Common use of Tenant’s Liability Insurance Clause in Contracts

Tenant’s Liability Insurance. Tenant (with respect to both the Leased Premises and the Project) shall secure and maintain, at its own expense, at all times during the Term (including any early access period), a policy or policies of commercial general liability insurance with the premiums thereon fully paid in advance, protecting Tenant and naming Landlord, the holders of any deeds of trust, mortgages or ground leases on the Project, and Landlord’s representatives (which term, whenever used in this Article 7, shall be deemed to include Landlord’s partners, trustees, ancillary trustees, officers, directors, shareholders, beneficiaries, agents, employees and independent contractors) as additional insureds against claims for bodily injury, personal injury, advertising injury and property damage (including attorneys’ fees) based upon, involving or arising out of Tenant’s operations, assumed liabilities or Tenant’s use, occupancy or maintenance of the Leased Premises and the Common Areas of the Project. Such insurance shall provide for a minimum amount of Two Million Dollars ($2,000,000.00) for property damage or injury to or death of one or more than one person in any one accident or occurrence, with an annual aggregate limit of at least Five Million Dollars ($5,000,000.00). The coverage required to be carried shall include fire legal liability, blanket contractual liability, personal injury liability (libel, slander, false arrest and wrongful eviction), broad form property damage liability, products liability and completed operations coverage (as well as owned, non-owned and hired automobile liability if an exposure exists) and the policy shall contain an exception to any pollution exclusion which insures damage or injury arising out of heat, smoke or fumes from a hostile fire. Such insurance shall be written on an occurrence basis and contain a separation of insureds provision or cross-liability endorsement acceptable to Landlord. Tenant shall provide Landlord with a certificate evidencing such insurance coverage. The certificate shall indicate that the insurance provided specifically recognizes the liability assumed by Tenant under this Lease and that Tenant’s insurance is primary to and not contributory with any other insurance maintained by Landlord, whose insurance shall be considered excess insurance only. Not more frequently than every two (2) years, if, m the commercially reasonable opinion of any mortgagee of Landlord or of the insurance broker retained by Landlord, the amount of liability insurance coverage at that time is not adequate, Tenant shall increase its liability insurance coverage as required by either any mortgagee of Landlord or Landlord’s insurance broker. Whenever, in Landlord’s reasonable judgment, good business practice or change in conditions indicate a need for additional or different types of insurance, Tenant shall, within fifteen (15) days of receipt of Landlord’s request therefor, obtain the insurance at its own expense.

Tenant’s Liability Insurance. (a) Tenant (with respect to both the Leased Premises and the ProjectCommon Areas) shall secure and maintain, at its own expense, at all times during the Term (including any early access period)Term, a policy or policies of commercial general liability insurance with the premiums thereon fully paid in advance, protecting Tenant and naming Landlord, the holders of any deeds of trust, mortgages or ground leases on the Project, and Landlord’s 's representatives (which term, whenever used in this Article 7, shall be deemed to include Landlord’s 's partners, trustees, ancillary trustees, officers, directors, shareholders, beneficiaries, agents, employees and independent contractors) as additional insureds against claims for bodily injury, personal injury, advertising injury and property damage (including attorneys’ ' fees) based upon, involving or arising out of Tenant’s 's operations, assumed liabilities or Tenant’s 's use, occupancy or maintenance of the Leased Premises and the Common Areas of the Project. Such insurance shall provide for a minimum amount of Two Million Dollars ($2,000,000.00) for property damage or injury to or death of one or more than one person in any one accident or occurrence, with an annual aggregate limit of at least Five Four Million Dollars ($5,000,000.004,000,000.00). The coverage required to be carried shall include fire legal liability, blanket contractual liability, personal injury liability (libel, slander, false arrest and wrongful eviction), broad form property damage liability, products liability and completed operations coverage (as well as owned, non-owned and hired automobile liability if an exposure exists) and the policy shall contain an exception to any pollution exclusion which insures damage or injury arising out of heat, smoke or fumes from a hostile fire. Such insurance shall be written on an occurrence basis and contain a separation of insureds provision or cross-liability endorsement acceptable to Landlord. Tenant shall provide Landlord with a certificate evidencing such insurance coverage. The certificate shall indicate that the insurance provided specifically recognizes the liability assumed by Tenant under this Lease (including without limitation performance by Tenant under Section 7.04) and that Tenant’s 's insurance is primary to and not contributory with any other insurance maintained by Landlord, whose insurance shall be considered excess insurance only. Not Following the initial Term of the Lease, not more frequently than that every two (2) years, if, m in the commercially reasonable opinion of any mortgagee of Landlord or of the insurance broker retained by Landlord, the amount of liability insurance coverage at that time is not adequate, then Tenant shall increase its liability insurance coverage as reasonably required by either any mortgagee of Landlord or Landlord’s 's insurance broker. Whenever, in Landlord’s reasonable judgment, good business practice or change in conditions indicate a need for additional or different types . (b) Subject to Section 5.08 of insurancethis Lease, Tenant shall, within fifteen at Tenant's expense, comply with (15i) days all insurance company requirements pertaining to the use of receipt the Leased Premises and (ii) all rules, orders, regulations or requirements of Landlord’s request therefor, obtain the insurance at its own expenseAmerican Insurance Association (formerly the National Board of Fire Underwriters) and with any similar body.

