altered 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 copies of such policies, or duly executed certificate(s) of such insurance, along with all corresponding endorsements, to Landlord upon the Commencement Date of the Lease term and at least thirty (30) days prior to any cancellation or alteration annual renewal date thereof. Such One Million Dollar ($1,000,000.00) limit may be increased from time to time in the reasonable discretion of any policy, except ten (10) business days written notice for non-payment of premiumLandlord. To the extent that If Tenant fails should fail to provide comply with the foregoing requirement relating to insurance, either hazard or liability, Landlord may obtain such insurance and Tenant shall be responsible pay to LandlordLandlord on demand as Additional Rent hereunder the premium cost thereof plus interest at the maximum contractual rate (but in no event to exceed 1½% per month) from the date of payment by Landlord until repaid by Tenant.
(d) Each party shall include in each of its policies insuring against loss, as his interest appearsdamage, for such damage that would have been insured or destruction by said policies but for Tenant's failure to obtain such insurancefire or other casualty a waiver of the insurer’s right of subrogation against the other party.
Appears in 1 contract
Tenant’s Insurance. The Tenant shall, shall purchase and maintain in force during the entire Term and any renewal term the following insurance coverage satisfactory to the HRRA:
(a) during any periods of this Leaseconstruction upon the Subleased Premises, at the Tenant's sole cost and expense, but for the mutual benefit property insurance in an amount not less than One Hundred (100%) Percent of the Landlord and Tenantreplacement value of the improvements upon the Subleased Premises, maintain providing coverage by way of a "builder's all risk" policy, such policy to be satisfactory to the HRRA acting reasonably;
(b) comprehensive general public liability insurance against against, among other things, claims for personal injury, death death, property damage, or property damage occurring third party or public liability claims arising from any one accident or occurrence upon, in or about the entire property described on Exhibit "B" attached hereto Subleased Premises of and on, in or about the adjoining streets and passageways, such insurance from any cause to afford protection to the limit an amount of not less than Dollars SELECT ONE: Two Million ($1,000,000 2,000,000.00)/Five Million ($5,000,000.00) )] from time to time such greater amounts as are sufficient, as determined from time to time by the HRRA acting reasonably, to afford equivalent protection against all such claims) in respect of any one accident or occurrence; such general liability insurance coverage to injury be satisfactory to the HRRA acting reasonably;
(c) broad form comprehensive boiler and machinery insurance on a blanket repair and replacement basis with limits for each accident in an amount not less than the full replacement costs of all property owned by the Tenant and located in or death upon the Subleased Premises; and
(d) from and after completion of construction, property insurance on the Subleased Premises and all fixtures and improvements within the Subleased Premises from loss or damage caused by:
(i) fire and other perils as may from time to time be included in fire insurance policies generally available to owners of commercial premises in the Province of Alberta; and
(ii) risks normally insured against by owners of premises in the Province of Alberta for a single persondevelopment of the size, construction, location and use similar to the Project. Such insurance shall be for the full replacement value of the Project and all fixtures and improvements within the Subleased Premises, and to be satisfactory to the limit HRRA acting reasonably. Each insurance policy referred to in this Section 10.1 shall name the Landlord and the HRRA and any person, firm or corporation designated by the HRRA as additional insureds or loss payees, as applicable, and as their interest may appear and such policies will contain:
(a) a waiver of any subrogation rights which the Tenant’s insurers may have against the Landlord and the HRRA;
(b) a severability of interests clause or a cross liability clause;
(c) a clause stating that the Tenant’s insurance policy will be considered as the primary insurance and shall not call into contribution any other insurance that may be available to the HRRA or the Landlord; and
(d) an undertaking by the insurers to notify the HRRA in writing of any cancellation of any policy, not less than $2,000,000 in respect to any one accident, and Thirty (30) Days prior to the limit of not less than $250,000 in respect to property damage or a combined single limit policy not less than $2,000,000 per occurrencecancellation thereof. All policies shall name Landlord be taken out with insurers and shall be in a form acceptable to the mortgagee HRRA acting reasonably. The Tenant agrees that certificates of insurance acceptable to the HRRA or if required by the HRRA, certified copies of each such insurance policy, will be delivered to the HRRA as soon as practicable after the placing of the property as an additional named insuredrequired insuranceon or before the Commencement Date and thereafter, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to annually thorough the extent Term on the anniversary of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of insurance may be reasonably required to cover future risks against which a prudent Tenant would protect itselfCommencement Date. All policies shall contain an undertaking by the insurers to notify the HRRA in writing, of insurance provided for herein shall be issued by insurance companies with a general policy holder's rating any material change, cancellation or termination of any provision of any policy, not less than A and a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any the material change, cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premiumtermination thereof. To the extent that Tenant fails to provide the foregoing insurance, either hazard or liability, Tenant Lessees shall be responsible to Landlord, as his interest appears, for such damage that would have been insured by said policies but for Tenant's failure to obtain such insurance.carry $2,000,000.00 Commercial Lessees shall carry $5,000,000.00
Appears in 1 contract
Samples: Sublease Agreement
