Common use of Tenant’s Liability Insurance Clause in Contracts

Tenant’s Liability Insurance. Tenant shall, at Tenants sole cost and expense, provide comprehensive general liability insurance, fully covering and indemnifying Landlord and Landlord’s officers, directors, shareholders, partners, principals, employees, agents, representatives; and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property during the period of Tenant’s possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single liability limit. Tenant shall also, at its sole cost and expense, obtain workers’ compensation insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the Property. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice to Landlord and Landlord’s lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Lease.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement (Sophiris Bio Inc.), Lease Agreement (Sophiris Bio Inc.)

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Tenant’s Liability Insurance. Tenant shallshall carry at its own expense throughout the term of this Lease, at Tenants sole cost and expense, provide comprehensive commercial general liability insuranceinsurance covering the Premises and appurtenant areas, fully covering and indemnifying Tenant's use thereof, and protecting Tenant and Landlord (as an additional insured) against claims for bodily injury, personal injury and Landlord’s officersproperty damage based upon, directorsinvolving or arising out of the ownership, shareholdersuse, partners, principals, employees, agents, representatives; and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), as additional insureds, against any occupancy or maintenance of the Premises and all claims arising areas appurtenant thereto. Such insurance shall be on an occurrence basis providing single limit coverage in an amount not less than $1,000,000 per occurrence with an "Additional Insured--Managers or Lessors of Premises" Endorsement and shall contain the "Amendment of Pollution Exclusion" for damage caused by heat, smoke or fumes from personal injurya hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, death, and/or property damage occurring in or about but shall include coverage for liability assumed under this Lease as an "insured contract" for the Premises or the Property during the period performance of Tenant’s possession (actual and/or constructive) at 's indemnity obligations under this Lease. Such insurance shall also cover Tenant's contractual liability under this Lease in an amount periodically adjusted as hereinafter provided to conform to then current standard business practices for comparable business operations, but in no case less than the Premisesamounts shown in the applicable Basic Lease Provisions. The initial limits liability limit of such insurance shall be at least $2,000,000 combined single liability limitnot, however, limit Tenant's liabilities assumed under this Lease. Tenant shall also, at its sole cost keep in full force and expense, obtain workers’ effect a policy or policies of worker's compensation insurance as required by law, and with employees liability coverage for bodily injury by accident of not less than $2,000,000 for each accident, and for bodily injury by disease of not less than $2,000,000 for each employee and for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the Propertypolicy limit. All insurance If required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless then the amounts of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-general liability and contractual employers liability endorsements, (b) provide that no cancellation or reduction in coverage insurance shall be effective until thirty increased from time to time (30but in no event more frequently than once every three (3) days after written malice years) to an amount reasonably determined by Landlord as may be required, given the then current economic conditions and Landlord’s lenderthe size of damage awards generally, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance to approximate the same level of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior to protection as was provided on the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Lease.

Appears in 2 contracts

Samples: Office Building Lease (Convera Corp), Office Building Lease (Convera Corp)

Tenant’s Liability Insurance. Tenant shall, at Tenants sole cost and expense, provide comprehensive agrees to maintain in full force during the Term a policy or policies of commercial general liability insuranceinsurance under which Landlord, fully and such other persons as are in privity of estate with Landlord as may be set out in notice from Landlord to Tenant from time to time ("Landlord's Designees"), are named as additional insureds and Tenant is named primary insured, with contractual liability endorsements covering the agreements of Tenant to indemnify the Indemnified Parties from and indemnifying against all cost, expense and/or liability as contractually undertaken by Tenant under the terms of this Lease (whether in this Article XII or otherwise). Each such policy shall provide that it is primary over any insurance carried by Landlord and/or Landlord's Designees and that it cannot be canceled, amended or modified with respect to the Landlord or Landlord's Designees without fifteen (15) days' prior written notice to Landlord and Landlord’s officers's Designees, directors, shareholders, partners, principals, employees, agents, representatives; and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in a duplicate original or about certificate thereof evidencing such coverage shall be delivered to Landlord no less than the Premises or date Tenant commences occupancy of the Property during the period of Tenant’s possession (actual and/or constructive) at the Demised Premises. The initial minimum limits of liability of such insurance shall be at least $2,000,000 not less than [***] combined single liability limitlimit for bodily injury (including death) and/or property damage in any one occurrence, or such higher limits as Landlord may from time to time request, provided such higher limits are then customarily required of tenants IN first-class shopping centers. In the event Tenant shall also, at its sole cost fails to obtain and expense, obtain workers’ compensation insurance for maintain the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the Property. All insurance required of Tenant hereunder, upon three (3) days notice and the failure of Tenant to cure within said three (3) day period, Landlord shall have the right, but not the obligation, after written notice to Tenant, to purchase said insurance coverage on Tenant's behalf and the cost thereof shall be carried denied Additional Rent and paid to Landlord by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: within ten (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty (3010) days after written malice to Landlord and Landlord’s lender, (c) be issued demand therefor by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal submit any proposed substitution of insurance policies or binder modification of such policy at least insurance policies to Landlord for Landlord's written approval not less than thirty (30) days prior to expiration thereof. the date on which Tenant shall, at Tenant’s expense, maintain such other liability desires to substitute or modify insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain policies provided for under the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Silicon Entertainment Inc /Ca/), Lease Agreement (Silicon Entertainment Inc /Ca/)

Tenant’s Liability Insurance. Tenant shall, at Tenants sole cost shall obtain and expense, provide maintain during the term of this Lease comprehensive general liability insurance, fully covering insurance with combined single limit for personal injury and indemnifying Landlord and Landlord’s officers, directors, shareholders, partners, principals, employees, agents, representatives; and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property during the period of Tenant’s possession (actual and/or constructive) at the Premises. The initial limits of such a form and with carriers acceptable to Landlord in an amount not less than $1,000,000, and employer's liability and workers' compensation insurance shall be at least $2,000,000 combined single liability limitas required by Law. Tenant shall also, at its sole cost maintain excess or umbrella liability insurance with limits not less than $4,000,000 having the general liability coverage desired above as underlying. Tenant's comprehensive general liability and expense, obtain workers’ compensation excess/umbrella insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the Property. All insurance required to be carried by Tenant policy shall be primary and noncontributory endorsed to any insurance carried by provide that (i) it may not be canceled or altered in such a manner as adversely to affect the coverage afforded thereby without 30 days' prior written notice to Landlord, regardless (ii) Landlord is named as additional insured, (iii) the insurer acknowledges acceptance of the absence mutual waiver of negligence or claims by Landlord and Tenant pursuant to subparagraph (F) below, and (iv) such insurance is primary with respect to Landlord and that any other fault insurance maintained by Landlord is excess and noncontributing with such insurance. If, in the reasonable opinion of Tenant for alleged injuryLandlord's insurance adviser, death and/or property damage. Each policy based on a substantial increase in recovered liability claims generally, the specified amounts of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsementscoverage are no longer adequate, (b) provide that no cancellation or reduction in such coverage shall be effective until thirty (30) days after written malice to Landlord and Landlord’s lenderappropriately increased but, (c) be issued in no event shall such required coverage exceed the level of coverage customarily carried by an insurer licensed similar businesses in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunderAlameda County. Prior to the Commencement DateTerm Commencement, Tenant shall deliver to Landlord a duplicate of such policy or a certificate evidencing all thereof to Landlord for retention by it, with endorsements, and at lease 30 days prior to the expiration of such insurance to Landlord. policy or any renewal thereof, Tenant shall deliver to Landlord a replacement or renewal binder, followed by a duplicate policy or binder of such policy at least thirty (30) days prior to expiration thereofcertificate within a reasonable time thereafter. Tenant shall, at Tenant’s expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if If Tenant fails to obtain the such insurance required under this Sectionor to furnish Landlord any such duplicate policy or certificate as herein required, or if Landlord may, at its election, without notice to Tenant obtains insurance with termsand without any obligation to do so, conditions and/or exclusions that are inconsistent with the requirements procure and terms of this Leasemaintain such coverage and Tenant shall reimburse Landlord on demand as Additional Rent for any premium so paid by Landlord.

Appears in 2 contracts

Samples: Sublease Agreement (Wink Communications Inc), Sublease Agreement (Wink Communications Inc)

Tenant’s Liability Insurance. Tenant shallshall carry at its own expense throughout the term of this Lease, at Tenants sole cost and expense, provide comprehensive commercial general liability insuranceinsurance covering the Premises and appurtenant areas, fully covering and indemnifying Tenant's use thereof, and protecting Tenant and Landlord (as an additional insured) against claims for bodily injury, personal injury and Landlord’s officersproperty damage based upon, directorsinvolving or arising out of the ownership, shareholdersuse, partners, principals, employees, agents, representatives; and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), as additional insureds, against any occupancy or maintenance of the Premises and all claims arising areas appurtenant thereto. Such insurance shall be on an occurrence basis providing single limit coverage in an amount not less than $1,000,000 per occurrence with an "Additional Insured - Managers or Lessors of Premises" Endorsement and shall contain the "Amendment of Pollution Exclusion" for damage caused by heat, smoke or fumes from personal injurya hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, death, and/or property damage occurring in or about but shall include coverage for liability assumed under this Lease as an "insured contract" for the Premises or the Property during the period performance of Tenant’s possession (actual and/or constructive) at 's indemnity obligations under this Lease. Such insurance shall also cover Tenant's contractual liability under this Lease in an amount periodically adjusted as hereinafter provided to conform to then current standard business practices for comparable business operations, but in no case less than the Premisesamounts shown in the applicable Basic Lease Provisions. The initial limits liability limit of such insurance shall be at least $2,000,000 combined single liability limitnot, however, limit Tenant's liabilities assumed under this Lease. Tenant shall also, at its sole cost keep in full force and expense, obtain workers’ effect a policy or policies of worker's compensation insurance as required by law, and with employer's liability coverage for bodily injury by accident of not less than $3,000,000 for each accident, and for bodily injury by disease of not less than $3,000,000 for each employee and for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the Propertypolicy limit. All insurance If required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless then the amounts of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-general liability and contractual employer's liability endorsements, (b) provide that no cancellation or reduction in coverage insurance shall be effective until thirty increased from time to time (30but in no event more frequently than once every three (3) days after written malice years) to an amount reasonably determined by Landlord as may be required, given the then current economic conditions and Landlord’s lenderthe size of damage awards generally, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance to approximate the same level of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior to protection as was provided on the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Lease.