Tenant’s Liability Insurance. (a) Tenant (with respect to both the Leased Premises and the Project) shall secure and maintain, at its own expense, at all times during the Term (including any early access period)Term, a policy or policies of commercial general liability insurance with the premiums thereon fully paid in advanceby the installment due date, protecting Tenant and naming Landlord, the holders of any deeds of trust, mortgages or ground leases on the Project, and Landlord’s 's representatives (which term, whenever used in this Article ARTICLE 7, shall be deemed to include Landlord’s 's partners, trustees, ancillary trustees, officers, directors, shareholders, beneficiaries, agents, employees and independent contractors) as additional insureds against claims for bodily injury, personal injury, advertising injury and property damage (including attorneys’ ' fees) based upon, involving or arising out of Tenant’s 's operations, assumed liabilities or Tenant’s 's use, occupancy or maintenance of the Leased Premises and the Common Areas of the Project. Such insurance shall provide for a minimum amount of Two Million Dollars ($2,000,000.00) for property damage or injury to or death of one or more than one person in any one accident or occurrence, with an annual aggregate limit of at least Five Four Million Dollars ($5,000,000.004,000,000.00). The coverage required to be carried shall include fire legal liability, blanket contractual liability, personal injury liability (libel, slander, false arrest and wrongful eviction), broad form property damage liability, products liability and completed operations coverage (as well as owned, non-owned and hired automobile liability if an exposure exists) and the policy shall contain an exception to any pollution exclusion which insures damage or injury arising out of heat, smoke or fumes from a hostile fire. Such insurance shall be written on an occurrence basis and contain a separation of insureds provision or cross-liability endorsement acceptable to Landlord. Tenant shall provide Landlord with a certificate evidencing such insurance coverage. The certificate shall indicate that the insurance provided specifically recognizes the liability assumed by Tenant under this Lease (including without limitation performance by Tenant under SECTION 7.04) and that Tenant’s 's insurance is primary to and not contributory with any other insurance maintained by Landlord, whose insurance shall be considered excess insurance only. Not more frequently than every two (2) years, if, m in the commercially reasonable opinion of any mortgagee of Landlord or of the insurance broker retained by Landlord, the amount of liability insurance coverage at that time is not adequate, then Tenant shall increase its liability insurance coverage as required by either any mortgagee of Landlord or Landlord’s 's insurance broker. Whenever, in Landlord’s reasonable judgment, good business practice or change in conditions indicate a need for additional or different types of insurance, . (b) Tenant shall, within fifteen at Tenant's expense, comply with (15i) days all insurance company requirements pertaining to the use of receipt the Leased Premises and (ii) all rules, orders, regulations or requirements of Landlord’s request therefor, obtain the insurance at its own expenseAmerican Insurance Association (formerly the National Board of Fire Underwriters) and with any similar body.

Tenant’s Liability Insurance. Tenant (with respect agrees that it will hold Landlord and any agent of Landlord harmless from any and all injury or damage to both person or property in, on or about the Leased Demised Premises and the Projectportion of sidewalk immediately adjoining the Demised Premises, including, without limitation, all costs, expenses, claims or suits arising in connection therewith; provided, however, that this clause shall not apply to injury or damage caused by Landlord’s own negligence or willful act or Landlord’s failure to make any repair (which Landlord has herein agreed to make) shall secure and maintain, at its own expensewithin a reasonable time after Tenant’s written notice of the need therefore. Tenant will, at all times during the Term (including any early access period)term hereof, at its own cost and expense, carry with a policy company or policies of commercial general companies, satisfactory to Landlord, public liability insurance with the premiums thereon fully paid in advance, protecting Tenant and naming Landlord, the holders of any deeds of trust, mortgages or ground leases on the Project, and Landlord’s representatives (which term, whenever used in this Article 7, shall be deemed to include Landlord’s partners, trustees, ancillary trustees, officers, directors, shareholders, beneficiaries, agents, employees and independent contractors) as additional insureds against claims for bodily injury, personal injury, advertising injury and property damage (including attorneys’ fees) based upon, involving or arising out of Tenant’s operations, assumed liabilities or Tenant’s use, occupancy or maintenance of the Leased Demised Premises and the adjoining Common Areas Areas, with limits of the Project. Such insurance shall provide for a minimum amount of not less than Two Million Dollars ($2,000,000.00) (provided that Tenant’s coverage shall be no greater than at its other satellite wagering facilities) for property damage or injury to or death of to one person and One Million Dollars ($1,000,000.00) for injury or death to more than one person in any one accident or occurrence, with an annual aggregate limit and property damage of at least Five Million One Hundred Thousand Dollars ($5,000,000.00). The coverage