Tenant’s Insurance. The Tenant shall, during shall carry and maintain the entire term of this Leasefollowing insurance ("Tenant's Insurance"), at the Tenant's its sole cost and expense: (a) Commercial General Liability Insurance applicable to the Premises and its appurtenances providing, but for on an occurrence basis, a minimum combined single limit as required by the mutual benefit Development Agreement and as further qualified in Section 1(b)(i) of the Co-Operating Agreement (and provided, further, that if Tenant applies for a waiver from the City of Lynwood regarding compliance with the insurance policy limit requirements set forth in the Development Agreement as further qualified by the Co-Operating Agreement, Tenant first must provide reasonable prior notice to Landlord of such request), including Blanket Contractual Liability, Fire Legal Liability and such other coverages in such amounts as Landlord reasonably may require; (b) All Risk/Special Form Property/Business Interruption Insurance (covering interruption for at least 12 months), including plate glass, written at replacement costs value and with a replacement cost endorsement covering (x) all of Tenant's trade fixtures, maintain general public liability insurance against claims for equipment, furniture and other personal injuryproperty within the Premises ("Tenant's Property") and (y) if applicable, death or property damage occurring uponTenant alterations; (c) Workers' Compensation Insurance as required by the State of California and in amounts as may be required by applicable statute; (d) Employers Liability Coverage of at least Five Hundred Thousand Dollars ($500,000.00) per occurrence; (e) Business Auto Liability covering owned, in or about the entire property described on Exhibit "B" attached hereto non-owned and on, in or about the adjoining streets and passageways, such insurance to afford protection to the hired vehicles with a limit of not less than $1,000,000 in respect to injury or death to a single person, per accident; and to the limit of 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 $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee (f) increased amounts of the property as an additional named insuredinsurance required to be carried by Tenant pursuant to this Section 8.03 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant's operations therein, as their interest may appearbe reasonably requested by Landlord in connection with the Permitted Use. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all Any company writing any of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may Insurance shall have in or on or about the Demised Premises. Other forms of 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 A.M. Best rating of not less than A A-VIII. All Commercial General Liability Insurance policies shall name Tenant as a named insured and a financial rating Landlord (or any successor), and its respective members, principals, beneficiaries, partners, officers, directors, employees, mortgagees and agents, and other designees of AAALandlord as the interest of such designees shall appear, as rated in additional insureds. Tenant shall increase the most current available "Bestlimits of coverage from time to time as Landlord may reasonably require. All policies of Tenant's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide contain endorsements that the proceeds thereof insurer(s) shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to give Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given its designees at least thirty (30) days days' advance written notice of any change, cancellation, termination or lapse of insurance. Tenant shall provide Landlord with a certificate of insurance evidencing Tenant's Insurance prior to the earlier to occur of the commencement of this Lease or the date Tenant is provided with possession of the Premises for any cancellation reason, and upon renewals at least fifteen (15) days prior to the expiration of the insurance coverage. If Tenant fails to procure such insurance, or alteration to deliver such policies or, if permitted, certificates, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any policynotice and cure periods set forth in Article XV, except procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as additional rent within ten (10) business days written notice for non-payment after delivery of premium. 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 damage that would have been insured by said policies but for Tenant's failure to obtain such insurancebills therefor.
Appears in 1 contract
Samples: Lease (Cannabis Global, Inc.)
Tenant’s Insurance. The Tenant shall, at its own expense, take out and keep in force during the entire term of this Lease, at Term and such other times as the Tenant's sole cost and expense, but for the mutual benefit Tenant is in occupation or possession of the Landlord and Tenant, maintain Premises or any part thereof:
(a) comprehensive insurance of the type commonly called general public liability insurance against claims liability, which shall include coverage for personal injury, broad blanket contractual liability, employer's liability, owner's protective liability, all risks Tenant's legal liability, non-owned automobile liability, bodily injury, death or and property damage occurring upondamage, in or about the entire property described all on Exhibit "B" attached hereto and on, in or about the adjoining streets and passageways, such insurance to afford protection an occurrence basis with respect to the limit business carried on in the Premises and the Tenant's use and occupancy of the Premises and its use of the Common Facilities or of any other part of the Building, with coverage for any one occurrence or claim of not less than $1,000,000 in respect 5,000,000 or such other amount as the Landlord may from time to injury or death to a single person, and to the limit of time reasonably require upon not less than $2,000,000 in respect to 30 days' notice at any one accidenttime during the Term, which insurance shall contain a severability of interest clause and a cross-liability clause;
(b) all-risks" property insurance covering the Leasehold Improvements and other items excluded from the definition of Leasehold Improvements, trade fixtures, and to the limit of not less than $250,000 furniture and equipment in respect to property damage or the Premises on a combined single limit policy not less than $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's propertybasis, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of with an agreed amount co-insurance may be reasonably required to cover future risks against clause and by-law endorsement and 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 a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the any proceeds thereof recoverable with respect 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 insured property if this Lease is not terminated pursuant to any other provisions hereof); and
(c) insurance against such other perils and in such amounts as the Landlord or any mortgagee of the Landlord or the Tenant and may from time to time reasonably require upon not less than 60 days' notice, such requirement to be made on the basis that the required insurance is customary at the time in the City of Ottawa for tenants of buildings similar to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. 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 damage that would have been insured by said policies but for Tenant's failure to obtain such insuranceBuilding.