Appears in 2 contracts

Samples: Office Building Lease (Maxim Pharmaceuticals Inc), Office Lease Agreement (Maxim Pharmaceuticals Inc)

Tenant’s Liability Insurance. Tenant shall, at Tenants sole cost and expense, provide comprehensive general liability insurance, fully covering and indemnifying Landlord and Landlord’s officers, directors, shareholders, partners, principals, employees, agents, representatives; and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property during the period of Tenant’s possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single liability limit. Tenant shall alsoprocure and maintain throughout the term of this Lease a policy or policies of Commercial General Liability Insurance, at its sole cost and expense, obtain workers’ compensation insuring Tenant and covering Tenant's use or occupancy of the Demised Premises, the limits of such policy or policies to be in an amount not less than $2,000,000.00 combined single limit, to be written by insurance for companies authorized to transact business in the protection State of Texas with a Best's Rating of "A" or higher, with not less than a $3,000,000.00 Excess Liability or Commercial Umbrella Policy in addition thereto. The Commercial General Liability Policy and the Excess Liability and/or Commercial Umbrella Policy shall name Landlord (and any of its employees such as will relieve Landlord of all liability to such employees for any affiliates, subsidiaries, successors and all accidents that may arise on or about the Premises or the Property. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried assigns designated by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice to Landlord and Landlord’s lender, (c) be issued by as an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlordadditional insured. Tenant shall deliver obtain a renewal or binder written obligation on the part of such policy each insurance company to notify Landlord at least thirty (30) days prior to cancellation of or any material change in such policies. Such policies or duly executed certificates of insurance shall be promptly delivered to Landlord and renewals thereof as required shall be delivered to Landlord at least thirty (30) days prior to the expiration thereofof the respective policy terms. If Tenant shallshould fail to comply with the foregoing requirements relating to liability insurance, Landlord may obtain such insurance and Tenant shall pay to Landlord on demand as additional Rent hereunder the premium cost thereof plus interest at Tenant’s expense, maintain such other liability insurance as Tenant deems necessary to protect the rate of eighteen percent (18%) per annum from the date of payment until repaid by Tenant. Further, should Tenant fail to deliver Landlord the required insurance policies or certificates of insurance within twenty (20) days after written demand therefore by Landlord, Tenant shall be obligated to pay Landlord a fee equal to $250.00. Notwithstanding the foregoing, Landlord shall have the right to modify the amount of the respective insurance coverage required in material breach this Section 13.2 at the commencement of any renewal term provided for in this Lease if Tenant fails to obtain such amounts as reasonably determined by Landlord provided Landlord carries the same limits of insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Leasepursuant to Section 13.4 below.

Appears in 1 contract

Samples: Shopping Center Lease Agreement (Conns Inc)

Tenant’s Liability Insurance. Tenant shall, at Tenants Tenant's sole cost and expense, provide comprehensive general liability insurance, fully covering and indemnifying Landlord and Landlord’s 's officers, directors, shareholders, partners, principals, employees, agents, representatives; , and other related entities and individuals (together with, at Landlord’s 's election, Landlord’s 's lender), as additional insuredsinsured, against any and all claims arising from personal injury, death, and/or property damage occurring in on or about the Premises or the Property Center during the period of Tenant’s 's possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single liability limitlimit if the Rentable Square Footage of the Premises (as indicated in Section 1.2) exceeds 3,000 square feet, or $1,000,000 combined single liability limit if such Rentable Square Footage is 3,000 square feet or less. Such limits shall be subject to periodic increase, at Landlord's option based upon inflation, increased liability awards, lender requirements, the recommendations of Landlord's professional insurance advisors, and other relevant factors. Such liability insurance limits shall be subject to periodic increase, at Landlord's election, based upon inflation, increased liability awards, lender requirements, the recommendations of Landlord's professional insurance advisors, and other relevant factors. Tenant shall also, at its sole cost and expense, obtain workers' compensation insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the PropertyCenter. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice notice to Landlord and Landlord’s 's lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s 's performance of the Indemnity indemnity provisions of Article 13, but the amount of such Insurance insurance shall not limit Tenant’s 's liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s 's expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, Section or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Lease.

Appears in 1 contract

Samples: Standard Industrial Gross Lease (Inland Entertainment Corp)

Tenant’s Liability Insurance. At all times during the term, Tenant shall, at Tenants sole cost its own expense and expensewith the premium(s) thereon fully paid in advance, provide maintain in full force a policy or policies of comprehensive general public liability insuranceinsurance covering Tenant's occupancy of the Leased Premises, fully covering with limits of not less than One Million Dollars ($1,000,000) combined single limit bodily/personal injury and indemnifying Landlord and Landlord’s officers, directors, shareholders, partners, principals, employees, agents, representatives; and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property during the period of Tenant’s possession (actual and/or constructive) at the Premisesliability. The initial limits of such Such insurance shall be at least $2,000,000 combined single liability limit. Tenant shall also, at its sole cost and expense, obtain workers’ compensation insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the Property. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability be procured from an insurer authorized to do business in California and contractual liability endorsements, either approved in writing by Landlord (which approval shall not be unreasonably withheld or delayed) or rated A:XII or better in Bests's Insurance Reports; (b) provide that no cancellation or reduction in coverage shall be effective until thirty primary and not excess coverage; (30c) days after written malice to name Landlord and Landlord’s lender, 's property manager (cprovided Landlord identifies same in writing) be issued by an insurer licensed in California and reasonably approved by Landlord, as additional insureds; and (d) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy require that Landlord be given at least thirty (30) days prior written notice before such insurance can be cancelled or changed with respect to expiration thereofparties, coverage, or limits of liability. Tenant's insurance shall be issued by an insurance company or companies holding a general policy holder's rating of "A" and a financial size rating of Class "XII" or larger, as set forth in the most current issue of "Best's Insurance Guide" also known as "Best's Key Rating Guide." Tenant shall, at Tenant’s expenseprior to entering into possession under this Lease, maintain deliver to Landlord a certificate of such other liability policy or policies together with a copy of the endorsement page naming Landlord and Landlord's property manager as additional insureds. Not less than ten (10) working days before the expiration of any such insurance as Tenant deems necessary to protect Tenant. coverage, Tenant shall be in material breach of this Lease if Tenant fails deliver to obtain Landlord satisfactory evidence that such insurance has been renewed and that the insurance required under this Section, premium or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Leasepremiums have been paid.

Appears in 1 contract

Samples: Industrial Building Lease (West Marine Inc)

Tenant’s Liability Insurance. Tenant shall, at Tenants sole cost and expense, shall during the Term of the Lease provide comprehensive broad form commercial general liability insurance, fully and automobile liability insurance, each with a minimum combined single limit of liability of at least Five Million Dollars ($5,000,000), and statutory worker's compensation insurance with a Five Million Dollar ($5,000,000) employer's liability limit covering all of Tenant's employees. Notwithstanding the foregoing in the event of any permitted assignment or sublease of all or a portion of the Premises, such assignee or sublessee shall only be required to provide insurance of the type required by this Section 15.2 in the amount of Two Million Dollars ($2,000,000). Tenant's liability insurance policy or policies shall: (i) include premises and indemnifying operations liability coverage, products and completed operations liability coverage, broad form property damage coverage including completed operations, blanket contractual liability coverage including, to the maximum extent possible, coverage for the indemnification obligations of Tenant under this Lease, fire legal liability insurance, and personal and advertising injury coverage; (ii) provide that the insurance company has the duty to defend all insureds under the policy; (iii) provide that defense costs are paid in addition to and do not deplete any of the policy limits; and (iv) cover liabilities arising out of or incurred in connection with Tenant's use or occupancy of the Premises or the Real Property; (v) extend coverage to cover liability for the actions of Tenant's agents, contractors, employees and invitees. Each policy of liability insurance required by this Section shall: (i) contain a cross liability endorsement or separation of insureds clause; (ii) provide that any waiver of subrogation rights or release prior to a loss does not void coverage; (iii) provide that it is primary to and not contributing with, any policy of insurance carried by Landlord and covering the same loss; (iv) provide that any failure to comply with the reporting provisions shall not affect coverage provided to Landlord’s officers, directors, shareholders, its partners, principals, employees, agents, representativesproperty managers and Mortgagees; and (v) name Landlord, its partners, the property manager of the Real Property (the "Property Manager"), and such other related entities and individuals (together with, at Landlord’s election, Landlord’s lender)parties in interest as Landlord may from time to time reasonably designate to Tenant in writing, as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in or about . Such additional insureds shall be provided at least the Premises or the Property during the period same extent of Tenant’s possession (actual and/or constructive) at the Premisescoverage as is provided to Tenant under such policies. The initial limits of All endorsements effecting such insurance additional insured status shall be at least $2,000,000 combined single liability limit. Tenant shall also, at its sole cost and expense, obtain workers’ compensation insurance for as broad as additional insured endorsement form number CG 20 11 11 85 promulgated by the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the Property. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice to Landlord and Landlord’s lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this LeaseServices Office.