required to be carried shall include fire legal liability, blanket contractual liability, personal injury liability (libel, slander, false arrest and wrongful eviction100,000.00), broad form property damage liability, products liability and completed operations coverage (as well as owned, non-owned and hired automobile liability if an exposure exists) and the policy shall contain an exception to any pollution exclusion which insures damage or injury arising out of heat, smoke or fumes from a hostile fire. Such insurance shall be written on an occurrence basis or endorsed so as to protect Landlord, any agent of Landlord and Tenant, as their respective interests may appear. Said policy or policies shall contain a separation provision insuring Tenant against all liability which Tenant might have under this hold harmless provision, except Landlord’s negligence or willful act Tenant covenants that certificates of insureds provision or cross-liability endorsement acceptable to Landlord. Tenant shall provide Landlord with a certificate evidencing all such insurance coveragepolicies shall be delivered to Landlord promptly upon request . The certificate shall indicate that the If Tenant fails to provide such insurance provided specifically recognizes the liability assumed by Tenant under this Lease and that Tenant’s insurance is primary to and not contributory with any other insurance maintained by within five (5) days after receiving written notice from Landlord, whose Landlord may, but shall not be required to, obtain such insurance shall be considered excess insurance only. Not more frequently than every two (2) years, if, m and collect the commercially reasonable opinion of any mortgagee of Landlord or cost thereof as a part of the insurance broker retained by Landlord, the amount of liability insurance coverage at that time is not adequate, Tenant shall increase its liability insurance coverage as required by either any mortgagee of Landlord or Landlord’s insurance broker. Whenever, in Landlord’s reasonable judgment, good business practice or change in conditions indicate a need for additional or different types of insurance, Tenant shall, within fifteen (15) days of receipt of Landlord’s request therefor, obtain the insurance at its own expenserent herein reserved.

Tenant’s Liability Insurance. (a) Tenant (with respect to both the Leased Premises and the Project) shall secure and maintain, at its own expense, at all times during the Term (including any early access period)Term, a policy or policies of commercial general liability insurance with the premiums thereon fully thereto paid in advance, protecting Tenant and naming Landlord, the holders of any deeds of trust, mortgages or ground leases on the Project, and Landlord’s 's representatives (which term, whenever used in this Article 7, shall be deemed to include Landlord’s 's partners, trustees, ancillary trustees, officers, directors, shareholders, beneficiaries, agents, employees and independent contractors) as additional insureds against claims for bodily injury, personal injury, advertising injury and property damage (including attorneys’ ' fees) based upon, involving or arising out of Tenant’s 's operations, assumed liabilities or Tenant’s 's use, occupancy or maintenance of the Leased Premises and the Common Areas of the Project. Such insurance shall provide for a minimum amount of Two Million Dollars ($2,000,000.00) for property damage or injury to or death of one or more than one person in any one accident or occurrence, with an annual aggregate limit of at least Five Two Million Dollars ($5,000,000.002,000,000.00). The coverage required to be carried shall include fire legal liability, blanket contractual liability, personal injury liability (libel, slander, false arrest and wrongful eviction), broad form property damage liability, products liability and completed operations coverage (as well as owned, non-owned and hired automobile liability if an exposure exists) and the policy shall contain an exception to any pollution exclusion which insures damage or injury arising out of heat, smoke or fumes from a hostile fire. Such insurance shall be written on an occurrence basis and contain a separation of insureds provision or cross-liability endorsement acceptable to Landlord. Tenant shall provide Landlord with a certificate evidencing such insurance coverage. The certificate shall indicate that the insurance provided specifically recognizes the liability assumed by Tenant under this Lease (including without limitation performance by Tenant under Section 7.04) and that Tenant’s 's insurance is primary to and not contributory with any other insurance maintained by Landlord, whose insurance shall be considered excess insurance only. Not more frequently than every two (2) years, if, m in the commercially reasonable opinion of any mortgagee of Landlord or of the insurance broker retained by Landlord, the amount of liability insurance coverage at that time is not adequate, then Tenant shall increase its liability insurance coverage as required by either any mortgagee of Landlord or Landlord’s 's insurance broker. Whenever, in Landlord’s reasonable judgment, good business practice or change in conditions indicate a need for additional or different types of insurance, . (b) Tenant shall, within fifteen at Tenant's expense, comply with (15i) days all insurance company requirements pertaining to the use of receipt the Leased Premises and (ii) all rules, orders, regulations or requirements of Landlord’s request therefor, obtain the insurance at its own expenseAmerican Insurance Association (formerly the National Board of Fire Underwriters) and with any similar body.