Appears in 1 contract
Samples: Lease (E Cruiter Com Inc)
Tenant’s Insurance. The Tenant shallTenant, at its expense, shall maintain in force during the entire term of this LeaseTerm;
(A) Commercial general liability insurance, at the Tenant's sole cost and expense, but for the mutual benefit of the Landlord and Tenant, maintain general public liability insurance against claims which shall include coverage for personal liability, contractual liability, tenant's legal liability, business interruption, bodily injury, death or and property damage occurring upondamage, in or about all on an occurrence basis with respect to the entire property described on Exhibit "B" attached hereto and business carried on, in in, or about from the adjoining streets Premises and passagewaysTenant's use and occupancy of the Premises, such insurance to afford protection to the limit of not less than $1,000,000 in respect to with coverage for injury or death to a single person, and to the limit of any one person in an amount of not less than $2,000,000 in respect to and for injury or death of more than any one accident, and to the limit person in any one occurrence in an amount of not less than $250,000 in respect 5,000,000 and for damage to property damage or a combined single limit policy of not less than $2,000,000 per occurrence. All policies 500,000 or such other amounts as Landlord may reasonably require upon not less than sixty (60) days, prior written notice, which insurance shall name include Landlord, the Beneficiary, the Manager, or their respective agents and employees as named insureds and shall protect them in respect of claims by Tenant as if they separately insured; and
(B) Insurance against such other perils and in such amounts as Landlord and may from time to time reasonably require upon not less than thirty (30) days' prior written notice, such requirement to be made on the mortgagee basis that the required insurance is customary at the time for prudent tenants of properties similar to the property as an additional named insuredComplex in the Chicago, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance CompanyIllinois area. Tenant shall also provide have the right to maintain the required liability insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy blanket policy covering other business locations of Tenant in addition to the Premises; provided, however, that Tenant shall provide Landlord with a certificate of insurance specifically naming the location of the policy or other written verification Premises and naming Landlord as required in this Article, the limits of which coverage are to be in the amounts set forth in this Article. All insurance coverage required to be maintained by Tenant shall be on terms and with insurers reasonably acceptable to Landlord. Each policy shall contain an undertaking by the insurer that no material change adverse to Landlord or Tenant will be made, and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord policy will not lapse or be given canceled, except after not less than thirty (30) days days' prior written notice prior to any cancellation Landlord of the intended change, lapse or alteration of any policy, except ten (10) business days written notice for non-payment of premiumcancellation. To the extent that Tenant fails to provide the foregoing insurance, either hazard or liability, Tenant shall be responsible furnish to Landlord, if and whenever requested by it, certificates or other evidences acceptable to Landlord as his interest appearsto insurance from time to time effected by Tenant and its renewal or continuation in force. Landlord and Tenant each agree that neither Landlord, the Beneficiary, the Manager nor Tenant (nor their respective successors and assignees) will have any claim against the other for any loss, damage or injury which is covered by casualty insurance carried by either party and for which recovery from such damage insurer is made, notwithstanding the negligence of either party in causing the loss. This waiver shall (a) be valid only if the insurance policy in question expressly permits waiver of subrogation or if the insurer agrees in writing that would have been insured such waiver of subrogation will not affect coverage under said policy, and (b) exclude any claim brought by said policies but for Tenant's failure any third-party against either Tenant or Landlord which results from the breach or default by either party in the performance of its obligations under this Lease. Landlord agrees to obtain such insurancemaintain, throughout the Term of this Lease, property insurance at least equal to the full replacement cost of the Building (excluding foundations), the cost of which shall be includable in "Operating Expenses," as defined in section 22 below, or, in the alternative, Landlord may elect to self-insure against casualty risks to the Building.
Appears in 1 contract
Tenant’s Insurance. The Tenant shallTenant, at its expense, shall maintain at all ------------------ times during the entire term Term the following insurance policies: (a) fire insurance, including extended coverage, vandalism, malicious mischief, sprinkler leakage and water damage coverage and demolition and debris removal, insuring the full replacement cost of this Leaseall improvements, alterations or additions to the Premises made at the Tenant's sole cost and expense, but for and all other property owned or used by Tenant and located in the mutual benefit of the Landlord and TenantPremises; (b) commercial general liability insurance, maintain general public contractual liability insurance against claims and property damage insurance with respect to the Building and the Premises, with limits to be set by Landlord from time to time but in any event not less than $3,000,000.00 combined single limit for personal injury, sickness or death or for damage to or destruction of property damage occurring upon, for any one occurrence; and (c) insurance against such other risks and in or about the entire property described on Exhibit "B" attached hereto and on, in or about the adjoining streets and passageways, such other amounts as Landlord may from time to time reasonably require (provided that such insurance to afford protection and/or such amounts are commercially reasonable for commercial properties similar to the limit Building). The form of not less than $1,000,000 in respect all such policies and deductibles thereunder shall be subject to injury or death to a single person, and to the limit of 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 $2,000,000 per occurrenceLandlord's prior reasonable approval. All such policies shall be issued by insurers reasonably acceptable to Landlord and licensed to do business in the State in which the Premises are located and shall contain a waiver of any rights of subrogation thereunder. In addition, the policies shall name Landlord and the mortgagee of the property any other parties designated by Landlord as an additional named insuredinsureds, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given require at least thirty (30) days days' prior written notice to Landlord and such other parties designated by Landlord of termination or modification and shall be primary and not contributory. Tenant shall at least fifteen (15) days prior to any cancellation or alteration the Commencement Date, and within fifteen (15) days prior to the expiration of any each such policy, except ten (10) business days written notice for non-payment of premium. To the extent that Tenant fails deliver to provide Landlord certificates evidencing the foregoing insurance, either hazard insurance or liability, Tenant shall be responsible to Landlordrenewal thereof, as his interest appears, for such damage that would have been insured by said policies but for Tenant's failure to obtain such insurancethe case may be.
Appears in 1 contract
Samples: Lease (Unifi Communications Inc)
Tenant’s Insurance. The Tenant shall, during the entire term Term of this Lease, at the Tenant's its sole cost and expense, obtain, maintain, and keep in full force and effect the following types of insurance:
(a) Fire and extended coverage insurance, including endorsements for vandalism, malicious mischief, theft, sprinkler leakage, covering all of Tenant 's property, including, but not limited to, furniture, fittings, installations, alterations, additions, partitions, fixtures, and anything in the nature of an added leasehold improvement in an amount equal to the full replacement cost of such property without deduction for depreciation. In the mutual benefit event that there shall be a dispute as to the amount which comprises full replacement cost, the decision of the Landlord shall be conclusive;
(b) Public liability insurance, including bodily injury and Tenantproperty damage, maintain general public liability insurance against claims for personal injury, death contractual liability with respect to all claims, demands, or property damage occurring uponactions by any person, firm, corporation, in any way arising from, related to, or about connected with the entire property described conduct and operation of Tenant's business in the Premises or tenant's use of the Premises. Such policies shall be written on Exhibit "B" attached hereto and ona comprehensive basis, in or about the adjoining streets and passageways, such insurance to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single person, and to the limit of with limits not less than $2,000,000 in respect and such higher limits as Landlord or the mortgagees of Landlord may require from time 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 $2,000,000 per occurrencetime. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 taken out with a general policy holder's rating of not less than A and a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage insurers acceptable to Landlord and in a form satisfactory from time to time to Land lord which consent shall not be unreasonably withheld. Tenant agrees that certificates of insurance or, if required by Landlord or the lending institution for mortgagees of Landlord, certified copies of each such insurance policy will be delivered to Landlord as soon as practicable after the Demised placing of the required insurance, but in no event later than ten ( I0) days after Tenant takes possession of all or any part of the Premises. Such insurance All policies shall provide require that Landlord be given thirty at least ten (30I0) days days' prior written notice be delivered to Landlord by the insurer prior to any cancellation termination, cancellation, or alteration material change in such insurance. Tenant agrees that in the event of any policy, except ten (10) business days written notice for non-payment of premium. To damage or destruction to the extent that leasehold improvements in the Premises covered by insurance required to be taken out by Tenant fails pursuant to provide the foregoing insurance, either hazard or liabilitythis Section, Tenant shall be responsible use the 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 to terminate this Lease pursuant to Section 18 hereof, then, if the Premises have also been damaged, Tenant will pay to Landlord all of its insurance proceeds relating to the leasehold improvements in the Leased Premises, and if the Premises have not been damaged, Tenant will deliver to Landlord, as his interest appearsin accordance with the provisions of this Lease, for such damage that would have been insured by said policies but for Tenant's failure to obtain such insurancethe leasehold improvements and the Premises.
