Common use of Tenant’s Insurance Clause in Contracts

Tenant’s Insurance. Tenant shall keep in force at its own expense, so long as this Lease remains in effect, (a) commercial general liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insurance.

Appears in 2 contracts

Samples: Agreement of Lease (Spectranetics Corp), Agreement of Lease (Spectranetics Corp)

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Tenant’s Insurance. Tenant shall keep in force at its own expense, so long as this Lease remains in effect, maintain insurance complying with all of the following: (a) commercial general liability insuranceTenant shall procure, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises pay for and keep in the name of Landlordfull force and effect, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term Lease Term, the following: (i) Comprehensive general liability insurance insuring Tenant against liability for personal injury, bodily injury, death and damage to property occurring within the Leased Premises, or resulting from Tenant's use or occupancy of the Leased Premises, the Building, the Outside Areas or the Property, or resulting from Tenant's activities in or about the Leased Premises or the Property, with coverage in an amount equal to Tenant's Required Liability Coverage (as set forth in Article 1), which insurance shall contain a "broad form liability" endorsement insuring Tenant's performance of Tenant's obligations to indemnify Landlord as contained in this Lease Lease. (ii) Fire and all other times during which property damage insurance in so- called "fire and extended coverage" form insuring Tenant shall occupy against loss from physical damage to Tenant's personal property, inventory, trade fixtures and improvements within the Leased Premises with coverage for the full actual replacement cost thereof; (iii) Plate glass insurance, at actual replacement cost; (iv) Pressure vessel insurance, if applicable; (v) Product liability insurance (including, without limitation, if food and/or beverages are distributed, sold and/or consumed within the Leased Premises. In addition , to the foregoing extent obtainable, coverage for liability arising out of the distribution, sale, use or consumption of food and/or beverages (including alcoholic beverages, if applicable) at the Leased Premises for not less than Tenant's Required Liability Coverage (as set forth in Article 1); (vi) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all laws; and (vii) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, contingent liability and builder's risk insurance, in an amount and with coverage reasonably satisfactory to Landlord. (b) Each policy of liability insurance required to be carried by Tenant pursuant to this paragraph or actually carried by Tenant with respect to the Leased Premises or the Property: (i) shall, except with respect to insurance required by subparagraph (a)(vi) above, name Landlord, and such others as are designated by Landlord, as additional insureds; (ii) shall be primary insurance providing that the insurer shall be liable for the full amount of the loss, up to and including the total amount of liability set forth in the declaration of coverage, without the right of contribution from or prior payment by any other insurance coverage of Landlord; (iii) shall be in a form satisfactory to Landlord; (iv) shall be carried with companies reasonably acceptable to Landlord with Best's ratings of at least A and XI; (v) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least thirty days prior written notice to Landlord, and (vi) shall contain a so-called "severability" or "cross liability" endorsement. Each policy of property insurance maintained by Tenant with respect to the Leased Premises or the Property or any property therein (i) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least thirty days prior written notice to Landlord and (ii) shall contain a waiver and/or a permission to waive by the insurer of any right of subrogation against Landlord, its partners, principals, members, officers, employees, agents and contractors, which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its partners, principals, members, officers, employees, agents and contractors. (c) Prior to the time Tenant or any of its contractors enters the Leased Premises, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense deliver to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury each policy of insurance required to be carried by Tenant pursuant to this Article, a copy of such policy (appropriately authenticated by the insurer as having been issued, premium paid) or a certificate of the insurer certifying in form satisfactory to Landlord that a policy has been issued, premium paid, providing the coverage required by this Paragraph and death containing the provisions specified herein. With respect to each renewal or replacement of any such insurance, the requirements of this Paragraph must be complied with not less than thirty days prior to the expiration or cancellation of the policies being renewed or replaced. Landlord may, at any time and property damagefrom time to time, inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article. If Landlord's Lender, insurance broker, advisor or counsel reasonably determines at any time that the amount of coverage set forth in Paragraph 9.1(a) for any policy of insurance Tenant is required to carry pursuant to this Article is not adequate, then Tenant shall increase the amount of coverage for such insurance to provide for no deductiblesuch greater amount as Landlord's Lender, and (ii) workmen’s compensation insurance broker, advisor or similar insurance in form and amounts as required by lawcounsel reasonably deems adequate. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insurance.9.2