Tenant’s Liability Insurance. Tenant (with respect to both the Leased Premises and the Project) shall secure and maintain, at its own expense, at all times during the Term (including any early access period), a policy or policies of commercial general liability insurance with the premiums thereon fully paid in advance, protecting Tenant and naming Landlord, the holders of any deeds of trust, mortgages or ground leases on the Project, and Landlord’s representatives (which term, whenever used in this Article 7, shall be deemed to include Landlord’s partners, members, asset managers, property managers, trustees, ancillary trustees, officers, directors, shareholders, beneficiaries, agents, employees and independent contractors) as additional insureds against by endorsement(s) acceptable to Landlord, in the form specified under Section 7.3(c) below, providing coverage for claims for bodily injury, personal injury, advertising injury and property damage (including attorneys’ fees) based upon, involving or arising out of Tenant’s operations, assumed liabilities or Tenant’s use, occupancy or maintenance of the Leased Premises and the Common Areas of the Project. Such insurance shall provide for a minimum amount of Two Million Dollars ($2,000,000.00) for property damage or injury to injury, bodily injury, or death of one or more than one person in any one accident or occurrence, with an annual aggregate limit of at least Five Three Million Dollars ($5,000,000.003,000,000.00). The coverage required to be carried shall include fire legal liability, blanket contractual liability, personal injury liability (libel, slander, false arrest and wrongful eviction), broad form property damage liabilitydamage, medical payments, products liability and completed operations coverage (as well as owned, non-owned and hired automobile liability if an exposure exists) and the policy shall contain an exception to any pollution exclusion which insures damage or injury arising out of heat, smoke or fumes from a hostile fire. Such insurance shall be written on an occurrence basis and contain a separation of insureds provision or cross-liability endorsement acceptable to Landlord. Tenant shall provide Landlord with a certificate evidencing such insurance coverage. The certificate shall indicate that the insurance provided specifically recognizes the liability assumed by Tenant under this Lease and that Tenant’s insurance is primary to and not contributory (and Tenant shall provide Landlord with evidence of a primary and non-contributory endorsement) with any other insurance maintained by Landlord, whose insurance shall be considered excess insurance only. Not more frequently than every two (2) years, if, m in the commercially reasonable opinion of any mortgagee of Landlord or of the insurance broker retained by Landlord, the amount of liability insurance coverage at that time is not adequate, then Tenant shall increase its liability insurance coverage as required by either any mortgagee of Landlord or Landlord’s insurance broker. Whenever, in Landlord’s reasonable judgment, good business practice or change in conditions indicate a need for additional or different types of insuranceinsurance (but in no event greater than the coverage being required of comparable tenants by comparable landlords of Comparable Buildings [as defined in Section 8.1]), Tenant shall, within fifteen (15) days of receipt of Landlord’s request therefor, obtain the insurance at its own expense.

Tenant’s Liability Insurance. (i) Tenant (with respect to both the Leased Premises and the ProjectProperty) shall secure and maintain, at its own expense, at all times during the Term (including any early access period)Term, a policy or policies of commercial general liability insurance with the premiums thereon fully paid in advance, protecting Tenant and naming Landlord, the holders of any deeds of trust, mortgages or ground leases on the ProjectProperty, and Landlord’s 's representatives (which term, whenever used in this Article 7, shall be deemed to include Landlord’s partners, trustees, ancillary trustees, officers, directors, shareholders, beneficiaries, agents, employees and independent contractors) as additional insureds against claims for bodily injury, personal injury, advertising injury and property damage (including reasonable attorneys’ ' fees) based upon, involving or arising directly or indirectly out of Tenant’s 's operations, assumed liabilities or Tenant’s 's use, occupancy or maintenance of the Leased Premises and the Common Areas of the ProjectProperty. Such insurance shall provide for a minimum amount of Two One Million Dollars ($2,000,000.001,000,000) for property damage or injury to or death of one or more than one person in any one accident or occurrence, with an annual aggregate limit of at least Five Two Million Dollars ($5,000,000.00)2,000,000) and One Million Dollars ($1,000,000) in excess liability coverage. The coverage required to be carried shall include fire legal liability, blanket contractual liability, personal injury liability (libel, slander, false arrest and wrongful eviction), broad form property damage liability, products liability and completed operations coverage (as well as owned, non-owned and hired automobile liability if an exposure exists) and the policy shall contain an exception to any pollution exclusion which insures damage or injury arising out of heat, smoke or fumes from a hostile fire). Such insurance shall be written on an occurrence basis and contain a separation of insureds insured’s provision or cross-liability endorsement acceptable to Landlord. Tenant shall provide Landlord with a certificate evidencing such insurance coveragecoverage prior to the Commencement Date. The certificate shall indicate that the insurance provided specifically recognizes the liability assumed by Tenant under this Lease and that Tenant’s 's insurance is primary to and not contributory with any other insurance maintained by Landlord, whose insurance shall be considered excess insurance only. Not more frequently than every two ; (2ii) years, if, m the commercially reasonable opinion of any mortgagee of Landlord or of the insurance broker retained by Landlord, the amount of liability insurance coverage at that time is not adequate, Tenant shall increase its liability insurance coverage as required by either any mortgagee of Landlord or Landlord’s insurance broker. Whenever, in Landlord’s reasonable judgment, good business practice or change in conditions indicate a need for additional or different types of insurance, Tenant shall, within fifteen at Tenant's expense, comply with (15i) days all insurance company requirements pertaining to the use of receipt the Premises and (ii) all rules, orders, regulations or requirements of Landlord’s request therefor, obtain the insurance at its own expenseAmerican Insurance Association (formerly the National Board of Fire Underwriters) and any similar body.