Appears in 1 contract
Samples: Standard Building Lease (Bourbon Brothers Holding Corp)
Tenant’s Insurance. The Tenant shall, during the entire term Term of this Lease, at the Tenant's its sole cost and expense, but for the mutual benefit of the Landlord and Tenantobtain, maintain general public liability 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 on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single personmaintain, and to keep in full force and effect the limit following types of not less than $2,000,000 in respect to any one accidentinsurance:
(a) Fire and extended coverage insurance, and to the limit of not less than $250,000 in respect to property damage or a combined single limit policy not less than $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insuredincluding endorsements for vandalism, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value malicious mischief, theft, sprinkler leakage, covering all of Tenant's property, including, but not limited to, furniture, fittings, installations, alterations, additions, partitions, fixtures, equipmentand anything in the nature of an added leasehold improvement in an amount equal to the full 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, toolsthe decision of Landlord shall be conclusive;
(b) Public liability insurance, improvementsincluding bodily injury and property damage, stockpersonal injury, goodscontractual liability with respect to all claims, wares demands, or merchandiseactions by any person, that it may have firm, corporation, in any way arising from, related to, or on connected with the conduct and operation of Tenant's business in the Premises or about Tenant's use of the Demised Premises. Other forms Such policies shall be written on a comprehensive basis, with limits not less than $1,000,000, and such higher limits as Landlord or the mortgagees of insurance Landlord may be reasonably required require from time to cover future risks against which a prudent Tenant would protect itselftime. All policies of insurance provided for herein shall be issued by insurance companies taken out with a general policy holder's rating of not less than A and a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage insurers acceptable to Landlord and in a form satisfactory from time to time to Landlord which consent shall not be unreasonably withheld. Tenant agrees that certificates of insurance or, if required by Landlord or the lending institution for mortgagees of Landlord, certified copies of each such insurance policy will be delivered to Landlord as soon as practicable after the Demised placing of the required insurance, but in no event later than fifteen (15) days after Tenant takes possession of all or any part of the Leased Premises. Such insurance All policies shall provide require that Landlord be given thirty at least fifteen (3015) days days' prior written notice be delivered to Landlord by the insurer prior to any cancellation termination, cancellation, or alteration material change in such insurance. Tenant agrees that in the event of any policy, except ten (10) business days written notice for non-payment of premium. To damage or destruction to the extent that leasehold improvements in the Leased Premises covered by insurance required to be taken out by Tenant fails pursuant to provide the foregoing insurance, either hazard or liabilitythis Section, Tenant shall be responsible use the proceeds of such insurance for the purpose of repairing or restoring such leasehold improvements. In the event of damage or destruction of the Building entitling the Landlord to terminate this Lease pursuant to Section 18 hereof, then, if the Leased Premises have also been damaged, Tenant will pay to Landlord all of its insurance proceeds relating to the leasehold improvements in the Leased Premises, and if the Leased Premises have not been damaged, Tenant will deliver to Landlord, as his interest appearsin accordance with the provisions of this Lease, for such damage that would have been insured by said policies but for Tenant's failure to obtain such insurancethe leasehold improvements and the Leased Premises.
Appears in 1 contract
Samples: Standard Building Lease (Integrated Information Systems Inc)
Tenant’s Insurance. The Tenant shall, during shall provide on or before the entire term of this Lease, at the Tenant's sole cost and expense, but Commencement Date for the mutual benefit of the Landlord and Tenant, maintain general public Tenant a comprehensive policy of liability insurance insuring Landlord and Tenant against claims 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, death or property damage occurring uponincluding death, in or about the entire property described on Exhibit "B" attached hereto and onrespect of any one person, in or about the adjoining streets respect of any one occurrence, and passageways, such insurance to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single person, and to the limit of 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 $2,000,000 per occurrencedamage. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of Such insurance may be reasonably required to cover future risks against which carried under a prudent Tenant would protect itselfblanket policy covering other locations of Tenant, if any. All policies of insurance provided for herein Landlord shall be issued a named insured under such policy. Prior to the time such insurance is first required by insurance companies with a general policy holder's rating of not less than A and a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reportsthis Article XXVI to be carried by Tenant, and qualified thereafter, at least fifteen (15) days prior to do business in the state expiration of Utah. The policies for any such policy, Tenant agrees to deliver to Landlord either a duplicate original of the foregoing insurance aforesaid policy or a certificate evidencing such insurance, which policy or certificate shall provide that the proceeds thereof shall such insurance may not be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given cancelled except upon thirty (30) days written 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 cancellation 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 alteration by law for the collection of rent. Payment by Landlord of such premium or the carrying by Landlord of any policy, except ten (10) business days written notice for non-payment such policy shall not be deemed to waive or release the default of premiumTenant with respect thereto. 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 damage that would have been insured by said policies but for Tenant's failure to obtain such insuranceprovide and keep in force the aforementioned insurance shall be regarded as an Event of Default hereunder entitling Landlord to exercise any or all of the remedies as provided in this Lease.