Appears in 2 contracts

Samples: Vantive Corp, Vantive Corp

Tenant’s Insurance. Tenant shall keep in force maintain at its own expense, so long as this Lease remains in effect, all times during the Term (a) “all risk” property insurance covering all present and future Tenant’s Property and Fixtures to a limit of not less than the full replacement cost thereof, with an agreed amount endorsement, and (b) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including insurance against assumed or a contractual liability under this Leaseendorsement, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with respect Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to the PremisesTenant, to afford protection as additional insureds, with limits, per person and for each occurrence, limits of not less than Two Million Dollars ($2,000,000), 5,000,000 combined single limit, with respect to limit for bodily injury and death property damage liability in any one occurrence and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) ifboiler and machinery, if there is a boiler, supplemental air conditioning unit or pressure object or similar equipment in the Premises, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to the extentTenant, required by lawas loss payees as their interests may appear, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance with limits of not less than One Million Dollars the full replacement cost thereof, with an agreed amount endorsement, and ($1,000,000.00)d) when Alterations are in process, the insurance specified in Section 4.02(f) hereof. Such policies The limits of such insurance shall be maintained in companies and in form reasonably acceptable not limit the liability of Tenant. Tenant shall deliver to Landlord and shall be written as primary policy coverage and not contributing withany additional insureds, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord at least 10 days prior to the Commencement Date, which such fully paid-for policies shall name or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its designee andauthorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, at the request of Landlord, its mortgagees, as and Tenant shall deliver to Landlord and any additional insured and shall also contain a provision stating that insureds such renewal policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designeesa certificate thereof at least 30 days before the expiration of any existing policy. All such policies of insurance shall be effective issued by companies of recognized responsibility licensed to do business in New York State and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/VIII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the date Tenant occupies the Premises same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense payable to Landlord, during such times Tenant and each Superior Lessor and Superior Mortgagee as contractor is working their interests may appear. Tenant shall cooperate with Landlord in connection with the Premises, a non-deductible (i) comprehensive general liability collection of any insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance moneys that may be due in form and amounts as required by law. In the event of damage loss and Tenant shall execute and deliver to or destruction Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminatedmaintained by Tenant under this Section 7.02 be increased, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon so that the amount thereof adequately protects Landlord’s demand, as additional rent the premiums for such insuranceinterest.

Appears in 2 contracts

Samples: Lease (Y-mAbs Therapeutics, Inc.), Lease (Y-mAbs Therapeutics, Inc.)

Tenant’s Insurance. Effective as of the earlier of (1) the date Tenant enters or occupies the Premises, or (2) the Commencement Date, and continuing throughout the Term, Tenant shall keep in force at its own expense, so long as this Lease remains in effect, maintain the following insurance policies: (aA) commercial general liability insuranceinsurance in amounts of $3,000,000 per occurrence or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including host liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord's property management company, Landlord's asset management company and, if requested in writing by Landlord, Landlord's Mortgagee, against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant's Off-Premises Equipment, (B) insurance against assumed or contractual liability under this Lease, with respect to covering the full value of all alterations and improvements and betterments in the Premises, to afford protection with limits, per person naming Landlord and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductibleLandlord's Mortgagee as additional loss payees as their interests may appear, (bC) all-risk property insurance covering the full value of all furniture, trade fixtures and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property (including property of Tenant or others) in the Premises and all improvements and installed or otherwise placed in the Premises Project by or on behalf of a Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductibleParty, (cD) ifcontractual liability insurance sufficient to cover Tenant's indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant's commercial general liability insurance policy), (E) worker's compensation insurance, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (eF) business interruption insurance in an amount sufficient equal to reimburse Tenant Tenant's Base Rent and Additional Rent obligations under this Lease for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve nine (129) months and (f) pollution months. Tenant's insurance shall provide primary coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit for the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating property that such policy or policies shall not be canceled except after thirty (30) days’ written notice will inure to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy for third party liability exposures within the confines of the Premises. In addition Tenant shall furnish to Landlord certificates of such insurance and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required hereunder at least ten days prior to the foregoing insurance coverage, earlier of the Commencement Date or the date Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in enters or occupies the Premises, and at least 15 days prior to each renewal of said insurance, and Tenant shall obtain a non-deductible (i) comprehensive general liability written obligation on the part of each insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, company to afford protection with limits per person and for each occurrence, notify Landlord at least 30 days before cancellation or a material change of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, any such insurance to provide for no deductiblepolicies. All such insurance policies shall be in form, and (ii) workmen’s compensation insurance issued by companies with an A.M. Best rating of A:VII or similar insurance in form and amounts as required by law. In the event of damage better, reasonably satisfactory to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwiseLandlord. If Tenant fails to comply with its covenants made the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any other remedy available pursuant to this SectionLease or otherwise, if may, but shall not be obligated to, obtain such insurance would terminate or if and Tenant shall pay to Landlord has reason to believe on demand the premium costs thereof, plus an administrative fee of 5% of such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insurancecost.