Appears in 1 contract

Samples: Office Lease (Peoplesoft Inc)

Tenant’s Liability Insurance. Tenant shall, at Tenants Tenant’s sole cost and expense, provide comprehensive general liability insurance, fully covering and indemnifying Landlord and Landlord’s officers, directors, shareholders, partners, principals, employees, agents, representatives; , and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), as additional insuredsInsureds, against any and all claims (subject to customary policy exclusions) arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property Center during the period of Tenant’s possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single liability limitlimit if the Rentable Square Footage of the Premises (as indicated in Section 1.2) exceeds 3,000 square feet, or $1,000,000 combined single liability limit if such Rentable Square Footage is 3,000 square feet or less. Such liability insurance limits shall be subject to periodic increase, at Landlord’s election and at Landlord’s reasonable discretion, based upon inflation, increased liability awards, lender requirements, the recommendations of Landlord’s professional insurance advisors, and other relevant factors. Tenant shall also, at its sole cost and expense, obtain workers’ compensation insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the PropertyCenter. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice to Landlord and Landlord’s lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (dc) shall insure Tenant’s performance of the Indemnity indemnity provisions of Article 1313 subject to policy limitations, but the amount of such Insurance insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Tenant shall be required to provide Landlord thirty (30) days prior written notice of any cancellation or reduction in coverage. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Lease.

Appears in 1 contract

Samples: Standard Industrial Lease (Brooks Automation Inc)

Tenant’s Liability Insurance. Tenant shallThe TENANT shall provide and maintain: a) Commercial General Liability insurance with limits of not less than Five Million ($5,000,000.00) dollars per occurrence and with a deductible acceptable to the Landlord, at Tenants sole cost and expenseacting reasonably. Coverage shall include but is not limited to bodily injury including death, provide comprehensive general liability insuranceproperty damage including loss of use thereof, fully covering and indemnifying Landlord and Landlord’s officers, directors, shareholders, partners, principals, employees, agents, representatives; and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), as additional insureds, against any and all claims arising from personal injury, deathblanket contractual liability, and/or property damage occurring in or about the Premises or the Property during the period products and completed operations liability, non-owned automobile liability and contain a cross liability and severability of Tenant’s possession (actual and/or constructive) at the Premisesinterest clause. The initial limits of such insurance policy shall be at least $2,000,000 combined single liability limit. Tenant shall alsoendorsed to name The Corporation of the City of Kawartha Lakes as an additional insured. b) All Risk Property insurance in an amount equal to the full replacement cost of property of every description and kind owned by the TENANT or for which the TENANT is legally responsible, at its sole cost and expense, obtain workers’ compensation insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise which is located on or about the Premises PREMISES, including without limitation anything in the nature of a leasehold improvement. The policy shall not allow subrogation claims by the Insurer against the LANDLORD. c) Tenant’s Legal Liability insurance for the actual cash value of the PREMISES including loss of use thereof. The policy shall not allow subrogation claims by the Insurer against the LANDLORD. d) Comprehensive Boiler and Machinery insurance on mechanical equipment on or about the PropertyPREMISES controlled by the TENANT. The policy shall not allow subrogation claims by the Insurer against the LANDLORD. The TENANT shall provide the LANDLORD, upon execution of this LEASE and annually thereafter, a Certificate of Insurance. All insurance required to be carried by Tenant policies shall be primary and noncontributory with insurers licensed to any underwrite insurance carried by Landlord, regardless in the Province of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damageOntario. Each policy of The insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until with insurers acceptable to the LANDLORD and with policies in a form satisfactory to the LANDLORD, acting reasonably. All policies shall be endorsed to provide the LANDLORD with not less than thirty (30) days after days’ written malice to Landlord notice in advance of any cancellation, change or amendment restricting coverage. All premiums and Landlord’s lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance deductibles under the insurance policies are the sole expense of the Indemnity provisions of Article 13, but the amount of such Insurance TENANT. All policies shall apply as primary and not limit Tenant’s liability nor relieve Tenant as excess of any obligation hereunder. Prior insurance available to the Commencement DateLANDLORD. As determined by the LANDLORD, Tenant shall deliver a certificate evidencing all such the TENANT may be required to provide and maintain additional insurance coverage(s) or increased limits, which are related to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this LeaseLEASE.

Appears in 1 contract

Samples: Lease Agreement

Tenant’s Liability Insurance. Tenant shall, at Tenants Tenant's sole cost and expense, provide comprehensive general liability insurance, fully covering and indemnifying Landlord and Landlord’s 's officers, directors, shareholders, partners, principals, employees, agents, representatives; , and other related entities and individuals (together with, at Landlord’s 's election, Landlord’s lenderLandlxxx'x xxnder), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring occuring in or about the Premises or the Property Center during the period of Tenant’s 's possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single liability limitlimit if the Rentable Square Footage of the Premises (as indicated in Section 1.2) exceeds 3 000 square feet, or $1,000,000 combined single liability limit if such Rentable Square Footage is 3,000 square feet or less. Such liability insurance limits shall be subject to periodic increase, at Landlord's elect/on, based upon inflation, increased liability awards, lender requirements, the recommendations of Landlord's professional insurance advisors, and other relevant factors. Tenant shall also, at its sole cost and expense, obtain workers' compensation insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the PropertyCenter. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried canted by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice notice to Landlord and Landlord’s 's lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s 's performance of the Indemnity indemnity provisions of Article 13, but the amount of such Insurance insurance shall not limit Tenant’s 's liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s 's expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Lease.

Appears in 1 contract

Samples: Standard Industrial Net Lease (Sgi International)

Tenant’s Liability Insurance. Tenant shall, at Tenants Tenant's sole cost and expense, provide comprehensive general liability insurance, fully covering and indemnifying Landlord and Landlord’s 's officers, directors, shareholders, partners, principals, employees, agents, representatives; , and other related entities and individuals (together with, at Landlord’s 's election, Landlord’s 's lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property Center during the period of Tenant’s 's possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single liability limitlimit if the Rentable Square Footage of the Premises (as indicated in Section 1.2) exceeds 3,000 square feet, or $1,000,000 combined single liability limit if such Rentable Square Footage is 3,000 square feet or less. Such liability insurance limits shall be subject to periodic increase, at Landlord's election, based upon inflation, increased liability awards, lender requirements, the recommendations of Landlord's professional insurance advisors, and other relevant factors. Tenant shall also, at its it's sole cost and expense, obtain workers' compensation insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the PropertyCenter. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice notice to Landlord and Landlord’s 's lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure issue Tenant’s 's performance of the Indemnity indemnity provisions of Article 13, but the amount of such Insurance insurance shall not limit Tenant’s 's liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s 's expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Lease.

Appears in 1 contract

Samples: Standard Industrial Net Lease (Mitokor)

Tenant’s Liability Insurance. Tenant shallagrees to maintain in full force and effect from the date upon which Tenant first enters the Premises or any portion thereof for the conduct of its business or any other purpose (and in any event not later than the Commencement Date), at Tenants sole cost throughout the Term and expensethereafter, provide comprehensive so long as Tenant is in occupancy of any part of the Premises, (A) a policy of commercial general liability insurance, fully which shall include contractual liability coverage covering Tenant’s operations within the Building to the extent and indemnifying Landlord in the manner provided under the standard ISO form of commercial general liability policy, or its then equivalent, in use from time to time, under which Tenant is the named insured and Landlord’s officers, directors, shareholders, partners, principals, employees, agents, representatives; Agent and Net Lessor (and such other related entities and individuals persons as Landlord may reasonably request by a Notice to Tenant from time to time) are named as additional insureds (together with, at Landlord’s election, Landlord’s lenderbut not loss payees), on ISO Form CG 0001 (12/07) or its then equivalent, (B) Statutory Workers Compensation Coverage with Employers Liability as additional insuredsrequired by Legal Requirements (“Workers Comp Coverage”), against any and all claims arising from personal injury(C) non-owned and hired cars coverage. Each such policy shall be issued by one or more insurers in a financial size category of not less than VIII and with general policy holders ratings of not less than A-, deathas rated in the most current available insurance reports published by A.M. Best & Company, and/or property damage occurring in or about the Premises Inc., or the Property during then-equivalent thereof, and licensed to do business in the period State of Tenant’s possession (actual and/or constructive) at the Premises. The initial limits of New York and authorized to issue such insurance shall be at least $2,000,000 combined single liability limit. Tenant shall also, at its sole cost and expense, obtain workers’ compensation insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the Property. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damagepolicies. Each policy of insurance required to be carried procured by Tenant hereunder shall: shall (ai) contain cross-liability and contractual liability endorsements, endorsements providing that (bw) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice to Landlord and Landlord’s lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance policy shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal be cancelled or binder of such policy amended without at least thirty (30) days days’ prior notification to expiration thereof. Tenant shalland Tenant shall promptly send a copy of such notice to Landlord and Landlord’s designees, at Tenant’s expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. (x) Tenant shall be solely responsible for the payment of premiums therefor notwithstanding that Landlord or any such designee is or may be named as an additional insured on a primary & non-contributory basis, (y) intentionally omitted; and (z) any policy of commercial general liability insurance maintained by Tenant pursuant to this Section 16.02 shall contain a standard separation of insureds provision; and (ii) not prohibit the release of claims given under Section 16.07 below, nor shall any of them be limited, terminated or materially affected thereby. As of the Execution Date, the limits of liability of such insurance shall be $[Omitted] per occurrence and $[Omitted] in material breach of this Lease if Tenant fails to obtain the annual aggregate on a per location basis for commercial general liability insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Leaseexcess liability insurance.

Appears in 1 contract

Samples: Lease Agreement (Olo Inc.)