Appears in 1 contract
Tenant’s Insurance. The Tenant shall, during the 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 a. All 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 on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single person, and to the limit of 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 $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of insurance may be reasonably required to cover future risks against which a prudent be carried by Tenant would protect itself. All policies of insurance provided for herein hereunder shall be issued by responsible insurance companies with a general policy holder's minimum rating of not less than A and a financial rating of AAA, as rated in the most current available by "Best's GuideKey Rating Guide of A: XII" Insurance Reports, and qualified to do business in the state State. Each policy shall name Xxxxxxxx, and at Xxxxxxxx's request any mortgagee of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as an additional insured, as their respective interests may appear. Said required Tenant insurance Each policy shall contain (i) a cross-liability endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be verified 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 insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by an insurance carrier in the form reason of either a certified 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 or other written verification of insurance coverage acceptable required hereunder shall be delivered to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given 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 prior to any cancellation Landlord and Landlord's lender. Tenant shall furnish Landlord with renewals or alteration "binders" of any policy, except such policy at least ten (10) business days written notice for non-payment of premiumprior to the expiration thereof. To Tenant agrees that if Xxxxxx does not take out and maintain such insurance, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge the extent that Tenant fails the premiums, payable upon demand. Tenant shall have the right to provide such insurance coverage pursuant to blanket policies obtained by the foregoing insuranceTenant, either hazard or liabilityprovided such blanket policies expressly afford coverage to the Premises, Landlord, Xxxxxxxx'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 responsible 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 with 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.
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 his interest appearsrequired by law and comprehensive public liability and property damage insurance with respect to the construction of improvements on the Premises, the use, operation or condition of the Premises and the operations of Tenant in, on or about the Premises, providing personal injury and broad form property damage coverage for such not less than One Million Dollars ($1,000,000.00) combined single limit for bodily injury, death and property damage that would have been insured by said policies but for liability.
d. Not less than every three (3) years during the Term, Landlord and Tenant shall mutually agree to increases in all of Tenant's failure insurance policy limits for all insurance to obtain such insurancebe carried by Tenant as set forth in this Article. In the event Landlord and Xxxxxx cannot mutually agree upon the amounts of said increases, then Xxxxxx 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 adjustment of the Base Rent.
Appears in 1 contract
Samples: Multi Tenant Office R&d Building Lease (Protein Polymer Technologies Inc)
Tenant’s Insurance. The Tenant shallshall maintain the following coverages in the following amounts:
(a) Commercial General Liability insurance covering claims of bodily injury, during personal injury, and property damage arising out of Tenant’s operations and contractual liabilities, including coverage formerly known as broad form, on an occurrence basis, with minimum primary limits of $1,000,000 each occurrence and $2,000,000 annual aggregate and a minimum excess/umbrella limit of $5,000,000.
(b) Property insurance covering (i) all office furniture, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s property in the entire term Leased Premises installed by, for, or at the expense of Tenant (“Tenant’s Property”), and (ii) any Tenant Improvements (“Tenant-Insured Improvements”), together with business interruption insurance covering periods of not less than one (1) year in the following amounts: (i) for the first twelve (12) months of the Term an amount equal to 1 1⁄2 times the Gross Rent ; and (ii) for each succeeding twelve-(12)-month period, in amounts not less than the Gross Rent and Tenant’s other operating expenses for the preceding twelve-(12)-month period, provided that Tenant may, at its option, elect not to maintain business interruption coverage, provided that if Tenant does not maintain such coverage, any loss or damage to Tenant which would have been covered by such business interruption coverage shall be deemed, for the purposes of this Lease, at the Tenant's sole cost and expenseto be covered by insurance. Such insurance shall be written on a special cause of loss form (or its then comparable equivalent) for physical loss or damage, but for the mutual benefit full replacement cost value (subject to reasonable deductible amounts) without deduction for depreciation of the Landlord covered items and Tenantin amounts that meet any co-insurance clauses of the policies of insurance, maintain general public liability and shall include coverage for damage or other loss caused by fire or other peril, including vandalism and malicious mischief, theft, water damage of any type, including sprinkler leakage, bursting or stoppage of pipes, and explosion, and providing business interruption coverage for a period of one year.
(c) Worker’s Compensation and Employer’s Liability or other similar insurance against claims for personal injuryto the extent required by Law. If alcoholic beverages are sold, death used, delivered or property damage occurring upon, in or about the entire property described on Exhibit "B" attached hereto and stored on, in or about from the adjoining streets and passageways, such insurance to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single personLeased Premises, and to such alcoholic beverages shall only be sold, used, delivered or stored if Tenant’s Permitted Use expressly so allows, Tenant shall maintain throughout the limit Term at its expense, liquor liability insurance or dram shop liability insurance (as applicable) (“Dram Shop Insurance”) with combined single limits of not less than $2,000,000 in respect to per occurrence covering any one accident, and claims relating to the limit manufacture, storage, sale, use or giving away of not less than $250,000 in respect any alcoholic or other intoxicating liquor or beverage, which claims could be asserted against Landlord, Tenant or the Leased Premises.