Tenant’s Liability Insurance. (a) Tenant (with respect to both shall obtain and keep in force and effect during the Leased Premises and the Project) shall secure and maintainTerm, at its own cost and expense, at all times during the Term (including any early access period), a policy or policies of commercial general liability insurance with insurance, on an occurrence basis, in an amount of not less than One Million Dollars ($1,000,000), and a general aggregate limit of not less than Two Million Dollars ($2,000,000), for injury, death, property damage or other loss arising out of any one occurrence or in the premiums thereon fully paid in advanceaggregate, protecting Tenant as insured, and naming Landlord, the holders of any deeds of trust, mortgages or ground leases on the Project, and Landlord’s representatives (which termAffiliates, whenever used in this Article 7, shall be deemed to include Landlord’s partnersmortgagees, trustees, ancillary trustees, officers, directors, shareholders, beneficiaries, agents, employees property managers and independent contractors) managing agents as additional insureds (“Additional Insureds”), on a primary and non-contributory basis, against any and all claims for bodily injury, personal injury, advertising injury and death, property damage (including attorneys’ fees) based or other loss occurring in, upon, involving adjacent to or connected with the Premises or any part thereof. The policy shall not contain any intra- insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Lease as an “insured contract” for the performance of Tenant’s indemnity obligations under this Lease. The policy shall cover host liquor liability exposure, and should contemplate coverage for pollution liability claims arising out of Tenant’s operations, assumed liabilities Bodily Injury or Tenant’s use, occupancy or maintenance of the Leased Premises and the Common Areas of the Project. Such insurance shall provide for a minimum amount of Two Million Dollars ($2,000,000.00) for property damage or injury to or death of one or more than one person in any one accident or occurrence, with an annual aggregate limit of at least Five Million Dollars ($5,000,000.00). The coverage required to be carried shall include fire legal liability, blanket contractual liability, personal injury liability (libel, slander, false arrest and wrongful eviction), broad form property damage liability, products liability and completed operations coverage (as well as owned, non-owned and hired automobile liability if an exposure exists) and the policy shall contain an exception to any pollution exclusion which insures damage or injury Property Damage arising out of heat, smoke or fumes from caused by a hostile fire. Such A Waiver of Subrogation shall be provided in favor of Landlord, Landlord’s Affiliates and each as Additional Insureds. Landlord may from time to time during the Term increase the coverages required of Tenant hereunder to that customarily carried in the area in which the Premises is located on property similar in use, amenity and size to the Premises; and ​ (b) Tenant further agrees to maintain: (a) workers’ compensation insurance with a limit of liability as required by law to be maintained, including a Waiver of Subrogation in favor of Landlord, Landlord’s Affiliates and each Additional Insured; (b) employer's liability insurance with a minimum limit of coverage of One Million Dollars ($1,000,000), including a Waiver of Subrogation in favor of Landlord, Landlord’s Affiliates and each Additional Insured; (c) so called “Special Form” insurance coverage for all of its contents, furniture, furnishings, equipment, improvements, fixtures and personal property located at the Premises providing protection in an amount equal to one hundred percent (100%) of the replacement cost basis of said items, (subject to reasonable deductible amounts) without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance; (d) business interruption and extra expense insurance coverage(s) reasonably satisfactory to Landlord but not to exceed Tenant’s rental obligations under this Lease; (e) automobile liability insurance covering all owned, hired, and non-owned vehicles with a combined single limit of not less than One Million Dollars ($1,000,000); and (f) a minimum umbrella liability limit of Three Million Dollars ($3,000,000) covering any general commercial liability, employer’s liability, and auto liability policies, with the Additional Insureds and Waiver of Subrogation provisions mirroring the underlying policies. With respect to automobile liability insurance, Landlord, Landlord’s mortgagees, property managers and managing agents shall be afforded additional insured status on a primary and non-contributory basis, and Waiver of Subrogation shall be provided in favor of Landlord and Landlord’s Affiliates; and (c) The insurance required hereunder shall be written on an occurrence basis in form and contain substance reasonably satisfactory to Landlord consistent with prevailing requirements for similar properties and uses within the location of the Property by a separation good and solvent insurance company of insureds provision or cross-liability endorsement acceptable recognized standing, admitted to do business in Massachusetts, with a general policyholder’s rating of not less than A- VIII (as rated in the most current Best’s Insurance Reports), which company shall be reasonably satisfactory to Landlord. Tenant shall provide Landlord with a certificate evidencing procure, maintain and place such insurance coverage. The certificate and pay all premiums and charges therefor, and upon failure to pay all premiums and charges when due and payable (and without limiting any other remedies on account thereof), Landlord may, upon reasonable prior notice to Tenant and Tenant’s continued failure to procure the same, but shall indicate not be obligated to, procure, maintain and place such insurance or make such payments, and in such event, Tenant agrees to pay the amount thereof to Landlord on demand, as additional rent hereunder; and ​ (d) Tenant shall cause to be included in all such insurance policies a provision to the effect that the insurance provided specifically recognizes same will be non-cancelable except upon thirty (30) days written notice to Landlord. Prior to the liability assumed by Tenant under this Lease and that Tenant’s insurance is primary to and not contributory with any other insurance maintained by LandlordCommencement Date, whose the appropriate certificates of insurance shall be considered excess insurance onlydeposited with the Landlord. Not more frequently than every two Any renewals, replacements and endorsements shall also be deposited with Landlord, in the case of renewals, same shall be so deposited at least thirty (230) years, if, m days prior to the commercially reasonable opinion of any mortgagee of Landlord or expiration of the prior policy; and ​ (e) Landlord and Tenant mutually agree that, with respect to any hazard which is covered by property insurance broker retained then being carried by Landlordthem, respectively, the one carrying such insurance and suffering such loss releases the other of and from any and all claims with respect to such loss, to the extent of such coverage; and they further mutually agree that their respective insurance companies shall have no right of subrogation against the other on account thereof. Such waiver shall be included in the policy, or such other party shall be named as an additional insured in such policy, and the other party shall reimburse the party paying such premium the amount of liability insurance coverage such extra premium. Each such policy which shall so name a party hereto as an additional insured shall contain the agreement of the insurer that the policy will not be canceled without at least thirty (30) days’ notice to both insureds and that time is the act or omission of an insured shall not adequate, Tenant shall increase its liability insurance coverage invalidate the policy as required by either any mortgagee of Landlord or Landlord’s insurance broker. Whenever, in Landlord’s reasonable judgment, good business practice or change in conditions indicate a need for additional or different types of insurance, Tenant shall, within fifteen (15) days of receipt of Landlord’s request therefor, obtain to the insurance at its own expenseother insured.

Tenant’s Liability Insurance. Tenant shall maintain the following insurance (with respect to both the Leased Premises and the Project) shall secure and maintain“Tenant’s Insurance”), at its own sole cost and expense, at all times during the Term : (including any early access period), a policy or policies of a) commercial general liability insurance applicable to the Premises and its appurtenances providing, on an occurrence basis, a per occurrence limit of no less than $1,000,000; (b) causes of loss-special form (formerly “all risk”) property insurance, including flood and earthquake, covering all above Building standard leasehold improvements (including Tenant’s Work and any Alterations) and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”) in the amount of the full replacement cost thereof; (c) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (d) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (e) workers’ compensation insurance as required by the premiums thereon fully paid state in advancewhich the Premises is located and in amounts as may be required by applicable statute (provided, protecting however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000); (f) employer’s liability insurance in an amount of at least $500,000 per occurrence; (g) liquor liability insurance providing, on an occurrence basis, a per occurrence limit of not less than $1,000,000; and naming (h) umbrella liability insurance that follows form in excess of the limits specified in (a), (d), (f) and (g) above, of no less than $4,000,000 per occurrence and in the aggregate. Any company underwriting any of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, a Best’s rating of not less than A- and a Financial Size Category of not less than VIII. All commercial general liability, business automobile liability and umbrella liability insurance policies shall name Landlord (or any successor), Landlord’s property manager, the holders of any deeds of trust, mortgages or ground leases on the ProjectLandlord’s mortgagee (if any), and Landlord’s representatives (which termtheir respective members, whenever used in this Article 7principals, shall be deemed to include Landlord’s beneficiaries, partners, trustees, ancillary trustees, officers, directors, shareholdersemployees, beneficiaries, and agents, employees and independent contractorsother designees of Landlord as the interest of such designees shall appear, as “additional insureds” and shall be primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below seventy-five (75%) as additional insureds against claims for bodily injuryof the limit required by this Lease, personal injury, advertising injury and property damage (including attorneys’ fees) based upon, involving or arising out Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s operations, assumed liabilities or Tenant’s use, occupancy or maintenance of Insurance shall contain endorsements that the Leased Premises insurer(s) shall give Landlord and the Common Areas of the Project. Such insurance shall provide for a minimum amount of Two Million Dollars ($2,000,000.00) for property damage or injury to or death of one or more than one person in any one accident or occurrence, with an annual aggregate limit of its designees at least Five Million Dollars thirty ($5,000,000.00). The coverage required to be carried shall include fire legal liability30) days’ advance written notice of any change, blanket contractual liabilitycancellation, personal injury liability (libel, slander, false arrest and wrongful eviction), broad form property damage liability, products liability and completed operations coverage (as well as owned, non-owned and hired automobile liability if an exposure exists) and the policy shall contain an exception to any pollution exclusion which insures damage termination or injury arising out lapse of heat, smoke or fumes from a hostile fire. Such insurance shall be written on an occurrence basis and contain a separation of insureds provision or cross-liability endorsement acceptable to Landlordinsurance. Tenant shall provide Landlord with a certificate of insurance and all required endorsements evidencing such Tenant’s Insurance prior to the earlier to occur of the Commencement Date or the date Tenant is provided access to the Premises for any reason, and upon renewals at least ten (10) days prior to the expiration of the insurance coverage. All of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The certificate shall indicate that the insurance provided specifically recognizes the liability assumed by Tenant under this Lease and that limits of Tenant’s insurance is primary to and shall not contributory with any other insurance maintained by Landlord, whose insurance shall be considered excess insurance only. Not more frequently than every two (2) years, if, m the commercially reasonable opinion of any mortgagee of Landlord or of the insurance broker retained by Landlord, the amount of limit Tenant’s liability insurance coverage at that time is not adequate, Tenant shall increase its liability insurance coverage as required by either any mortgagee of Landlord or Landlord’s insurance broker. Whenever, in Landlord’s reasonable judgment, good business practice or change in conditions indicate a need for additional or different types of insurance, Tenant shall, within fifteen (15) days of receipt of Landlord’s request therefor, obtain the insurance at its own expenseunder this Lease.