Tenant’s Liability Insurance. Tenant shall, shall procure at Tenants sole its cost and expenseexpense and maintain throughout the Term comprehensive commercial genera1liability insurance applicable to the Premises with a minimum combined single limit of liability of Two Million Dollars ($2,000,000) and $5,000,000 annual aggregate, provide comprehensive general statutory worker's compensation insurance, and employer's liability insurance with a Five Hundred Thousand Dollar ($500,000) minimum limit covering all of Tenant's employees. Such liability insurance shall include, without limitation, products and completed operations liability insurance, fully covering fire and indemnifying legal liability insurance, and such other coverage as Landlord and may reasonably require from time to time. At Landlord’s officers, directors, shareholders, partners, principals, employees, agents, representatives; and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property during the period 's request Tenant shall increase such insurance coverage to a level that is commercially reasonably required by Landlord 14.3 Form of Tenant Policies. Tenant’s possession (actual and/or constructive) at the Premises. The initial limits of such 's insurance shall be at least $2,000,000 combined single liability limitissued by companies authorized to do business in the State of New Jersey. Tenant shall also, at its sole cost and expense, obtain workers’ compensation have the right to provide insurance for coverage pursuant to blanket policies obtained by Tenant if the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the Propertyblanket policies expressly afford coverage required by this Section 14. All insurance policies required to be carried by Tenant under this Lease (except for worker's compensation insurance) shall (i) name Landlord, and any other parties designated by Landlord as additional insureds, (ii) as to liability coverages, be written on an "occurrence" basis, (iii) provide that Landlord shall receive thirty (30) days' notice from the insurer before any cancellation or change in coverage; and (iv) contain a provision that no act or omission of Tenant shall affect or limit the obligation of the insurer to pay the amount of any loss sustained. Each such policy shall contain a provision that such policy and the coverage evidenced thereby shall be primary and noncontributory non-contributing with respect to any insurance policies carried by Landlord. TENANT SHALL DELIVER REASONABLY SATISFACTORY EVIDENCE OF SUCH INSURANCE TO LANDLORD CONCURRENTLY WITH THE EXECUTION AND DELIVERY OF THIS LEASE, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty AND THEREAFTER AT LEAST THIRTY (30) days after written malice to Landlord and DAYS BEFORE THE EXPIRATION DATES OF EXPIRING POLICIES. At Landlord’s lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date's request, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder Landlord copies of such policy at least thirty (30) days prior to expiration thereofpolicies. Tenant shallTenant, at Tenant’s 's expense, maintain such shall comply with, and shall cause all occupants of the Premises to comply with, all applicable customary rules, orders, regulations or requirements of any board of fire underwriters or other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Leasesimilar body.

Appears in 1 contract

Samples: Lease Agreement (Value Line Inc)

Tenant’s Liability Insurance. Tenant shall, at Tenants sole cost and expense, provide comprehensive general liability insurance, fully covering and indemnifying Landlord and Landlord’s officers, directors, shareholders, partners, principals, employees, agents, representatives; and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property during the period of Tenant’s possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single liability limit. Tenant shall also, at its sole cost and expense, obtain workers’ compensation insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the Property. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice to Landlord and Landlord’s lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s expense, maintain such other obtain and keep in force during the term of this Lease, a commercial general liability insurance as policy insuring Tenant deems necessary to protect Tenantagainst the risks of, bodily injury and property damage, personal injury, contractual liability, completed operations, products liability, host liquor liability, owned and non-owned automobile liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Tenant Such insurance shall be a combined single limit policy in material breach an amount not less than Ten Million and No/100 Dollars ($10,000,000.00) per occurrence with a Ten Million and No/100 Dollar ($10,000,000.00) annual aggregate. 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 negligence of Tenant even though Landlord is named as an additional insured; shall insure performance by Tenant of the indemnity provisions of this Lease; shall be primary, not contributing with, and not in excess of coverage which Landlord may carry; shall provide for severability of interest; shall provide that an act or omission of one of the insured or additional insureds which would void or otherwise reduce coverage shall not void or reduce coverages as to the other insured or additional insureds; and shall afford coverage after the term of this Lease (by separate policy or extension if necessary) 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 fails to obtain the hereunder. Not more frequently than every second year, if owners of Comparable Buildings then customarily require levels of liability insurance coverage in excess of that required under by this SectionSection 15.1, or if Landlord’s lenders require additional coverage, Tenant obtains shall promptly increase said insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Leasecoverage as required by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Fibrogen Inc)

Tenant’s Liability Insurance. Tenant shall, at Tenants Tenant's sole cost and expense, provide comprehensive general liability insurance, fully covering and indemnifying Landlord and Landlord’s 's officers, directors, shareholders, partners, principals, employees, agents, representatives; , and other related entities and individuals (together with, at Landlord’s Xxxxxxxx's election, Landlord’s 's lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property Center during the period of Tenant’s 's possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single liability limitlimit if the Rentable Square Footage of the Premises (as indicated in Section 1.2) exceeds 3,000 square feet, or $1,000,000 combined single liability limit if such Rentable Square Footage is 3,000 square feet or less. Such limits shall be subject to periodic increase, at Landlord's option, based upon inflation, increased liability awards, lender requirements, the recommendations of Landlord's professional insurance advisors, and other relevant factors. Such liability insurance limits shall be subject to periodic increase, at Landlord's election, based upon inflation, increased liability awards, lender requirements, the recommendations of Landlord's professional insurance advisors, and other relevant factors. Tenant shall also, at its sole cost and expense, obtain workers' compensation insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the PropertyCenter. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice notice to Landlord and Landlord’s 's lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s 's performance of the Indemnity indemnity provisions of Article 13, but the amount of such Insurance insurance shall not limit Tenant’s 's liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s 's expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Lease.

Appears in 1 contract

Samples: Standard Industrial Gross Lease (Scripps Financial Corp)

Tenant’s Liability Insurance. Tenant shall, at Tenants Tenant's sole cost and expense, provide comprehensive general liability insurance, fully covering and indemnifying Landlord and Landlord’s 's officers, directors, shareholders, partners, principals, employees, agents, representatives; , and other related entities and individuals (together with, at Landlord’s 's election, Landlord’s 's lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property Center during the period of Tenant’s 's possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single liability limitlimit if the Rentable Square Footage of the Premises (as indicated in Section 1.2) exceeds 3,000 square feet, or $1,000,000 combined single liability limit if such Rentable Square Footage is 3,000 square feet or less. Such limits shall be subject to periodic increase, at Landlord's option, based upon inflation, increased liability awards, lender requirements, the recommendations of Landlord's professional insurance advisors, and other relevant factors. Such liability insurance limits shall be subject to periodic increase, at Landlord's election, based upon inflation, increased liability awards, lender requirements, the recommendations of Landlord's professional insurance advisors, and other relevant factors. Tenant shall also, at its sole cost and expense, obtain workers' compensation insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the PropertyCenter. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice notice to Landlord and Landlord’s 's lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s 's performance of the Indemnity indemnity provisions of Article 13, but the amount of such Insurance insurance shall not limit Tenant’s 's liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s 's expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Lease.

Appears in 1 contract

Samples: Standard Industrial Gross Lease (Sequenom Inc)

Tenant’s Liability Insurance. Tenant shall, at Tenants sole cost and Tenant's expense, provide obtain and keep in force during the term of this Lease a policy of comprehensive general public liability insurance, fully covering with liability limits of not less than One Million Dollars ($1,000,000) combined single limit coverage per occurrence and indemnifying with an extended liability endorsement providing contractual liability (which shall include coverage for Tenant's indemnity set forth in Section 12.3 below) and broad form property damage coverage, insuring Landlord and Landlord’s officersTenant against any liability arising out of the ownership, directorsuse, shareholdersoccupancy or maintenance of the Premises, partnersthe Building, principalsthe Common Area and all areas appurtenant thereto. The limit of said insurance shall not, employeeshowever, agentslimit the liability of the Tenant hereunder. Landlord may periodically during the Lease Term, representatives; but not more frequently than once each twelve (12) months, increase the minimum liability limits specified in this Section 12.1 to an amount equal to the then prevailing minimum liability limits required by landlords of other similar properties in Santa Clarx Xxxnty of similar size and other related entities use. In the event Landlord and individuals (together withTenant agree to increase the rentable area of the Premises, at Landlord’s election, Landlord’s lender)Landlord may increase the minimum liability limits set forth in this Section 12.1 in order to assure that Tenant's activities in the Premises, as additional insuredsincreased, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property during the period of Tenant’s possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single liability limitare adequately insured. Tenant shall alsomay carry said insurance under a blanket policy, at its sole cost and expenseproviding, obtain workers’ compensation however, said insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the Property. All insurance required to be carried by Tenant shall be primary and noncontributory to insurance (not requiring contribution from any insurance carried by Landlord) and shall have a Landlord's protective liability endorsement attached thereto. If Tenant shall fail to procure and maintain said insurance, regardless Landlord may, but shall not be required to, procure and maintain same, but at the expense of Tenant. The insurance required hereunder shall name Landlord as an additional insured and shall be in companies rated A+, AAA, or better in "Best's Insurance Guide." Tenant shall deliver to Landlord prior to occupancy of the absence Premises copies of negligence or other fault policies of Tenant for alleged injury, death and/or property damage. Each policy of liability insurance required herein or certificates evidencing the existence and amounts of such insurance with loss payable clauses satisfactory to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage Landlord. No policy shall be effective until cancelable or subject to reduction of coverage except after thirty (30) days after days' prior written malice to Landlord and Landlord’s lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance notice to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Lease.