(d) The minimum limits of insurance required to property damage or a combined single limit policy not less than $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. carried by Tenant shall also provide not limit Tenant’s liability. Such insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 (i) be issued by an insurance companies with a general policy holder's company that has an A.M. Best rating of not less than A A-VIII; (ii) be in form and content consistent with the requirements of this Lease and reasonably acceptable to Landlord; (iii) may be maintained as part of a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reportsblanket policy insuring Tenant and its affiliates at other locations, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall (iv) provide that the proceeds thereof insurer shall be payable endeavor to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable provide to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written days’ prior notice prior to any cancellation or alteration of any policymodification or cancellation, except that ten (10) business days written days’ prior notice for may be given in the case of nonpayment of premiums. Tenant’s Commercial General Liability Insurance shall (a) name Landlord, Landlord’s managing agent, and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (b) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and non-payment contributing with Tenant’s insurance. Tenant shall be responsible for repairing or restoring the Leased Premises as provided in Section 5.07 and shall designate Landlord as a loss payee with respect to Tenant’s property insurance on any Tenant-Insured Improvements. Tenant shall deliver to Landlord, on or before the Term Commencement Date and at least fifteen (15) days before the expiration dates thereof, certificates from Tenant’s insurance company on the forms currently designated “XXXXX 28” (Evidence of premiumCommercial Property Insurance) and “XXXXX 25-S” (Certificate of Liability Insurance) or the equivalent. To Attached to the extent XXXXX 25-S (or equivalent) there shall be an endorsement naming the Additional Insured Parties as additional insureds which shall be binding on Tenant’s insurance company and shall expressly require the insurance company to endeavor to provide Landlord and each Additional Insured Party at least thirty (30) days’ prior notice of modification or cancellation, except that ten (10) days’ prior notice may be given in the case of nonpayment of premiums. Upon Landlord’s request, Tenant shall deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 5.03(a) showing that the Additional Insured Parties are named as additional insureds.
(e) Tenant shall maintain such increased amounts of the insurance required to be carried by Tenant under this Section 5.03, and such other types and amounts of insurance covering the Leased Premises and Tenant’s operations therein, as may be reasonably requested by Landlord, but not in excess of the amounts and types of insurance then being required by landlords of buildings comparable to and in the vicinity of the Building. In the event that Tenant fails to timely provide the foregoing insuranceevidence of insurance required to be provided by Tenant hereunder and such failure continues for five (5) business days after Landlord’s written notice to Tenant, either hazard or liability, Tenant Landlord shall be responsible authorized (but not required) to Landlordprocure such coverage in the amounts stated with all costs thereof to be chargeable to Tenant as Additional Rent, as his interest appears, for such damage that would have been insured and payable by said policies but for Tenant's failure to obtain such insuranceTenant upon receipt of written invoice thereof.
Appears in 1 contract
Samples: Lease (NewStar Financial, Inc.)
Tenant’s Insurance. The Tenant shallshall maintain insurance as follows, during with such other terms, coverages and insurers, as Landlord shall reasonably require from time to time:
(a) Commercial General Liability Insurance, with (a) contractual liability coverage including the entire term of insurable indemnification provisions contained in this Lease, at (b) a severability of interest endorsement, (c) limits of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence and not less than Two Million Dollars ($2,000,000) in the aggregate for bodily injury, sickness or death, and property damage, and umbrella coverage of not less than Five Million Dollars ($5,000,000).
(b) Property Insurance against “All Risks” of physical loss covering the replacement cost of all improvements, fixtures and personal property.
(c) Workers’ compensation or similar insurance in form and amounts required by law, and Employer’s Liability with not less than the following limits: Each Accident $ 500,000 Disease—Policy Limit $ 500,000 Disease—Each Employee $ 500,000 Such insurance shall contain a waiver of subrogation provision in favor of Landlord and its agents. Tenant's sole cost ’s insurance shall be primary and expensenot contributory to that carried by Landlord, but for its agents, or mortgagee. Landlord, and if any, Landlord’s building manager or agent and ground lessor shall be named as additional insureds with respect to the mutual benefit insurance required of the Tenant in Section 9.3(a). The company or companies writing any insurance which Tenant is required to maintain under this Lease, as well as the form of such insurance, shall at all times be subject to Landlord’s approval, and any such company shall be licensed to do business in the state in which the Building is located. Such insurance companies shall have a current A.M. Best rating of A / VI or better. Tenant shall cause any contractor of Tenant performing work on the Premises to maintain insurance as follows, with such other terms, coverages and insurers, as Landlord shall reasonably require from time to time:
i. Commercial General Liability Insurance, including contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement, and Tenantcontractor’s protective liability coverage, maintain general public liability insurance against claims to afford protection with limits, for each occurrence, of not less than One Million Dollars ($1,000,000) with respect to personal injury, death or property damage occurring upondamage.
ii. Workers’ compensation or similar insurance in form and amounts required by law, in or about the entire property described on Exhibit "B" attached hereto and on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit of Employer’s Liability with not less than $1,000,000 the following limits: Each Accident $ 500,000 Disease—Policy Limit $ 500,000 Disease—Each Employee $ 500,000 Such insurance shall contain a waiver of subrogation provision in respect favor of Landlord and its agents. Tenant’s contractor’s insurance shall be primary and not contributory to injury that carried by Tenant, Landlord, their agents or death to a single personmortgagees. Tenant and Landlord, and to the limit of not less than $2,000,000 in respect to any one accidentif any, and to the limit of not less than $250,000 in respect to property damage Landlord’s building manager or a combined single limit policy not less than $2,000,000 per occurrence. All policies shall name Landlord and the agent, mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee or ground lessor shall be State Farm Life Insurance Company. Tenant shall also provide named as additional insured on Tenant’s contractor’s insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. 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 damage that would have been insured by said policies but for Tenant's failure to obtain such insurancepolicies.
Appears in 1 contract
Tenant’s Insurance. The Tenant shall, during the 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 A. All 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 on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single person, and to the limit of 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 $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of insurance may be reasonably required to cover future risks against which a prudent be carried by Tenant would protect itself. All policies of insurance provided for herein hereunder shall be issued by responsible insurance companies with a general policy holderacceptable to Landlord and Landlord's rating of not less than A and a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, lender and qualified to do business in the state State and rated in "Best's Key Rating Guide" at A:IX or better. Each policy shall name Landlord, and at Landlord's request any mortgagee of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as an additional insured, as their respective interests may appear. Said required Tenant insurance Each policy shall contain (i) a cross-liability endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be verified 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 insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by an insurance carrier reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A certificate (in the form of either a certified copy Exhibit G) of the insurer evidencing the existence and amount of each insurance policy or other written verification of insurance coverage acceptable required hereunder shall be delivered to Landlord and before the lending institution for date Tenant is first given the Demised right of possession of the Premises. Such Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. The certificate shall provide state that Landlord no such policy shall be given cancelable except after thirty (30) days written notice to Landlord and Landlords lender. Tenant shall furnish Landlord with renewals certificates for any such policy at least thirty (30) days prior to any cancellation or alteration 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 handling charge of any policytwenty-five percent (25%) of the premium , except ten (10) business days written notice for non-payment of premiumpayable upon demand. To Tenant shall have the extent that Tenant fails right to provide such insurance coverage pursuant to blanket policies obtained by the foregoing insuranceTenant, either hazard or liabilityprovided such blanket policies expressly afford coverage to the Premises, Tenant shall be responsible to Landlord, Landlord's mortgagee and Tenant as his interest appears, for such damage that would have been insured required by said policies but for Tenant's failure to obtain such insurancethis Lease.
