Common use of Tenant’s Liability Insurance Clause in Contracts

Tenant’s Liability Insurance. (a) Tenant (with respect to both the Leased Premises and the Common Areas) shall secure and maintain, at its own expense, at all times during the 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 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 Four Million Dollars ($4,000,000.00). 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 insurance is primary to and not contributory with any other insurance maintained by Landlord, whose insurance shall be considered excess insurance only. Following the initial Term of the Lease, not more frequently that every two (2) years, if, in the 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 insurance broker.

Appears in 2 contracts

Samples: Evolve Software Inc, Evolve Software Inc

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Tenant’s Liability Insurance. (a) Tenant (with respect to both the Leased Premises and the Common AreasProject) shall secure and maintain, at its own expense, at all times during the 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 ’s representatives (which term, whenever used in this Article 711, shall be deemed to include Landlord's ’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 ’s or its agents, employees, contractors, subcontractors, invitees, subtenants or licensees’ 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 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 Four Five Million Dollars ($4,000,000.005,000,000.00), 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 coveragecoverage prior to the Commencement Date. 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 insurance is primary to and not contributory with any other insurance maintained by Landlord, whose insurance shall be considered excess insurance only. Following the initial Term of the Lease, not Not more frequently that than every two (2) yearsyears during the Extension Period or during any other extension of the term of this Lease, if, in the 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 reasonably required by either any mortgagee of Landlord or Landlord's ’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. Tenant shall, at Tenant’s expense, comply with (i) all insurance company requirements pertaining to the use of the Premises and (ii) all rules, orders, regulations or requirements of the American Insurance Association (formerly the National Board of Fire Underwriters) and any similar body.

Appears in 1 contract

Samples: Advent Software Inc /De/

Tenant’s Liability Insurance. (a) Tenant (with respect to both the Leased Premises and the Common AreasProject) shall secure and maintain, at its own expense, at all times during the TermTerm (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 ’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 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 Four Five Million Dollars ($4,000,000.005,000,000.00). 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 (including without limitation performance by Tenant under Section 7.04) and that Tenant's ’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. Following the initial Term of the Lease, not Not more frequently that than every two (2) years, if, in the 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 of insurance, Tenant shall, within fifteen (15) days of receipt of Landlord’s request therefor, obtain the insurance at its own expense.

Appears in 1 contract

Samples: Lease (Metagenomi Technologies, LLC)

Tenant’s Liability Insurance. (a) Tenant (with respect to both the Leased Premises and the Common AreasProject) shall secure and maintain, at its own expense, at all times during the 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 representatives (which term, whenever used in this Article 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 Four Million Dollars ($4,000,000.00). 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 SECTION 7.04) 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. Following the initial Term of the Lease, not Not more frequently that than every two (2) years, if, in the 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 insurance broker.

Appears in 1 contract

Samples: Shopnow Com Inc

Tenant’s Liability Insurance. (a) Tenant (with respect to both the Leased Premises and the Common AreasProject) shall secure and maintain, at its own expense, at all times during the 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 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 Four Two Million Dollars ($4,000,000.002,000,000.00). 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 insurance is primary to and not contributory with any other insurance maintained by Landlord, whose insurance shall be considered excess insurance only. Following the initial Term of the Lease, not Not more frequently that than every two (2) years, if, in the 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 insurance broker.

Appears in 1 contract

Samples: Temporary Occupancy Agreement (Personify Inc)

Tenant’s Liability Insurance. (a) Tenant (with respect to both the Leased Premises and the Common AreasPremises) shall secure and maintain, at its own expense, at all times during the 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 ’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 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 Four Five Million Dollars ($4,000,000.005,000,000.00). 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 (including without limitation performance by Tenant under Section 7.04) and that Tenant's ’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. Following the initial Term of the Lease, not Not more frequently that than every two (2) years, if, in the 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 reasonably required to meet such requirement within thirty (30) days of receipt of the analysis by either any mortgagee of Landlord or Landlord's ’s insurance brokerbroker or Landlord’s mortgagee. Whenever, in Landlord’s reasonable judgment, good business practice or change in conditions necessitate additional or different types of insurance, Tenant shall, within thirty (30) days of receipt of Landlord’s request therefor, obtain the insurance at its own expense.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Exar Corp)

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Tenant’s Liability Insurance. (ai) Tenant (with respect to both the Leased Premises and the Common AreasProperty) shall secure and maintain, at its own expense, at all times during the 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 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 operations, assumed liabilities or Tenant'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 Four Two Million Dollars ($4,000,000.00)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 (including without limitation performance by Tenant under Section 7.04) 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. Following ; (ii) Tenant shall, at Tenant's expense, comply with (i) all insurance company requirements pertaining to the initial Term use of the LeasePremises and (ii) all rules, not more frequently that every two (2) yearsorders, if, in the opinion of any mortgagee of Landlord regulations or requirements of the insurance broker retained by Landlord, American Insurance Association (formerly the amount National Board of liability insurance coverage at that time is not adequate, then Tenant shall increase its liability insurance coverage as reasonably required by either Fire Underwriters) and any mortgagee of Landlord or Landlord's insurance brokersimilar body.

Appears in 1 contract

Samples: Agreement of Lease (Gse Systems Inc)

Tenant’s Liability Insurance. Tenant shall maintain the following insurance (“Tenant’s Insurance”), at its sole cost and expense: (a) Tenant (with respect to both the Leased Premises and the Common Areas) shall secure and maintain, at its own expense, at all times during the Term, a policy or policies of 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 ’s 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 Four Million Dollars thirty ($4,000,000.00). 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 limits of Tenant’s insurance shall indicate that the insurance provided specifically recognizes the not limit Tenant’s liability assumed by Tenant under this Lease (including without limitation performance by Tenant under Section 7.04) 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. Following the initial Term of the Lease, not more frequently that every two (2) years, if, in the 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 insurance broker.

Appears in 1 contract

Samples: Lease Agreement (American International Holdings Corp.)

Tenant’s Liability Insurance. (a) Tenant (with respect to both the Leased Premises and the Common AreasProject) shall secure and maintain, at its own expense, at all times during the TermTerm (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 ’s representatives (which term, whenever used in this Article 7, shall be deemed to include Landlord's ’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 ’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 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 Four Three Million Dollars ($4,000,000.003,000,000.00). 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 (including without limitation performance by Tenant under Section 7.04) and that Tenant's ’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. Following the initial Term of the Lease, not Not more frequently that than every two (2) years, if, in the 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 of insurance (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.

Appears in 1 contract

Samples: Aquinox Pharmaceuticals, Inc

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