Appears in 1 contract

Samples: Office Lease (Abovenet Communications Inc)

Tenant’s Liability Insurance. Tenant shall12.1 For the mutual benefit of Landlord and Tenant, Tenant, at Tenants Tenant's sole cost and expense, provide comprehensive general shall during the Term of this Lease cause to be issued and maintained public liability insuranceand automobile insurance in the sum of at least five hundred thousand dollars ($500,000.00) for injury to or death of one person, fully covering and indemnifying Landlord and Landlord’s officersone million dollars ($1,000,000.00) for injury to or death of more than one person in any one accident, directors, shareholders, partners, principals, employees, agents, representatives; and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), as additional insureds, insuring that Tenant against any and all claims arising from personal injury, death, liability for injury and/or property damage death occurring in or about on the Premises Leased Space or the Property during the period of Tenant’s possession (actual and/or constructive) at the Premisescommon areas. The initial limits of such insurance Landlord shall be at least $2,000,000 combined single liability limit. Tenant named as an additional insured and the policy shall also, at its sole cost and expense, obtain workers’ compensation insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the Property. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability endorsements. Tenant shall maintain all such insurance in full force and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage effect during the entire Term of this Lease and shall pay all premiums for the insurance. Evidence of insurance and of the payment of premiums shall be effective until delivered to Landlord upon request. 12.2 All insurance required under this Lease shall be issued by insurance companies authorized to do business in California and having a policyholder rating of at least "A". Each policy shall contain an endorsement requiring thirty (30) days after written malice notice from the insurance company to Landlord and Landlord’s lenderbefore cancellation or any change in coverage, (c) scope, or amount of any policy. Each policy, or a certificate showing it is in effect, together with evidence of payment of premiums, shall be issued by an insurer licensed in California and reasonably approved by Landlorddeposited with Landlord at the commencement of the Term, and (d) renewal certificates or copies of renewal policies shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior be delivered to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy Landlord at least thirty (30) days prior to the expiration date of any policy. 12.3 Tenant shall provide and maintain at its own expense during the Term of this Lease, or any renewals thereof. Tenant shall, workers compensation insurance in amounts required by applicable state laws. 12.4 If, at any time during the Term, Tenant should fail to secure or maintain the foregoing insurance, Landlord shall be permitted but not required to obtain such insurance in Tenant’s expense's name or as the agent of Tenant and shall be compensated by Tenant for the cost of the insurance premiums. Provided that, maintain such other liability insurance as prior to purchasing the insurance, Landlord shall provide Tenant deems necessary with notice of its default and ten (10) days in which to protect Tenantcorrect the default. Tenant shall pay Landlord interest on paid insurance premiums at the rate of prime plus three percent (3%) per annum with such rate not to exceed eighteen percent (18%) per annum computed from the date written notices are received that the premiums have been paid. 12.5 The parties hereto release each other and their respective agents, employees, successors, assignees and subtenants from all liability for injury to any person or damage to any property that is caused by or results from a risk which is actually insured against, which is required to be in material breach of this Lease if Tenant fails to obtain the insurance required insured against under this SectionLease, or which would normally be covered by the standard form of "all risk-extended coverage" casualty insurance, without regard to the negligence or willful misconduct of the entity so released. Each party shall use its best efforts to cause each insurance policy it obtains to provide that the insurer thereunder waives all right of recovery by way of subrogation as required herein in connection with any injury or damage covered by the policy. If such insurance policy cannot be obtained with such waiver of subrogation, or if such waiver of subrogation is only available at additional cost and the party for whose benefit the waiver is not obtained does not pay such additional cost, then the party obtaining such insurance shall immediately notify the other party of that fact. 12.6 Proceeds from any such policy or policies shall be payable to Landlord, Tenant, and mortgagee, if any, as their interests may appear, who shall use such proceeds to make repairs as provided below. 12.7 Notwithstanding the fact that any liability of Tenant obtains to Landlord may be covered by Tenant's insurance, Tenant's liability shall in no way be limited by the amount of insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Leaserecovery.

Appears in 1 contract

Samples: Development Agreement (Nz Corp)

Tenant’s Liability Insurance. Tenant shallagrees to maintain in full force and effect from the date upon which Tenant first enters the Premises or any portion thereof for the conduct of its business or any other purpose (and in any event not later than the Commencement Date), at Tenants sole cost throughout the Term and expensethereafter, provide comprehensive so long as Tenant is in occupancy of any part of the Premises, (A) a policy of commercial general liability insurance, fully which shall include contractual liability coverage covering Tenant's operations within the Building to the extent and indemnifying Landlord in the manner provided under the standard ISO form of commercial general liability policy, or its then equivalent, in use from time to time, under which Tenant is the named insured and Landlord’s officers, directors, shareholders, partners, principals, employees, agents, representatives; and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender's managing agent and Net Lessor (and such other persons as Landlord may reasonably request by a Notice to Tenant from time to time) are named as additional insureds (but not loss payees), on ISO Form CG 0001 (12/07) or its then equivalent, (B) Statutory Workers Compensation Coverage with Employers Liability as additional insuredsrequired by Requirements of Law ("Workers Comp Coverage"), against any and all claims arising from personal injury(C) non-owned and hired cars coverage. Each such policy shall be issued by one or more insurers in a financial size category of not less than VIII and with general policy holders ratings of not less than A-, deathas rated in the most current available insurance reports published by A.M. Best & Company, and/or property damage occurring in or about the Premises Inc., or the Property during then-equivalent thereof, and licensed to do business in the period State of Tenant’s possession New York and authorized to issue such policies (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single liability limit. Tenant shall also, at its sole cost and expense, obtain workers’ compensation insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the Property. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage"Minimum Insurer Standards"). Each policy of insurance required to be carried procured by Tenant hereunder shall: shall (ai) contain cross-liability and contractual liability endorsements, endorsements providing that (bw) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice to Landlord and Landlord’s lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance policy shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal be cancelled or binder of such policy amended without at least thirty (30) days days' prior notification to expiration thereof. Tenant shall(however a fifteen (15) day notice of cancellation may be given for non-payment of a premium) and Tenant shall promptly send a copy of such notice to Landlord and Landlord's designees, at Tenant’s expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. (x) Tenant shall be solely responsible for the payment of premiums therefor notwithstanding that Landlord or any such designee is or may be named as an additional insured, (y) intentionally omitted; and (z) any policy of commercial general liability insurance maintained by Tenant pursuant to this Section 16.02 shall contain a standard separation of insureds provision; and (ii) not prohibit the release of claims given under Section 16.07 below, nor shall any of them be limited, terminated or materially affected thereby. As of the Execution Date, the limits of liability of such insurance shall be $10,000,000 per occurrence and $10,000,000 in material breach of this Lease if Tenant fails to obtain the annual aggregate on a per location basis for commercial general liability insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Leaseexcess liability insurance.

Appears in 1 contract

Samples: Lease Agreement (Progenics Pharmaceuticals Inc)

Tenant’s Liability Insurance. Tenant shall, at Tenants sole cost and Tenant's expense, provide obtain and keep in force during the term of this Lease a policy of comprehensive general public liability insurance, fully covering with liability limits of not less than One Million Dollars ($1,000,000) combined single limit coverage per occurrence and indemnifying with an extended liability endorsement providing contractual liability (which shall include coverage for Tenant's indemnity set forth in Section 12.3 below) and broad form property damage coverage, insuring Landlord and Landlord’s officersTenant against any liability arising out of the ownership, directorsuse, shareholdersoccupancy or maintenance of the Premises, partnersthe Building, principalsthe Common Area and all areas appurtenant thereto. The limit of said insurance shall not, employeeshowever, agentslimit the liability of the Tenant hereunder. Landlord may periodically during the Lease Term, representatives; but not more frequently than once each twelve (12) months, increase the minimum liability limits specified in this Section 12.1 to an amount equal to the then prevailing minimum liability limits required by landlords of other similar properties in Santa Clarx Xxxnty of similar size and other related entities use. In the event Landlord and individuals (together withTenant agree to increase the rentable area of the Premises, at Landlord’s election, Landlord’s lender)Landlord may increase the minimum liability limits set forth in this Section 12.1 in order to assure that Tenant's activities in the Premises, as additional insuredsincreased, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property during the period of Tenant’s possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single liability limitare adequately insured. Tenant shall alsomay carry said insurance under a blanket policy, at its sole cost and expenseproviding, obtain workers’ compensation however, said insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the Property. All insurance required to be carried by Tenant shall be primary and noncontributory to insurance (not requiring contribution from any insurance carried by Landlord) and shall have a Landlord's protective liability endorsement attached thereto. If Tenant shall fail to procure and maintain said insurance, regardless Landlord may, but shall not be required to, procure and maintain same, but at the expense of Tenant. The insurance required hereunder shall name Landlord as an additional insured and shall be in companies rated A+, AAA, or better in "Best's Insurance Guide." Tenant shall deliver to Landlord prior to occupancy of the absence Premises copies of negligence or other fault policies of Tenant for alleged injury, death and/or property damage. Each policy of liability insurance required herein or certificates evidencing the existence and amounts of such insurance with loss payable clauses, satisfactory to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage Landlord. No policy shall be effective until cancelable or subject to reduction of coverage except after thirty (30) days after days, prior written malice to Landlord and Landlord’s lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance notice to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Lease.

Appears in 1 contract

Samples: Office Lease (Abovenet Communications Inc)

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Tenant’s Liability Insurance. Tenant shallTenant, at Tenants sole cost and Tenant's expense, provide comprehensive shall maintain in full force during the Term hereof a policy or policies of commercial general liability insuranceinsurance insuring against claims and liability for personal injury, fully covering death and indemnifying property damage arising in or about the Premises, the Building and adjoining areas or ways, with a carrier or carriers reasonably acceptable to Landlord and Landlord’s officers's Lender. Landlord agrees that any carrier or carriers having a rating of not less than A minus VIII or better by Best's Insurance Guide is reasonably acceptable to Landlord. The liability under such insurance shall not be less than $10,000,000 combined single limit and with a deductible amount reasonably acceptable to Landlord and Landlord's Lender, directors, shareholders, partners, principals, employees, agents, representatives; provided that any deductible within the self insurance limits provided in Section 11(b) below shall be deemed reasonably acceptable. Such policy or policies of insurance shall (i) name Landlord and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), 's Lender as additional insureds, against any provided Landlord shall have given Tenant written notice of the name and all claims arising from personal injuryaddress of Landlord's Lender, death(ii) be non-assessable, and/or property damage occurring in or about the Premises or the Property during the period of Tenant’s possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single liability limit. Tenant shall also, at its sole cost and expense, obtain workers’ compensation insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the Property. All insurance required to be carried by Tenant shall be primary and noncontributory to non-contributory with any insurance policies carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (biii) provide that no cancellation the same may not be canceled or reduction in coverage shall be effective until thirty (30) days after written malice to Landlord and Landlord’s lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy at least materially amended except upon thirty (30) days prior written notice to expiration thereofLandlord and (iv) be issued on an occurrence basis. Such coverage may be provided by a combination of commercial general liability and excess umbrella policies. Any insurance policy may be maintained by a "blanket policy" insuring other parties and other locations so long as the amount and coverage required to be provided hereunder is not thereby diminished. Tenant shall, at Tenant’s expense, all times shall maintain such other liability with Landlord a current certificate or certificates of said policy or policies. The amount of insurance as Tenant deems necessary to protect Tenant. Tenant coverage provided for in this Section 11 shall be increased from time to time during the Term hereof, but not more frequently than every five (5) years, upon thirty (30) days' prior notice from Landlord to the extent reasonably required by circumstances then existing if and when Landlord reasonably determines that such increase is required to adequately protect the parties named as insureds and the limits of liability for tenants leasing comparable amounts of space in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, comparable office buildings in downtown San Francisco are at such amounts or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this LeaseLandlord is required to implement such increase by Landlord's Lender.