Tenant’s Liability Insurance. Tenant (with respect to both the Leased Premises and the Project) shall secure and maintain, at its own expense, at all times during the Term (including any early access period), a policy or policies of commercial general liability insurance with the premiums thereon fully paid in advance, protecting Tenant and naming Landlord, the holders of any deeds of trust, mortgages or ground leases on the Project, and Landlord’s representatives (which term, whenever used in this Article 7, shall be deemed to include Landlord’s partners, trustees, ancillary trustees, officers, directors, shareholders, beneficiaries, agents, employees and independent contractors) as additional insureds against claims for bodily injury, personal injury, advertising injury and property damage (including attorneys’ fees) based upon, involving or arising out of Tenant’s operations, assumed liabilities or Tenant’s use, occupancy or maintenance of the Leased Premises and the Common Areas of the Project. Such insurance shall provide for a minimum amount of Two Million Dollars ($2,000,000.00) for property damage or injury to injury, bodily injury, or death of one or more than one person in any one accident or occurrence, with an annual aggregate limit of at least Five Million Dollars ($5,000,000.00). The coverage required to be carried shall include fire legal liability, blanket contractual liability, personal injury liability (libel, slander, false arrest and wrongful eviction), broad form property damage liabilitydamage, medical payments, products liability and completed operations coverage (as well as owned, non-owned and hired automobile liability if an exposure exists) and the policy shall contain an exception to any pollution exclusion which insures damage or injury arising out of heat, smoke or fumes from a hostile fire; notwithstanding the foregoing, completed operations coverage shall not be required provided Tenant is engaged only in research and development activities and does not have any sponsored human clinical trials and is not engaged in the production, manufacturing, marketing and/or sale of any products for human trials or use (collectively, “Production Activities”), however, prior to commencing any Production Activities, Tenant shall notify Landlord in writing and shall add completed operations liability insurance to its coverages. Such insurance shall be written on an occurrence basis and contain a separation of insureds provision or cross-liability endorsement acceptable to Landlord. Tenant shall provide Landlord with a certificate evidencing such insurance coverage. The certificate shall indicate that the insurance provided specifically recognizes the liability assumed by Tenant under this Lease and that Tenant’s insurance is primary to and not contributory (and Tenant shall provide Landlord with evidence of a primary and non-contributory endorsement) with any other insurance maintained by Landlord, whose insurance shall be considered excess insurance only. Not more frequently than every two (2) years, if, m in the commercially reasonable opinion of any mortgagee of Landlord or of the insurance broker retained by Landlord, the amount of liability insurance coverage at that time is not adequate, then Tenant shall increase its liability insurance coverage as required by either any mortgagee of Landlord or Landlord’s insurance broker. Whenever, in Landlord’s reasonable judgment, good business practice or change in conditions indicate a need for additional or different types of insurance, Tenant shall, within fifteen (15) days of receipt of Landlord’s request therefor, obtain the insurance at its own expense.

