Common use of Umbrella Liability Insurance Clause in Contracts

Umbrella Liability Insurance. The Contractor shall obtain, pay for and maintain umbrella liability insurance during the contract term, insuring the Contractor (or Subcontractor) for an amount of not less than the amount specified in the Special Conditions that provides coverage at least as broad as and applies in excess and follows form of the primary liability coverages required hereinabove. The policy shall provide "drop down" coverage where underlying primary insurance coverage limits are insufficient or exhausted. If the Contract is for asbestos abatement only, the "Umbrella" Excess Liability is not required. 5.2.3 Policies must include the following clauses, as applicable: 5.2.3.1 This insurance shall not be canceled, materially changed, or non-renewed until after thirty (30) days prior written notice has been given to the Owner. 5.2.3.2 It is agreed that the Contractor’s insurance shall be deemed primary with respect to any insurance or self insurance carried by the Owner for liability arising out of operations under the Contract with the Owner. 5.2.3.3 The Owner, its officials, directors, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured performed under contract with the Owner. The additional insured status must cover completed operations as well. This is not applicable to the workers’ compensation policy. 5.2.3.4 The workers’ compensation and employers’ liability policy will provide a waiver of subrogation in favor of the Owner. 5.2.4 Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall require each Subcontractor performing work under the Contract, at the Subcontractor's own expense, to maintain during the term of the Contract, the same stipulated minimum insurance including the required provisions and additional policy conditions as shown above. As an alternative, the Contractor may include its Subcontractors as additional insureds on its own coverage as prescribed under these requirements. The Contractor's certificate of insurance shall note in such event that the Subcontractors are included as additional insureds and that Contractor agrees to provide Workers’ Compensation for the Subcontractors and their employees. The Contractor shall obtain and monitor the certificates of insurance from each Subcontractor in order to assure compliance with the insurance requirements. The Contractor must retain the certificates of insurance for the duration of the Contract plus 5 years and shall have the responsibility of enforcing these insurance requirements among its Subcontractors. The Owner shall be entitled, upon request and without expense, to receive copies of these certificates.

Umbrella Liability Insurance. The Contractor Tenant shall obtain, pay for and maintain commercial umbrella liability insurance during the contract terminsurance, insuring the Contractor (or Subcontractor) for an amount with a limit of not less than the amount specified in the Special Conditions that provides $1,000,000 each loss. Coverage shall be written on ISO form CA 00 01 10 13 or a substitute form providing coverage at least as broad as All insurance required to be carried by Tenant hereunder shall be issued by one or more insurance companies reasonably acceptable to Landlord, licensed to do business in the State in which the Leased Premises is located and applies in excess having an AM Best's rating of A IX or better, and follows form Tenant will endeavor to provide no less than thirty (30) days' prior written notice to Landlord of the primary liability coverages required hereinabove. The policy shall provide "drop down" coverage where underlying primary insurance coverage limits are insufficient or exhausted. If the Contract is for asbestos abatement onlyany material change, the "Umbrella" Excess Liability is not required. 5.2.3 Policies must include the following clauses, as applicable: 5.2.3.1 This insurance shall not be canceled, materially changedcancellation, or non-renewed until after lapse in the aforementioned coverage. On or before the Commencement Date (or the date of any earlier entry or occupancy by Tenant), and thereafter, within thirty (30) days prior written notice has been given to the Owner. 5.2.3.2 It is agreed that the Contractor’s insurance expiration of each such policy, Tenant shall be deemed primary furnish Landlord with respect to any insurance or self insurance carried by the Owner for liability arising out of operations under the Contract with the Owner. 5.2.3.3 The Owner, its officials, directors, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured performed under contract with the Owner. The additional insured status must cover completed operations as well. This is not applicable to the workers’ compensation policy. 5.2.3.4 The workers’ compensation and employers’ liability policy will provide a waiver of subrogation in favor of the Owner. 5.2.4 Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall require each Subcontractor performing work under the Contract, at the Subcontractor's own expense, to maintain during the term of the Contract, the same stipulated minimum insurance including the required provisions and additional policy conditions as shown above. As an alternative, the Contractor may include its Subcontractors as additional insureds on its own coverage as prescribed under these requirements. The Contractor's certificate of insurance shall note in such event that the Subcontractors are included as additional insureds and that Contractor agrees to provide Workers’ Compensation for the Subcontractors and their employees. The Contractor shall obtain and monitor the certificates of insurance from each Subcontractor in order the form of XXXXX 25 (or other evidence of insurance reasonably acceptable to assure compliance Landlord), evidencing all required coverages (including all required endorsements), and that with the exception of Worker's Compensation insurance, such insurance requirementsis primary and non-contributory. The Contractor must retain the If Tenant fails to carry such insurance and furnish Landlord with such certificates of insurance, Landlord may obtain such insurance on Tenant's behalf and Tenant shall reimburse Landlord upon demand for the duration cost thereof as Additional Rent. Upon Tenant's receipt of a request from Landlord, Tenant shall provide Landlord with copies of all endorsements, evidencing the Contract plus 5 years coverages required hereunder. Landlord reserves the right from time to time to require Tenant to obtain higher minimum amounts or different types of insurance if it becomes customary for other landlords of similar buildings in the area to require similar sized tenants in similar industries to carry insurance of such higher minimum amounts or of such different types. By requiring insurance herein, Landlord does not represent that the coverage and limits will necessarily be adequate to protect Tenant, and such coverage and limits shall have not be deemed as a limitation on Tenant’s liability under the responsibility indemnities granted to Landlord in this Lease. If Tenant’s policies do not contain the standard ISO separation of enforcing these insurance requirements among its Subcontractors. The Owner insureds provision, or a substantially similar clause, they shall be entitled, upon request and without expense, endorsed to receive copies of these certificatesprovide cross-liability coverage. There shall be no provisions that limit Landlord’s ability to pursue a claim against Tenant.