Appears in 1 contract

Samples: Commercial Office Lease (Schwab Charles Corp)

Tenant’s Liability Insurance. Tenant shall, at Tenants sole cost shall obtain and expense, provide maintain during the ---------------------------- term of this Lease comprehensive general liability insuranceinsurance with combined single limit for personal injury and property damage in a form and with carriers acceptable to Landlord in an amount not less than $1,000,000, fully covering and indemnifying employer's liability and workers' compensation insurance as required by Law. In addition, Tenant shall maintain excess or umbrella liability insurance with limits not less than $4,000,000 having the general liability coverage desired above as underlying. Tenant's comprehensive general liability and excess/umbrella insurance policy shall be endorsed to provide that (i) it may not be canceled or altered in such a manner as adversely to affect the coverage afforded thereby without 30 days' prior written notice to Landlord, (ii) Landlord is named as additional insured, (iii) the insurer acknowledges acceptance of the mutual waiver of claims by Landlord and Landlord’s officersTenant pursuant to subparagraph (F) below, directors, shareholders, partners, principals, employees, agents, representatives; and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property during the period of Tenant’s possession (actual and/or constructiveiv) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single is primary with respect to Landlord and that any other insurance maintained by Landlord is excess and noncontributing with such insurance. If, in the reasonable opinion of Landlord's insurance adviser, based on a substantial increase in recovered liability limit. Tenant shall alsoclaims generally, at its sole cost and expensethe specified amounts of coverage are no longer adequate, obtain workers’ compensation insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the Property. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice to Landlord and Landlord’s lenderappropriately increased but, (c) be issued in no event shall such required coverage exceed the level of coverage customarily carried by an insurer licensed similar businesses in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunderAlameda County. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to LandlordTerm Commencement. Tenant shall deliver to Landlord a renewal or binder duplicate of such policy or a certificate thereof to Landlord for retention by it, with endorsements, and at least thirty (30) 30 days prior to the expiration of such policy or any renewal thereof. Tenant shallshall deliver to Landlord a replacement or renewal binder, at Tenant’s expense, maintain such other liability insurance as Tenant deems necessary to protect Tenantfollowed by a duplicate policy or certificate within a reasonable time thereafter. Tenant shall be in material breach of this Lease if If Tenant fails to obtain the such insurance required under this Sectionor to furnish Landlord any such duplicate policy or certificate as herein required. Landlord may, or if as its election, without notice to Tenant obtains insurance with termsand without any obligation to do so, conditions and/or exclusions that are inconsistent with the requirements procure and terms of this Leasemaintain such coverage and Tenant shall reimburse Landlord on demand as Additional Rent for any premium so paid by Landlord.

Appears in 1 contract

Samples: Lease (Pilot Network Services Inc)

Tenant’s Liability Insurance. Tenant shall, at Tenants sole cost and expense, provide comprehensive general liability insurance, fully covering and indemnifying Landlord and Landlord’s officers, directors, shareholders, partners, principals, employees, agents, representatives; and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property during the period of Tenant’s possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single liability limit. Tenant shall also, at its sole cost and expense, obtain workers’ compensation and keep in force during the term of this Lease commercial general liability insurance applying to the condition, use, occupancy, and maintenance of the premises and the business operated by Tenant, or any other occupant, on the premises. Such insurance shall include Broad Form Contractual liability insurance coverage insuring all of Tenant's indemnity obligations under this Lease. Such coverage shall have a minimum combined single limit of liability of at least Three Million Dollars ($3,000,000). All such policies shall be written to apply to all bodily injury, property damage, personal injury and other covered loss, however occasioned. All such policies shall be endorsed to add Landlord and any lender named by Landlord as an additional insured and to provide that any insurance maintained by Landlord shall be excess insurance only. Such coverage shall also contain endorsements: (i) deleting any employee exclusion on personal injury coverage; (ii) including employees as additional insureds; and (iii) providing for coverage of employer's automobile non-ownership liability. All such insurance shall provide for severability of interests; shall provide that an act or omission of one of the protection named insureds shall not reduce or avoid coverage to the other named insureds; and shall afford coverage for all claims based on acts, omissions, injury and damage, which claims occurred or arose (or the onset of its employees such as will relieve Landlord which occurred or arose) in whole or in part during the policy period. Tenant shall also maintain Workers' Compensation insurance in accordance with California law, and employers liability insurance with a limit no less than One Million Dollars ($1,000,000) per employee and One Million Dollars ($1,000,000) per occurrence. The limits of all insurance described in this Paragraph 14.1 shall not, however, limit the liability to such employees for any and all accidents that may arise on or about of Tenant hereunder. Not more frequently than once each calendar year if, in the Premises or the Property. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by reasonable opinion of Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy amount of insurance required to be carried by hereunder is not adequate, Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in shall increase said insurance coverage shall be effective until thirty (30) days after written malice to Landlord and Landlord’s lender, (c) be issued by an insurer licensed in California and as reasonably approved required by Landlord; provided that, and in no event shall any such increase result in an increase in the premium therefor of greater than fifty percent (d50%) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant the premium during the preceding year of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach term of this Lease if or require Tenant fails to obtain maintain insurance coverage in excess of amounts then typically maintained by lessees of similar buildings in the vicinity of the premises. The failure of Landlord to require any additional insurance required coverage at any time shall not relieve Tenant from the obligation to provide increased coverage at any later time or relieve Tenant from any other obligations under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Corsair Communications Inc)

Tenant’s Liability Insurance. Tenant shallshall purchase and maintain in force throughout the Term (without cost or expense to Landlord), at Tenants sole cost and expense, provide comprehensive commercial general liability insurance, fully covering insurance (including public liability and indemnifying Landlord and Landlord’s officers, directors, shareholders, partners, principals, employees, agents, representatives; and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage insurance) in the amount of Ten Million and No/100 Dollars ($10,000,000) per occurrence for legal liability arising out of personal injuries to or deaths of persons occurring in or about the Premises or the Property during the period of Tenant’s possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall Such amounts may be satisfied with a primary commercial general liability policy and an excess or "Umbrella" liability policy affording coverage, at least $2,000,000 combined single liability limitas broad as that afforded by the primary policy. Tenant shall also, at its sole cost and expense, obtain workers’ compensation Such insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the Property. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (ai) contain cross-liability name Landlord, its managing agent, any mortgagee of the Property and any lessor under any ground lease that Landlord specifies by notice given in accordance with Paragraph 26 hereof, as additional insureds; (ii) cover Tenant's contractual liability endorsements, under Tenant's leases; (b) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice to Landlord and Landlord’s lender, (ciii) be issued by an insurer licensed in California insurance company that has a Best's Insurance Guide Rating of A-XI or better; (iv) be primary and reasonably approved non-contributing with any insurance that may be carried by Landlord, ; and (dv) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance provide that it shall not limit Tenant’s liability nor relieve be cancelled or coverage changed without thirty (30) days' prior written notice to Landlord and any mortgagee of Landlord's that has requested such notice in writing by notice to Tenant of any obligation hereunderin accordance with Paragraph 26 hereof. Prior Tenant may obtain such insurance under a blanket insurance policy covering other properties as well as the Premises. At least one (1) Business Day prior to the Commencement Date, Tenant shall deliver a certificate evidencing all of such insurance to LandlordLandlord and shall provide certificates of renewals thereof at least one (1) Business Day before the expiration dates of the coverage then in effect. If Tenant shall fail to procure such insurance before such date, or to deliver a renewal or binder such certificates, Landlord may, at its option, on notice to Tenant, procure such policies for the account of such policy at least Tenant, and the reasonable cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days prior after delivery to expiration thereofTenant of an invoice therefor. Tenant shall, at 42 51 (d) Tenant’s expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant's Property Insurance. Tenant shall obtain and maintain throughout the Term "all risk" insurance on and for the full cost of replacement of all of Tenant's property in the Premises, including, without limitation, all furniture, equipment, and personal property and all items of Building fixtures, alterations and improvements in which Tenant retains an ownership interest; and Tenant shall provide Landlord with copies of current certificates for such policy or policies that shall be kept current and in material breach of this Lease if Tenant fails to obtain full force and effect at all times during the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this LeaseTerm.