Appears in 1 contract
Samples: Office R&d Lease (Protein Polymer Technologies Inc)
Tenant’s Insurance. The Tenant shallshall maintain insurance as follows, during with such other terms, coverages and insurers, as Landlord shall reasonably require from time to time to the entire term of extent commercially insurable:
(1) Commercial General Liability Insurance, with (a) Contractual Liability including the indemnification provisions contained in this Lease, at the Tenant's sole cost (b) a severability of interest endorsement, and expense, but for the mutual benefit of the Landlord and Tenant, maintain general public liability 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 on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit (c) limits of not less than Two Million Dollars ($1,000,000 in respect to injury or death to a 2,000,000) combined single person, limit per occurrence and to the limit of not less than Five Million Dollars ($2,000,000 5,000,000) in respect to any one accidentthe aggregate for bodily injury, sickness or death, and property damage. Landlord shall have the right upon notice to Tenant not more than one time every five years to require Tenant to increase the limits of its liability policy to approximate the rate of inflation and maintain the relative value of the insurance coverage.
(2) Commercial Property Insurance insuring against "All Risks" of direct physical loss covering loss of rents and the full replacement cost of the Building and other structures or components on the Premises and all of Tenant"s improvements, fixtures and personal property (including all Scheduled Personal Property or replacements thereof) with such terms, coverages and conditions as would be maintained by prudent owners of premises similar to the limit Premises. Tenant waives all rights of subrogation against Landlord, and Tenant"s property insurance shall include a waiver of subrogation in favor of Landlord.
(3) Workers" compensation or similar insurance in form and amounts required by law, and Employer"s Liability with not less than the following limits: Each Accident $250,000 500,000 Disease--Policy Limit $500,000 Disease--Each Employee $500,000 Such insurance shall contain a waiver of subrogation provision in respect favor of Landlord and its agents. If Landlord elects to property damage or a combined single limit policy not less than $2,000,000 per occurrence. All obtain separate coverage such policies shall name Landlord contain a similar clause in favor of Tenant. Tenant"s insurance shall be primary and the not contributory to that carried by Landlord, its agents, or mortgagee. Landlord, and if any, Landlord"s building manager or agent and mortgagee or ground lessor shall be named as additional insureds as respects to insurance required of the property as an additional named insuredTenant in Sections 7C(1), 7C(2) and 7C(3). The company or companies writing any insurance which Tenant is required to maintain under this Lease, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 a financial rating of AAA, well as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior to any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. To the extent that Tenant fails to provide the foregoing such insurance, either hazard or liabilityshall at all times be subject to Landlord"s approval, Tenant and any such company shall be responsible licensed to Landlord, as his interest appears, for such damage that would have been insured by said policies but for Tenant's failure to obtain such insurance.do
Appears in 1 contract
Samples: Lease Agreement (Uici)
Tenant’s Insurance. The During the Lease Term, Tenant shall, during the entire term of this Leaseshall obtain and maintain, at the Tenant's sole cost and expense, but the insurance coverage described below:
(a) Tenant shall obtain and keep in force and effect during the Lease Term a policy or policies of all risk property insurance covering loss or damage to the Premises, for its full insurable value, as determined by Landlord and/or Landlord's Mortgagee, providing protection against all perils included within the mutual benefit classification of fire and extended coverage, vandalism, flood insurance, malicious mischief, all risk coverage, boiler and machinery and sprinkler leakage coverage, along with rental loss coverage of twelve (12) months of coverage. Such policy shall also include a replacement cost coverage endorsement and must meet all co-insurance requirements of the insured. The insurance policy will also provide for payment for loss to Landlord and and/or Landlord's Mortgagee (or both) .
(b) Tenant, at its expense, shall maintain general public during the Lease Term: all risk property insurance covering the full replacement cost of all property and improvements installed or placed in the Premises by Tenant at Tenant's expense; worker's compensation insurance with not less than the minimum limits required by law (with a waiver of subrogation endorsement in favor of Landlord); employer's liability insurance against claims with such limits as required by law; and commercial general liability insurance, with a minimum limit of $2,000,000 per occurrence and a minimum umbrella limit of $3,000,000, for personal injurya total minimum combined general liability and umbrella limit of $5,000,000 for property damage, death bodily injuries, or property damage deaths of persons occurring upon, in or about the entire property described Premises. Landlord, on Exhibit "B" attached hereto and onits own initiative or upon the request of Landlord's Mortgagee, may from time to time require reasonable increases in or about the adjoining streets and passageways, any such insurance to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single person, and to the limit of 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 $2,000,000 per occurrencelimits. All The commercial general liability policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's propertyissued on an occurrence and not a claims-made basis, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of 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 a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified which are reasonably acceptable to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall not be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given cancelable unless thirty (30) days days' prior written notice prior to any cancellation or alteration of any policy, except ten (10) business days written notice for non-payment of premium. To the extent that Tenant fails to provide the foregoing insurance, either hazard or liability, Tenant shall be responsible has been given to Landlord, as his interest appears, for such damage that would have been insured by said policies but for contain a contractual liability endorsement and a waiver of subrogation endorsement in favor of Landlord and provide primary coverage to Landlord (any policy issued to Landlord providing duplicate or similar coverage shall be excess and secondary over Tenant's failure policies). Tenant thereof shall deliver such policies or certificates to obtain such Landlord by Tenant upon commencement of the Lease Term and upon each renewal of the insurance.
