Insurance; Waiver of Subrogation. 21.1. Landlord shall maintain insurance for the Building and the Project in amounts equal to full replacement cost (exclusive of the costs of excavation, foundations and footings, and without reference to depreciation taken by Landlord upon its books or tax returns) or such lesser coverage as Landlord may elect, provided that such coverage shall not be less than ninety percent (90%) of such full replacement cost or the amount of such insurance Landlord’s lender, mortgagee or beneficiary (each, a “Lender”), if any, requires Landlord to maintain, providing protection against any peril generally included within the classification “Fire and Extended Coverage,” together with insurance against sprinkler damage (if applicable), vandalism and malicious mischief. Landlord, subject to availability thereof, shall further insure, if Landlord deems it appropriate, coverage against flood, environmental hazard, earthquake, loss or failure of building equipment, rental loss during the period of repairs or rebuilding, workmen’s compensation insurance and fidelity bonds for employees employed to perform services. Notwithstanding the foregoing, Landlord may, but shall not be deemed required to, provide insurance for any improvements installed by Tenant or that are in addition to the standard improvements customarily furnished by Landlord, without regard to whether or not such are made a part of or are affixed to the Building. Any costs incurred by Landlord pursuant to this Section 21.1 shall constitute a portion of Operating Expenses.
21.2. In addition, Landlord shall carry commercial general liability insurance with a single limit of not less than One Million Dollars ($1,000,000) for death or bodily injury, or property damage with respect to the Project. Any costs incurred by Landlord pursuant to this Section 21.2 shall constitute a portion of Operating Expenses.
21.3. Tenant shall, at its own cost and expense, procure and maintain in effect, beginning on the Term Commencement Date or the date of occupancy, whichever occurs first, and continuing throughout the Term (and occupancy by Tenant, if any, after termination of this Lease) commercial general liability insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence for death or bodily injury and not less than One Million Dollars ($1,000,000) for property damage with respect to the Premises.
21.4. The insurance required to be purchased and maintained by Tenant pursuant to this Lease shall name L...
Insurance; Waiver of Subrogation. 18.1. Landlord shall maintain a policy or policies of insurance protecting Landlord against the following (all of which shall be payable by Tenant as Operating Expenses):
18.1.1. Fire and other perils normally included within the classification of fire and extended coverage, together with insurance against vandalism and malicious mischief, to the extent of the full replacement cost of the Premises, including, at Landlord's option, flood coverage, exclusive of trade fixtures, equipment and improvements insured by Tenant, with agreed value, full replacement and other endorsements which Landlord may elect to maintain;
18.1.2. Fifteen (15) months of rental loss insurance and to the extent of 100% of the gross rentals from the Premises;
18.1.3. Comprehensive general liability insurance with a single limit of not less than $[***] for bodily injury or death and property damage with respect to the Premises, a general aggregate not less than $[***] for bodily injury or death and property damage with respect to the Premises, and not less than $[***] of excess umbrella liability insurance; and
18.1.4. At Landlord's sole option, environmental liability or environmental clean-up/remediation insurance in such amounts and with such deductibles and other provisions as Landlord may determine in its sole and absolute discretion. Notwithstanding the foregoing, Landlord may, at Landlord’s option, forego procuring and/or maintaining one or more of the foregoing policies of insurance to the extent that such coverage is being maintained separately by the Association, and Landlord may, at Landlord's option, request that Tenant procure and/or maintain, and pay directly, for one or more the foregoing policies of insurance, in which case Tenant shall exercise reasonable efforts to promptly procure such policies of insurance (or maintain such policies of insurance, as the case may be), and Landlord may require Tenant to name Landlord and Landlord's related parties as loss payees, in addition to other customary provisions related to Landlord's status as the owner of the Property. Landlord and Tenant agree to reasonably cooperate with one another and the Association to ensure that the insurance policies procured and maintained by Landlord, Tenant and the Association, respectively, provide for the coverages outlined in this Section 18 without unnecessarily duplicating costs for such coverages.
18.2. Tenant shall, at its own cost and expense, procure and maintain during the Term the foll...
Insurance; Waiver of Subrogation. Sublessee shall obtain and keep in full force and effect, at Sublessee’s sole cost and expense, during the Term, the insurance required under Section 10 of the Master Lease. Sublessee shall name Master Lessor and Sublessor as additional insureds under its liability insurance policy. The release and waiver of subrogation set forth in Section 10.5 of the Master Lease, as incorporated herein, shall be binding on the parties.
Insurance; Waiver of Subrogation. 5.01. Tenant will obtain and maintain fire and casualty insurance on the Premises during the term of the Lease in the amount equal to the amounts maintained on the date hereof, naming Landlord and Tenant as insureds thereunder as their respective interest may appear, and also naming all lienholders as mortgagees.