Umbrella Liability Insurance. The Contractor 1. For construction contracts equal to or more than $1,000,000, each policy shall obtain, pay for and maintain umbrella liability insurance during the contract term, insuring the Contractor (or Subcontractor) for an amount limits of not less than the amount specified in the Special Conditions that provides $10,000,000excess and/or umbrella liability insurance and shall be written on an occurrence basis; and 2. For construction contracts less than $1,000,000, each policy shall maintain limits of not less than $3,000,000 Each Occurrence / Aggregate. In each case, coverage at least as broad as and applies in excess and follows shall follow form of the primary liability coverages required hereinaboveEmployer’s Liability, General Liability, and Auto Liability. The This policy shall provide "drop down" coverage where underlying primary insurance coverage limits are insufficient or exhausted. If the Contract is for asbestos abatement onlyinclude Landlord as Additional Insured on a primary, the "Umbrella" Excess Liability is not required. 5.2.3 Policies must non- contributory basis and shall include the following clauses, as applicable: 5.2.3.1 This insurance shall not be canceled, materially changed, or non-renewed until after thirty (30) days prior written notice has been given to the Owner. 5.2.3.2 It is agreed that the Contractor’s insurance shall be deemed primary with respect to any insurance or self insurance carried by the Owner for liability arising out of operations under the Contract with the Owner. 5.2.3.3 The Owner, its officials, directors, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured performed under contract with the Owner. The additional insured status must cover completed operations as well. This is not applicable to the workers’ compensation policy. 5.2.3.4 The workers’ compensation and employers’ liability policy will provide a waiver of subrogation against Landlord, and Landlord’s Mortgagee, as applicable. No insurance policy affording any first-party insurance coverage required under this Lease shall provide for any deductible in favor excess of $5,000 without the prior written consent of Landlord and any applicable lender of Landlord. Tenant shall not carry separate insurance concurrent in coverage with any insurance required to be furnished under the provision of this Lease unless Landlord and all Landlord Mortgagees shall be included as a named insured (as their interest may appear) or additional insured, as the case may require, with loss payable as hereinabove provided. Tenant shall promptly notify Landlord of the Owner. 5.2.4 Without limiting issuance of any such separate insurance and shall cause certified copies of such policies to be delivered to Landlord. Notwithstanding anything to the contrary contained in this section, Landlord agrees that any or all of the insurance required by this section may be carried in the form of blanket policies covering other obligations property, owned or liabilities leased by Tenant , as well as the Premises, provided that (i) the policies otherwise comply in all respects with the provisions of this Lease, and (ii) the Contractorpolicies allocate to the Premises not less than the specified coverage required by this Lease, without possibility of reduction or co-insurance by reason of any damage to any other premises named therein, so that the protection afforded under any policy of blanket insurance shall be no less than that which would have been afforded under a separate policy or policies relating only to the Premises. If the insurance required by this Lease shall be effected by any such blanket policies, Tenant shall furnish or cause to be furnished to all other parties required to be insured thereunder certified copies of such policies, with schedules attached thereto showing the amount of insurance afforded by such policies that is applicable to the Premises. Tenant shall, at all times during the Term of this Lease, observe and comply with the requirements of all policies of insurance in effect with respect to the Premises. In the event of any conflict between the insurance requirements set forth in this Article 11 and the insurance requirements of any Landlord Mortgagee, the Contractor shall require each Subcontractor performing work under the Contract, at the Subcontractor's own expense, to maintain during the term of the Contract, the same stipulated minimum insurance including the required provisions and additional policy conditions as shown above. As an alternative, the Contractor may include its Subcontractors as additional insureds on its own coverage as prescribed under these requirements. The Contractor's certificate of insurance shall note in such event that the Subcontractors are included as additional insureds and that Contractor agrees to provide Workers’ Compensation for the Subcontractors and their employees. The Contractor shall obtain and monitor the certificates of insurance from each Subcontractor in order to assure compliance with the insurance requirements. The Contractor must retain the certificates of insurance for the duration of the Contract plus 5 years and shall have the responsibility of enforcing these insurance requirements among its Subcontractorsof such Landlord Mortgagee shall govern, except to the extent the requirements of this Lease are more stringent. The Owner Landlord shall be entitled, upon request and without expense, to receive copies give Tenant written notice of these certificatesall insurance provision required by any Landlord’s Mortgagee promptly after closing of such financing.