Appears in 1 contract
Samples: Triple Net Lease (CUI Global, Inc.)
Tenant’s Insurance. The During the Term, the Tenant shall, during the entire term of this Lease, shall take out and maintain at the Tenant's sole cost and its own expense, but for the mutual benefit of the Landlord and Tenant, maintain general :
(a) public liability and property damage insurance against claims for including personal injury, death or property damage occurring upon, in or about the entire property described on Exhibit "B" attached hereto contractual and on, in or about the adjoining streets non-owned automobile liabilities and passageways, such owners’ and contractors’ protective insurance to afford protection coverage with respect to the limit Premises and the Tenant’s use of the Common Areas and facilities, coverage to include the activities and operations conducted by the Tenant and any other person on the Premises, and by the Tenant and any other person performing work on behalf of the Tenant and those for whom the Tenant is in law responsible in any other part of the Office Component. Such policies shall be written on a comprehensive basis with inclusive limits of not less than $1,000,000 in respect to injury 5,000,000.00 for any one occurrence or death to such higher limits as the Landlord shall reasonably require. All such policies must contain a single personseverability of interest clause and a cross liability clause, and shall be primary and shall not call into contribution any other insurance available to the limit of not less than $2,000,000 in respect to Landlord or 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 $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the Lands;
(b) insurance upon property as an additional named insuredof every description and kind owned by the Tenant, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. or for which the Tenant shall also provide insurance coverage is legally liable with in the Premises, or installed by or on behalf of the Tenant within the Office Component, including, but not limited to furniture, fittings, alterations, partitions, floor coverings, fixtures and anything in the extent nature of a leasehold improvement, in the amount of the full replacement value covering cost thereof, with coverage against all risks including water damage from any cause whatsoever, and collapse;
(c) insurance for replacement of Tenant's propertyall glass in the Premises for any damage howsoever caused;
(d) insurance for all damages sustained due to burglary of the Premises;
(e) business interruption insurance in such amounts as will reimburse the Tenant for direct or indirect loss of earnings attributable to all perils commonly insured against by prudent tenants including, fixturesbut not limited to, equipment, tools, improvements, stock, goods, wares prevention of access to the Premises as a result of perils insured against under this Lease and the disruption in the supply of Utilities and other essential services to the Premises or merchandise, that it may have in or on or about the Demised Premises. Other forms Office Component; and
(f) any other form of insurance may be reasonably required to cover future risks that the Tenant, or the Landlord, acting reasonably, requires in amounts and for insurance risk against which a prudent Tenant tenant would protect itselfinsure. All policies of Policies for fire and liability insurance provided for herein shall be issued by insurance companies in a form and with a general policy holder's rating of not less than A and a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof shall be payable to the Tenant and an insurer acceptable to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage acting reasonably, shall be verified to the Landlord by an insurance carrier in the form of either a certified copy of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given require at least thirty (30) days days’ written notice prior to any cancellation the Landlord of termination or material alteration of the policy during the Term and shall waive any policyright of subrogation against the Landlord, except ten (10) business days written notice for non-payment its agent and mortgagee, and cause the Landlord, its agent and mortgagee to be named as an additional insured in such policies of premiuminsurance. To If requested by the extent that Tenant fails to provide Landlord, the foregoing insurance, either hazard or liability, Tenant shall be responsible from time to time promptly deliver to the Landlord, as his interest appearscertified copies or other evidence of such policies, for such damage and evidence satisfactory to the Landlord that would all premiums thereon have been insured by said paid and the policies but for Tenant's failure to obtain such insuranceare in full force and effect.
Appears in 1 contract
Samples: Office Lease (Lululemon Corp.)
Tenant’s Insurance. The Tenant shall, shall take out and keep in force during the entire term of this Lease, at the Tenant's sole cost and expense, but for the mutual benefit of the Landlord and Tenant, maintain Term:
(a) comprehensive general public liability insurance against claims for personal (including bodily injury, death or and property damage occurring upon, in or about damage) (sometimes referred to as "commercial general liability") insurance on an occurrence basis with respect to the entire property described on Exhibit "B" attached hereto and business carried on, in or about from the adjoining streets Leased Premises and passageways, such insurance to afford protection to the limit Tenant's use and occupancy thereof of not less than $1,000,000 in respect to injury or death to a single person, and to 3,000,000 per occurrence which insurance shall include the limit of 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 $2,000,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as 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 in such amounts as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of insurance may be reasonably required by the Landlord in respect of fire and such other perils, including sprinkler leakage as are from time 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 a financial rating of AAA, as rated time defined in the most current available "Bestusual extended coverage endorsement covering the Tenant's Guide" Insurance Reportstrade fixtures and the furniture and equipment of the Tenant and (except as to Insured Damage) all Leasehold Improvements of the Tenant, and qualified which insurance shall include the Landlord as an additional named insured as the Landlord's interest may appear with respect to do business the insured Leasehold Improvements and provided that any proceeds recoverable in the state event of Utah. The policies for the foregoing insurance shall provide that the proceeds thereof loss to Leasehold improvements shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to Landlord but the Landlord by an insurance carrier in agrees to make available such proceeds toward the form of either a certified copy repair or replacement of the policy or other written verification of insurance coverage acceptable to Landlord and the lending institution for the Demised Premises. Such insurance policies shall provide that Landlord be given thirty (30) days written notice prior insured property if this Lease is not terminated pursuant to any cancellation or alteration of any policy, except ten other provision hereof; and if the Landlord shall require the same from time to time then also:
(10c) business days written notice for non-payment of premium. 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 damage that would have been insured by said policies but for Tenant's failure to obtain such insurance.fire legal liability insurance in an amount not less than the replacement value of the Leased Premises;
Appears in 1 contract