5.02. Tenant shall procure and maintain throughout the term of this lease a policy of insurance, at its sole cost and expense, insuring Tenant, Landlord, and all other persons designated by Landlord against any and all liability for injury to or death of a person, or persons, and for damage to or destruction of property occasioned by or arising out of or in connection with the use and occupancy of the Premises, or by the condition of the Premises, the limits of such policy or policies shall be equal to the amounts currently maintained by Tenant.
5.03. Tenant shall insure the contents of the Premises. Landlord shall not, except in the event of his gross negligence, have any liability or obligations to Tenant, its employees, agents, customers, contractors or any other third party for the contents of the Premises.
5.04. The insurance policy or policies to be provided by Tenant hereunder shall be issued by an insurance company or companies authorized to do business in the State of Georgia. At Landlord's request, certificates of insurance evidencing the insurance coverage will be delivered by Tenant to Landlord prior to the Commencement Date, together with receipts, evidence and payment of the premiums therefor.
5.05. If Tenant fails to provide all or any of the insurance required by this Section, or subsequently fails to maintain such insurance in accordance with the requirements of this Section, Landlord may (but will not be required to), and without waiving or releasing Tenant from any of Tenant's obligations, procure or renew such insurance, and any amounts paid by Landlord for such insurance will be additional rental due and payable on or before the next rental date, together with late charges and interest, if any, as provided in Section 2.
5.06. Landlord and Tenant shall each cause all policies of insurance maintained with respect to the Premises, respectively, to contain provisions that the insurance shall not be invalidated by each releasing the other of liability if such a provision is obtainable without any additional premium therefor or if such provision is obtainable with an additional premium therefor and the released party elects to pay a...
Insurance; Waiver of Subrogation. Tenant shall at all times during the Term (and prior to the Term with respect to any activity of Tenant at the Property) and at its own cost and expense procure and continue in force insurance as follows:
Insurance; Waiver of Subrogation. During the Term, Tenant shall comply with all of the insurance requirements imposed upon the Developer pursuant to the Comprehensive Agreement only to the extent the same are applicable to the Hotel Component. Landlord and Tenant, for themselves and their respective insurers, hereby release each other of and from any and all claims, demands, actions and causes of action, (including, without limitation, subrogation claims), for loss or damage to their respective property located within or upon, or constituting a part of the Premises, even if the loss or damage shall have been caused by the fault or negligence of the other party, or anyone for whom such party may be responsible, which loss or damage is covered by valid and collectible insurance policies, to the extent that such loss or damage is recoverable under such policies or, in the case of Landlord, if Landlord elects to self-insure. Landlord and Tenant shall each cause each insurance policy obtained by it to provide that each insurance company waives all rights of recovery by way of subrogation against the other party in connection with any damage covered by any such policy. The foregoing waiver of subrogation shall also apply in the event that Landlord elects to self- insure.
Insurance; Waiver of Subrogation. 17.1 At a minimum, during the Term of this Agreement SUPPLIER will maintain in full force and effect, at SUPPLIER’s expense:
i. Commercial General Liability Insurance with limits of $10,000,000 combined single limit for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad-form property damage and products and completed operations coverage;
ii. Automobile Liability Insurance covering liability arising out of all owned, hired and non- owned autos with limits in the amount of $10,000,000 combined single limit each occurrence;
iii. Garagekeepers Legal Liability Insurance with a limit of liability in an amount not less than $500,000.00 per occurrence;
iv. All-Risk Property Liability Insurance with limits not less than the full replacement value of SUPPLIER’s personal property and equipment situated at an FIRST TRANSIT INC. site in connection with this Agreement;
Insurance; Waiver of Subrogation. Prior to the commencement of the Term hereof, and from time to time thereafter as required by Lessor, Lessee will provide Lessor with a certificate of insurance or other evidence of (a) comprehensive liability insurance coverage, relative to Lxxxxx’s occupancy of the Leased Premises, with a combined single limit of $2,000,000, and (b) workmen’s compensation insurance (including employer’s liability insurance) in an amount not less than the statutory requirements for the State of Illinois for the workmen’s compensation insurance and $100,000 for the employer’s liability insurance. Lessee shall maintain such insurance in force throughout the Term of this Lease Such insurance shall name Lessor and all beneficiaries, agents, and mortgagees of lessor as additional insureds (on a primary and non-contributory basis) and shall include a specific waiver of subrogation. Lessor shall maintain a comprehensive insurance policy with respect to the Building including liability coverage, loss of rents, fire and other casualty insurance for the replacement cost of the Building and such other coverages as Lessor may reasonably require. Such policy shall be with a company and contain limits and coverage as are satisfactory to Lessor. Lessee shall pay Lessee’s Percentage of the premium on such policy during the Term of the Lease. Premiums will be equitably prorated for the first and last years of the Lease. If Lessee shall conduct any activity on the Leased Premises that result in a surcharge to Lessor’s fire insurance premium, then, Lessee shall reimburse Lessor for the entire amount of such surcharge. Lessee shall pay, as Additional Rent, Lessee’s Percentage of insurance premiums on an estimated basis, monthly in advance as provided for in Paragraph 6 below. Lessor and Lessee each hereby waive any and every claim for recovery from the other tor any and all loss of or damage to their respective property which loss or damage is covered by valid and collectible insurance policies, but only to the extent of the insurance proceeds received in connection with such loss or damage under said insurance policies.