Tenant’s Liability Insurance. Tenant (with respect to both the Leased Premises and the ProjectPremises) shall secure and maintain, at its own expense, at all times during the Term (including any early access period)Term, a policy or policies of commercial general liability insurance with the premiums thereon fully paid in advanceon a current basis, protecting Tenant and naming Landlord, the holders of any deeds of trust, mortgages or ground leases on the Project, and Landlord’s representatives (which term, whenever used in this Article 7, shall be deemed to include Landlord’s partners, trustees, ancillary trustees, officers, directors, shareholders, beneficiaries, agents, employees and independent contractors) as additional insureds against claims for bodily injury, personal injury, advertising injury and property damage (including attorneys’ fees) based upon, involving or arising out of Tenant’s operations, assumed liabilities or Tenant’s use, occupancy or maintenance of the Leased Premises and the Common Areas of the Project. Such insurance shall provide for a minimum amount of Two Million Dollars ($2,000,000.00) for property damage or injury to injury, bodily injury, or death of one or more than one person in any one accident or occurrence, with an annual aggregate limit of at least Five Million Dollars ($5,000,000.00). The coverage required to be carried shall include fire legal liability, blanket contractual liability, personal injury liability (libel, slander, false arrest and wrongful eviction), broad form property damage liabilitydamage, medical payments, products liability and completed operations coverage (as well as owned, non-owned and hired automobile liability if an exposure exists) and the policy shall contain an exception to any pollution exclusion which insures damage or injury arising out of heat, smoke or fumes from a hostile fire. Such insurance shall be written on an occurrence basis and contain a an industry-standard separation of insureds provision or cross-liability endorsement acceptable to Landlordendorsement. Tenant shall provide Landlord with a certificate evidencing such insurance coverage. The certificate shall indicate that the insurance provided specifically recognizes the bodily injury and property damage liability assumed by Tenant under this Lease and that Tenant’s insurance is primary to and not contributory (and Tenant shall provide Landlord with evidence of a primary and non-contributory coverage) with any other insurance maintained by Landlord, whose insurance shall be considered excess insurance only. Not more frequently than every two (2) years, if, m the commercially reasonable opinion of any mortgagee of if Landlord or of the insurance broker retained by Landlord, Landlord or any mortgagee of Landlord reasonably determines that the amount of liability insurance coverage at that time is not adequate, which determination shall be based upon a review of liability insurance limits maintained by similarly situated companies and such analysis shall be provided to Tenant for its review, then Tenant shall increase its liability insurance coverage as required to meet such requirement within thirty (30) days of receipt of the analysis by either any mortgagee of Landlord or Landlord’s insurance brokerbroker or Landlord’s mortgagee. Whenever, in Landlord’s reasonable judgment, good business practice or change in conditions indicate a need for necessitate additional or different types of insurance, Tenant shall, within fifteen thirty (1530) days of receipt of Landlord’s request therefor, obtain the insurance at its own expense.

Tenant’s Liability Insurance. Tenant (with respect to both the Leased Premises and the Project) shall secure and maintain, at its own expense, at all times during the Term (including any early access period)Term, a policy or policies of commercial general liability insurance with the premiums thereon fully paid in advance, protecting Tenant and naming Landlord, the holders of any deeds of trust, mortgages Holders or ground leases lessors on the Project, and Landlord’s representatives (which term, whenever used in this Article 711, shall be deemed to include Landlord’s asset manager, Bay West Group, Bay West Showplace Investors LLC, Landlord’s partners, trustees, ancillary trustees, any subsidiary or affiliate of Landlord and the officers, directors, shareholders, beneficiariespartners, agentsemployees, employees managers, independent contractors and independent contractorsagents of any of the foregoing) as additional insureds against claims for bodily injury, personal injury, advertising injury and property damage (including attorneys’ fees) based upon, involving or arising directly or indirectly out of Tenant’s or its agents, employees, contractors, subcontractors, invitees, subtenants or licensees’ operations, assumed liabilities or Tenant’s use, occupancy or maintenance of the Leased Premises and the Common Areas of the Project. Such insurance shall provide for a minimum amount of Two Three Million Dollars ($2,000,000.003,000,000.00) for property damage or injury to or death of one or more than one person in any one accident or occurrence, with an annual aggregate limit of at least Five Million Dollars ($5,000,000.00), which insurance may be provided in a combination of primary and excess limits. The coverage required to be carried shall include fire legal liability, blanket contractual liability, personal injury liability (libel, slander, false arrest and wrongful eviction)liability, broad form property damage liability, products liability and completed operations coverage (as well as owned, non-owned and hired automobile liability if an exposure exists) and the policy shall contain an exception to any pollution exclusion which insures should bodily injury or property damage or injury arising arise out of heat, smoke or fumes from a hostile fire. The foregoing policies carried by Tenant shall be primary to any other insurance maintained by Landlord. Such insurance shall be written on an occurrence basis and contain a separation of insureds provision or cross-liability endorsement acceptable to Landlord. Tenant shall provide Landlord with a certificate evidencing such insurance coverage. The certificate shall indicate that coverage prior to the insurance provided specifically recognizes the liability assumed by Tenant under this Lease and that Tenant’s insurance is primary to and not contributory with any other insurance maintained by Landlord, whose insurance shall be considered excess insurance onlyCommencement Date. Not more frequently than every two (2) yearsyears during the Extension Period or during any other extension of the term of this Lease, if, m in the commercially reasonable opinion of any mortgagee of Landlord Holder (as defined in Section 9.1) or of the insurance broker retained by Landlord, the amount of liability insurance coverage at that time is not adequate, then Tenant shall increase its liability insurance coverage as required by either any mortgagee of Landlord or Landlord’s insurance broker, provided such increased amount shall not materially exceed the greater of (a) those amounts normally required for comparable buildings in the geographic area of the Project or (b) those amounts required to provide Landlord with the same relative protection as the amounts set forth above as of the date of this Lease. Whenever, in Landlord’s reasonable judgment, good business practice or change in conditions indicate a need for additional or different types of insurance, Tenant shall, within fifteen at Tenant’s expense, comply with (15i) days all insurance company requirements pertaining to the use of receipt the Premises and (ii) all rules, orders, regulations or requirements of Landlord’s request therefor, obtain the insurance at its own expenseAmerican Insurance Association (formerly the National Board of Fire Underwriters) and any similar body.