Appears in 1 contract

Samples: Lease Agreement (Schwab Charles Corp)

Tenant’s Liability Insurance. Tenant shallThroughout the Lease Term of the Lease, Tenant, at Tenants sole cost Tenant's expense including any deductibles, shall purchase and expensekeep in force during the Lease Term a Commercial General Liability Policy with limits of not less than Five Million and 00/100 Dollars ($5,000,000.00) for each occurrence covering bodily injury to persons, provide comprehensive general liability insurance, fully covering and indemnifying Landlord and Landlord’s officers, directors, shareholders, partners, principals, employees, agents, representatives; and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), as additional insureds, against any and all claims arising from personal injury, including death, and/or property and damage occurring in or about the Premises or the Property during the period of to property. Such insurance shall be with Tenant’s possession (actual and/or constructive) at the Premises. The initial limits of 's liability insurer so long as Tenant is Microsoft Corporation; otherwise such insurance shall be at least $2,000,000 combined single with responsible insurers acceptable to Landlord with a Best Rating of A as a minimum (whose acceptance shall not be unreasonably withheld or delayed). Such insurance shall provide coverage for Tenant's use, condition and occupation of Premises and Project and operations, independent contractors, and to the extent of Tenant's insurable contractual liability limitassumed in Article 17.1. Tenant shall alsocause its Commercial General Liability insurer to name Landlord and any other parties with an insurable interest as an additional insured under such insurance. The insurance policy shall contain a severability of interests provision, at its sole cost a provision that the insurance provided to Landlord and expense, obtain workers’ compensation insurance for the protection of its employees such others as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the Property. All insurance required to be carried by Tenant additional insured shall be primary to and noncontributory to any not contributory with insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice to Landlord and Landlord’s lender, (c) be issued by an insurer licensed in California and reasonably approved maintained by Landlord, and (d) shall insure Tenant’s performance a provision that an act or omission of one of the Indemnity provisions of Article 13, but the amount of such Insurance insureds or additional insureds that would void or otherwise reduce coverage shall not limit Tenant’s liability nor relieve Tenant reduce or void the coverage as to the other named and additional insureds. A certificate of any obligation hereunder. Prior insurance evidencing that the foregoing insurance is in effect shall be delivered to Landlord prior to the Commencement DateDate or Effective date of this Lease, Tenant and shall deliver a be kept current throughout the Lease Term. Such certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder reflect the status of such policy Landlord and any other parties with an insurable interest as additional insured, and shall provide for at least thirty (30) days prior advance notice to expiration thereofLandlord in the event of cancellation. At Tenant's option, Tenant shall, at Tenant’s expense, may undertake to maintain such other deductibles under its Commercial General Liability insurance policy and may elect to self-insure with respect to some or all of the liability insurance as obligation set forth above. Any undertaking by Tenant deems necessary to protect Tenant. Tenant assume deductibles or self-insure with respect to some or all of its Commercial General Liability insurance shall not serve to adversely affect Landlord, and Landlord shall be protected against loss or damage in material breach of this Lease the same manner as if Tenant fails to obtain the had obtained separate Commercial General Liability insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Leaseas provided herein.

Appears in 1 contract

Samples: Lease Agreement (Mission West Properties Inc)

Tenant’s Liability Insurance. Commencing on the date of ---------------------------- Substantial Completion of Landlord's Work, or if Tenant enters onto the Premises to construct Tenant Improvements prior to such date then on the date Tenant so enters onto the Premises to construct Tenant Improvements, and continuing thereafter through the entire Term, Tenant shall, at Tenants sole cost and expense, provide comprehensive general liability insurance, fully covering and indemnifying Landlord and Landlord’s officers, directors, shareholders, partners, principals, employees, agents, representatives; and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property during the period of Tenant’s possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single liability limit. Tenant shall also, at its sole cost and expense, obtain workers’ compensation and keep in force either comprehensive general liability insurance or commercial general liability insurance applying to the condition, use, occupancy, and maintenance of the Premises and the business operated by Tenant, or any other occupant, on the Premises and applying to the use of the Outside Areas and the portion of the Parking Garage used by Tenant. Such insurance shall include broad form contractual liability insurance coverage insuring all of Tenant's indemnity obligations under this Lease. Such coverage shall have a minimum combined single limit of liability of at least Five Million Dollars ($5,000,000). All such policies shall be written to apply to all bodily injury, property damage, personal injury and other covered loss, however occasioned. All such policies shall be endorsed to add Landlord and any lender or other party named by Landlord as an additional insured and to provide that any insurance maintained by Landlord shall be excess insurance only. Such coverage shall also contain endorsements: (i) including employees as additional insureds; and (ii) providing for coverage of employer's automobile non-ownership liability. All such insurance shall provide for severability of interests; shall provide that an act or omission of one of the protection named insureds shall not reduce or avoid coverage to the other named insureds; and shall afford coverage for all claims based on acts, omissions, injury and damage, which claims occurred or arose (or the onset of its employees such as will relieve Landlord which occurred or arose) in whole or in part during the policy period. Tenant shall also maintain Workers' Compensation insurance in accordance with California law, and employers liability insurance with a limit no less than One Million Dollars ($1,000,000) per employee and One Million Dollars ($1,000,000) per occurrence. The limits of all insurance described in this Paragraph 14.1 shall not, however, limit the liability of Tenant hereunder. Not more frequently than once each calendar year, if any lender of Landlord who has provided financing to such employees for any and all accidents that may arise on or about Landlord respecting the Premises or requires the Property. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy amount of insurance required hereunder to be carried increased, Tenant shall increase said insurance coverage as so required by Tenant hereunder shall: such lender; provided that, in no event shall any such increase result in an increase in the premium therefor of greater than twenty five percent (a25%) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice to Landlord and Landlord’s lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant the premium during the preceding year of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms term of this Lease. The failure of Landlord to require any additional insurance coverage at any time shall not relieve Tenant from the obligation to provide increased coverage at any later time or relieve Tenant from any other obligations under this Lease.

Appears in 1 contract

Samples: Lease (Rambus Inc)

Tenant’s Liability Insurance. Tenant shall, at Tenants sole cost and Tenant's expense, provide comprehensive obtain and keep in force during the term of this Lease, a policy of commercial general liability insurance, fully covering and indemnifying insurance with an insurance company reasonably acceptable to Landlord and Landlord’s officers, directors, shareholders, partners, principals, employees, agents, representatives; in the minimum amount of$ 1,000,000 combined annual aggregate limits for bodily injury and other related entities and individuals property damage (together with, at Landlord’s election, Landlord’s lenderwith no lower per occurrence limits), as additional insureds, insuring Tenant against any and all claims liability arising from personal injuryout of the use, death, occupancy and/or property damage occurring in or about the Premises or maintenance of the Property during the period of Tenant’s possession (actual and/or constructive) at the Leased Premises, and naming Landlord additional insured. The initial limits limit of such insurance shall not limit the liability of Ten ant under this Lease. Before the earlier of the date on which this Lease commences or the date Tenant takes occupancy of the Leased Premises, Tenant shall furnish Landlord with a certificate evidencing the insurance required or, if Landlord requests, a copy of the policy. The certificate or the policy, as the case may be, must state that no modification or cancellation of the coverage may be effective without at least $2,000,000 combined single liability limitfifteen (15) days prior written notice to Landlord. If Tenant fails to procure and maintain such insurance, Landlord may, but shall alsonot be required to, procure and maintain such insurance at Tenant's sole expense, which Tenant agrees to pay as additional rent. Additionally, Tenant shall, at its sole cost and Tenant's expense, obtain workers’ compensation insurance and keep in force during the term of this Lease, fire legal liability coverage for the protection of its employees such as will relieve Landlord of all liability to such employees for any buildings on the Property and all accidents that may arise on or about other aspects of the Premises Leased Premises. The certificate or the Property. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlordpolicy, regardless as the case may be, must state that no modification or cancellation of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall may be effective until thirty (30) days after written malice to Landlord and Landlord’s lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy without at least thirty (30) days prior written notice to expiration thereofLandlord. Tenant shall, at Tenant’s expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if If Tenant fails to obtain the procure and maintain such insurance, Landlord may, but shall not be required to, procure and maintain such insurance required under this Sectionat Tenant's sole expense, or if which Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Leaseagrees to pay as additional rent.

Appears in 1 contract

Samples: Office Lease Agreement

Tenant’s Liability Insurance. Tenant shall, at Tenants Tenant's sole cost and expense, provide comprehensive general liability insurance, fully covering and indemnifying Landlord and Landlord’s 's officers, directors, shareholders, partners, members, principals, employees, agents, representatives; , and other related entities and individuals individuals, and their respective successors and assigns (together with, at Landlord’s 's election, Landlord’s 's lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property Center during the period of Tenant’s 's possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 4,000,000 combined single liability limit. Such liability insurance limits shall be subject to periodic increase, at Landlord's election, based upon inflation, increased liability awards, lender requirements, the recommendations of Landlord's professional insurance advisors, and other relevant factors. Tenant shall also, at its sole cost and expense, obtain workers' compensation insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the PropertyCenter. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice notice to Landlord and Landlord’s 's lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s 's performance of the Indemnity indemnity provisions of Article 13, but the amount of such Insurance insurance shall not limit Tenant’s 's liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s 's expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Lease.

Appears in 1 contract

Samples: Standard Industrial Net Lease (Avanir Pharmaceuticals)

Tenant’s Liability Insurance. Throughout the Term, Tenant shall, at Tenants sole cost and expense, provide comprehensive general liability insurance, fully covering and indemnifying Landlord and Landlord’s officers, directors, shareholders, partners, principals, employees, agents, representatives; and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property during the period of Tenant’s possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single liability limit. Tenant shall also, at its sole cost and expense, obtain workers’ compensation shall maintain commercial general liability insurance and property damage insurance, including a contractual liability endorsement, and personal injury liability coverage in respect of the Premises and the conduct or operation of business therein, with Landlord as an additional insured, with limits of not less than $1,000,000.00 in respect of bodily injury or death for any one occurrence and to the limit of not less than $2,000,000.00 for the protection of its employees such as will relieve Landlord aggregate of all liability to occurrences during any such employees for any and all accidents that may arise on or about the Premises or the Property. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damagegiven annual policy period. Each such policy of insurance required to be carried obtained by Tenant hereunder shall: (apursuant to Section 13(a) contain cross-liability and contractual liability endorsements, (b13(b) hereof shall provide that no cancellation or reduction in coverage shall the same will not be effective until thirty (30) days after written malice to Landlord and Landlord’s lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy canceled without at least thirty (30) days prior written notice to expiration thereofLandlord and the Landlord’s Mortgagee. Tenant shallOn the Commencement Date and on written request by Landlord during the term of this Lease, at Tenant’s expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach deliver to Landlord certificates of this Lease if Tenant fails to obtain insurance, showing that the insurance required under to be maintained pursuant to the foregoing provisions of this SectionSection 13(a) and 13(b) is in force, naming the Landlord and Landlord’s Mortgagee, as additional insured (or in the case of liability insurance naming the Landlord’s Mortgagee as certificate holder) and will not be modified or canceled without thirty (30) days prior written notice being furnished to Landlord. Thereafter, not less than thirty (30) days prior to the expiration or termination of each such policy, Tenant shall furnish to Landlord and Landlord’s Mortgagee certificates showing renewal of, or if Tenant obtains insurance with termssubstitution for, conditions and/or exclusions that policies which expire or are inconsistent with the requirements and terms of this Leaseterminated.