Insurance; Waiver of Subrogation. LESSOR agrees to keep the Building and LESSEE agrees to keep the Leased Premises, and all equipment, machinery and fixtures therein insured in amounts equal to the actual cash value of the same, against fire and other perils included in a standard extended coverage endorsement, and against breakdown of boilers and other machinery and equipment, and LESSEE agrees to procure and keep in force comprehensive general liability insurance indemnifying LESSEE against all claims and damages for any injury to or death of person or damage to property which may be claimed to have occurred upon or to have been caused by activities or conditions within the Leased Premises and indemnifying LESSOR to the extent any such claims and demands are the responsibility or obligation of LESSEE pursuant to this Lease or as a matter of law, in amounts not less than One Million ($1,000,000) Dollars for property damage, Five Hundred Thousand ($500,000) Dollars for injury or death of one person, and One Million ($1,000,000) Dollars in a single accident. All insurance required hereunder shall be written by insurance carriers qualified to do business and in good standing in Massachusetts and approved by LESSOR, which approval shall not be unreasonably withheld. All policies of insurance shall name LESSOR and LESSEE as the insured parties. Each required policy of insurance shall provide that, notwithstanding any act or omission of LESSEE which might otherwise result in forfeiture of said insurance: (A) it shall not be canceled nor its coverage reduced without at least ten (10) days prior written notice to each insured named therein, and (B) any proceeds (other than for LESSEE's personal property insurance) shall be first payable to LESSOR or to holder of any mortgage encumbering the Leased Premises, as their respective interests may appear. As of the commencement of the Term hereof, and thereafter not less than fifteen (15) days prior to the expiration dates of the expiring policies, the original policies to be obtained by LESSEE hereto issued by the respective insurers or certificates thereof including photocopies of the original policies, shall be delivered to LESSOR. Any insurance carried by either party with respect to the Leased Premises or property therein or occurrences thereon shall include a clause or endorsement denying to the insurer rights of subrogation against the other party to the extent rights have been waived by the insured prior to occurrence of injury or loss. Each par...
Insurance; Waiver of Subrogation. (a) At all times during the term of this Agreement, WaterPro shall carry and maintain at its sole cost and expense, bodily injury liability insurance with limits of not less than $[ ] per person and $[ ] per occurrence insuring against any and all liability of the insured with respect to its premises or arising out of the maintenance, use, or occupancy thereof and property damage liability insurance with a limit of not less than $[ ] per accident or occurrence. All such bodily injury liability insurance and property damage or liability insurance shall specifically insure the performance by WaterPro of the indemnity agreement as to liability for injury to or death of persons and injury or damage to property set forth in this Agreement.
(b) At all times during the term of this Agreement, DIC shall carry and maintain, at its sole cost and expense, insurance covering all of the water collection, treatment, distribution, delivery, metering, and other facilities and equipment owned and maintained by it in accordance with subparagraph 7(a) of this Agreement in an amount not less than [80%] of their full replacement cost from time to time during the term of this Agreement, providing protection against any peril within the classifications “fire and extended coverage,” together with insurance against vandalism and malicious mischief. Policy proceeds shall be used first for the repair and replacement of the property damaged or destroyed.
(c) All policies of insurance provided for herein shall be issued by insurance companies with the best available general policyholder and financial ratings, as rated in the most current available Best’s Insurance Reports, and qualified to do business in the state of Utah, in the names of WaterPro and DIC for the mutual and joint benefit and protection of DIC and WaterPro. Executed copies of such policies of insurance or certificates thereof shall be delivered by each of WaterPro and DIC to the other within 10 days after the Effective Date of this Agreement and thereafter within 30 days prior to the expiration of the term of each expiring policy. All public liability and property damage policies shall contain a provision that DIC, although named as an insured, shall nevertheless be entitled to recovery under said policies for any loss occasioned to it or its servants, agents, and employees by reason of the negligence of WaterPro. All policies of insurance delivered by either WaterPro or DIC to the other must contain a provision that t...