Appears in 1 contract

Samples: Lease Agreement (Tvi Corp)

Tenant’s Liability Insurance. Tenant shall, at Tenants Tenant’s sole cost and expense, provide comprehensive general liability insurance, fully covering and indemnifying Landlord and Landlord’s officers, directors, shareholders, partners, members, principals, employees, agents, representatives; , and other related entities and individuals individuals, and their respective successors and assigns (together with, at Landlord’s election, Landlord’s lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property Center during the period of Tenant’s possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 4,000,000 combined single liability limit. Such liability insurance limits shall be subject to periodic increase, at Landlord’s election, based upon inflation, increased liability awards, lender requirements, the recommendations of Landlord’s professional insurance advisors, and other relevant factors. Tenant shall also, at its sole cost and expense, obtain workers’ compensation insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the PropertyCenter. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice notice to Landlord and Landlord’s lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance of the Indemnity indemnity provisions of Article 13, but the amount of such Insurance insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Lease.

Appears in 1 contract

Samples: Sublease Agreement (Tenby Pharma Inc)

Tenant’s Liability Insurance. Tenant shall, at Tenants sole cost and expense, provide comprehensive general liability insurance, fully covering and indemnifying Landlord and Landlord’s officers, directors, shareholders, partners, principals, employees, agents, representatives; and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property during the period of Tenant’s possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single liability limit. Tenant shall also, at its sole cost and expense, obtain workers’ compensation and keep in force during the term of this Lease either Comprehensive General Liability insurance or Commercial General Liability insurance applying to the condition, use, occupancy, and maintenance of the premises and the business operated on the premises by Tenant, or any other party occupying the premises pursuant to a sublease, concession, license or similar agreement with Tenant. Such insurance shall include Broad Form Contractual liability insurance coverage insuring all of Tenant's indemnity obligations under this Lease. Such coverage shall have a minimum combined single limit of liability of at least Three Million Dollars ($3,000,000). All such policies shall be written to apply to all bodily injury, property damage, personal injury and other covered loss, however occasioned. All such policies shall be endorsed to add Landlord and any lender or other party named by Landlord as an additional insured and to provide that any insurance maintained by Landlord shall be excess insurance only. Such coverage shall also contain endorsements: (i) deleting any employee exclusion on personal injury coverage; and (ii) including employees as additional insureds. All such insurance shall provide for severability of interests; shall provide that an act or omission of one of the protection named insureds shall not reduce or avoid coverage to the other named insureds; and shall afford coverage for all claims based on acts, omissions, injury and damage, which claims occurred or arose (or the onset of its employees such as will relieve Landlord which occurred or arose) in whole or in part during the policy period. Tenant shall also maintain Workers' Compensation insurance in accordance with California law, and employers liability insurance with a limit no less than One Million Dollars ($1,000,000) per employee and One Million Dollars ($1,000,000) per occurrence. The limits of all insurance described in this Paragraph 14.1 shall not, however, limit the liability to such employees for any and all accidents that may arise on or about of Tenant hereunder. Not more frequently than once each calendar year if, in the Premises or the Property. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by reasonable opinion of Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy amount of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice to Landlord and Landlord’s lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall is not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Dateadequate, Tenant shall deliver a certificate evidencing all increase said insurance coverage as reasonably required by Landlord; provided that, in no event shall any such increase in coverage require Tenant to maintain insurance coverage which exceeds that which is customary and commercially reasonable for buildings of similar type, use and location. The failure of Landlord to Landlord. require any additional insurance coverage at any time shall not relieve Tenant shall deliver a renewal from the obligation to provide increased coverage at any later time or binder of such policy at least thirty (30) days prior to expiration thereof. relieve Tenant shall, at Tenant’s expense, maintain such from any other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required obligations under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Lease.

Appears in 1 contract

Samples: Sublease and Lease Agreement (Inhale Therapeutic Systems)

Tenant’s Liability Insurance. Tenant shall12.1 For the mutual benefit of Landlord and Tenant, Tenant, at Tenants Tenant's sole cost and expense, provide comprehensive general shall during the Term of this Lease cause to be issued and maintained public liability insuranceand automobile insurance in the sum of at least five hundred thousand dollars ($500,000.00) for injury to or death of one person, fully covering and indemnifying Landlord and Landlord’s officersone million dollars ($1,000,000.00) for injury to or death of more than one person in any one accident, directors, shareholders, partners, principals, employees, agents, representatives; and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), as additional insureds, insuring that Tenant against any and all claims arising from personal injury, death, liability for injury and/or property damage death occurring in or about on the Premises Leased Space or the Property during the period of Tenant’s possession (actual and/or constructive) at the Premisescommon areas. The initial limits of such insurance Landlord shall be at least $2,000,000 combined single liability limit. Tenant named as an additional insured and the Agreement No._________ policy shall also, at its sole cost and expense, obtain workers’ compensation insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the Property. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability endorsements. Tenant shall maintain all such insurance in full force and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage effect during the entire Term of this Lease and shall pay all premiums for the insurance. Evidence of insurance and of the payment of premiums shall be effective until delivered to Landlord upon request. 12.2 All insurance required under this Lease shall be issued by insurance companies authorized to do business in California and having a policyholder rating of at least "A". Each policy shall contain an endorsement requiring thirty (30) days after written malice notice from the insurance company to Landlord and Landlord’s lenderbefore cancellation or any change in coverage, (c) scope, or amount of any policy. Each policy, or a certificate showing it is in effect, together with evidence of payment of premiums, shall be issued by an insurer licensed in California and reasonably approved by Landlorddeposited with Landlord at the commencement of the Term, and (d) renewal certificates or copies of renewal policies shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior be delivered to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy Landlord at least thirty (30) days prior to the expiration date of any policy. 12.3 Tenant shall provide and maintain at its own expense during the Term of this Lease, or any renewals thereof. Tenant shall, workers compensation insurance in amounts required by applicable state laws. 12.4 If, at any time during the Term, Tenant should fail to secure or maintain the foregoing insurance, Landlord shall be permitted but not required to obtain such insurance in Tenant’s expense's name or as the agent of Tenant and shall be compensated by Tenant for the cost of the insurance premiums. Provided that, maintain such other liability insurance as prior to purchasing the insurance, Landlord shall provide Tenant deems necessary with notice of its default and ten (10) days in which to protect Tenantcorrect the default. Tenant shall pay Landlord interest on paid insurance premiums at the rate of prime plus three percent (3%) per annum with such rate not to exceed eighteen percent (18%) per annum computed from the date written notices are received that the premiums have been paid. 12.5 The parties hereto release each other and their respective agents, employees, successors, assignees and subtenants from all liability for injury to any person or damage to any property that is caused by or results from a risk which is actually insured against, which is required to be in material breach of this Lease if Tenant fails to obtain the insurance required insured against under this SectionLease, or which would normally be covered by the standard form of "all risk-extended coverage" casualty insurance, without regard to the negligence or willful misconduct of the entity so released. Each party shall use its best efforts to cause each insurance policy it obtains to provide that the insurer thereunder waives all right of recovery by way of subrogation as required herein in connection with any injury or damage covered by the policy. If such insurance policy cannot be obtained with such waiver of subrogation, or if such waiver of subrogation is only available at additional cost and the party for whose benefit the waiver is not obtained does not pay such additional cost, then the party obtaining such insurance shall immediately notify the other party of that fact. Agreement No._________ 12.6 Proceeds from any such policy or policies shall be payable to Landlord, Tenant, and mortgagee, if any, as their interests may appear, who shall use such proceeds to make repairs as provided below. 12.7 Notwithstanding the fact that any liability of Tenant obtains to Landlord may be covered by Tenant's insurance, Tenant's liability shall in no way be limited by the amount of insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Leaserecovery.

Appears in 1 contract

Samples: Development Agreement (Nz Corp)

Tenant’s Liability Insurance. Tenant shall, at Tenants Tenant's sole cost and expense, provide comprehensive general liability insurance, fully covering and indemnifying Landlord and Landlord’s 's officers, directors, shareholders, partners, principals, employees, agents, representatives; , and other related entities and individuals (together with, at Landlord’s 's election, Landlord’s 's lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property Center during the period of Tenant’s 's possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single liability limitlimit if the Rentable Square Footage of the Premises (as indicated in Section 1.2) exceeds 3,000 square feet, or $1,000,000 combined single liability limit if such Rentable Square Footage is 3,000 square feet or less. Such liability insurance limits shall be subject to periodic increase, at Landlord's election, based upon inflation, increased liability awards, lender requirements, the recommendations of Landlord's professional insurance advisors, and other relevant factors. Tenant shall also, at its is sole cost and expense, obtain workers' compensation insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the PropertyCenter. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice notice to Landlord and Landlord’s 's lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s 's performance of the Indemnity indemnity provisions of Article 13, but the amount of such Insurance insurance shall not limit Tenant’s 's liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s 's expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Lease.

Appears in 1 contract

Samples: Standard Industrial Net Lease (Mitokor)

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