Appears in 2 contracts

Samples: Lease Agreement (Airvana Inc), Lease Agreement (Airvana Inc)

Tenant’s Insurance. Tenant shall keep in force at its own expense, so long as this Lease remains in effect, (a) commercial general public liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily personal injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, and water insurance, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s 's personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 109, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s 's compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (ed) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00)months. Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit provide the policy or policies of such required insurance or certificates thereof with to Landlord prior to the Commencement Dateupon its written request, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional named insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ day's written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises Commencement Date and shall be maintained in force at all times during the Term Lease Term. Any insurance required of this Lease and all other times during which Tenant hereunder may be furnished by Tenant under a blanket policy carried by it, provided that such blanket policy shall occupy contain an endorsement that names Landlord as an additional insured, specifically references the Premises, and guarantees a minimum limit available for the Premises equal to or greater than the insurance amounts required under this Article. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s 's liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s 's protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s 's compensation insurance or similar insurance in form and amounts as required by law. LL INITIAL____JW________ TENANT INITIAL___GH_____________ In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 109, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s 's demand, as additional rent the premiums for such insurance.

Appears in 1 contract

Samples: Lease Agreement (Fusion Telecommunications International Inc)

Tenant’s Insurance. Effective as of the earlier of: (1) the date Tenant enters or occupies the Premises; or (2) the Commencement Date, and continuing throughout the Term, Tenant shall keep in force at its own expense, so long as this Lease remains in effect, maintain the following insurance policies: (aA) commercial general liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars $2,000,000 per occurrence, with an annual aggregate limit of not less than $4,000,000, or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require ($2,000,000and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), combined single limitinsuring Tenant, with respect Landlord, Landlord’s Property Manager and Invesco against all liability for injury to bodily injury or death of a person or persons or damage to property arising from the use and death occupancy of the Premises and property damage(without implying any consent by Landlord to the installation thereof) the installation, such insurance to provide for only a reasonable deductibleoperation, (b) all-risk property and casualty insurancemaintenance, including theft, written at replacement cost value and with replacement cost endorsement, covering all repair or removal of Tenant’s Off-Premises Equipment with an additional insured endorsement in form CG 20 26 11 85 (or another equivalent form approved in writing by Landlord); (B) Automobile Liability covering any owned, non-owned, leased, rented or borrowed vehicles of Tenant with limits no less than $1,000,000 combined single limit for property damage and bodily injury; (C) All Risk Property insurance covering the full value of all Alterations and improvements and betterments in the Premises, naming Landlord and Landlord’s Mortgagee (as defined in Section 12(a)) as additional loss payees as their interests may appear; (D) All Risk Property insurance covering the full value of all furniture, trade fixtures and personal property (including property of Tenant or others) in the Premises and all improvements and installed or otherwise placed in the Premises Project by or on behalf of a Tenant whether pursuant Party (including Tenant’s Off-Premises Equipment) it being understood that no lack or inadequacy of insurance by Tenant shall in any event make Landlord subject to the terms any claim by virtue of Section 35, Section 10, any theft of or otherwise, loss or damage to any uninsured or inadequately insured property; (E) contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance to provide for only a reasonable deductible, is not already included in Tenant’s commercial general liability insurance policy); (cF) ifworker’s compensation insurance in amounts not less than statutorily required, and to the extent, required by law, workmen’s compensation or similar Employers’ Liability insurance offering statutory coverage and containing statutory limits, with limits of not less than $1,000,000; (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (eG) business interruption insurance in an amount sufficient to that will reimburse Tenant for direct or indirect loss of earnings attributable to all perils insured against under Section 11(a)(C) or attributable to the prevention of access to the Building or the Premises Premises; (H) in the event Tenant performs any alterations or repairs in, on, or to the Premises, Builder’s Risk Insurance on an All Risk basis (including collapse) on a completed value (non-reporting) form, or by endorsement including such coverage pursuant to Section 11(a)(C) hereinabove, for full replacement value covering all work incorporated in the Building and all materials and equipment in or about the Premises; (I) an umbrella liability policy or excess liability policy having a period of at least twelve (12) months and (f) pollution coverage insurance limit of not less than One Five Million Dollars ($1,000,000.005,000,000). Such policies , which policy shall be maintained in companies “following form” and in form shall provide that if the underlying aggregate is exhausted, the excess coverage will drop down as primary insurance; and (J) such other insurance or any changes or endorsements to the insurance required herein, including increased limits of coverage, as Landlord, or any mortgagee or lessor of Landlord, may reasonably acceptable require from time to time. Tenant’s insurance shall provide primary coverage to Landlord and shall not require contribution by any insurance maintained by Landlord, when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carryover Tenant’s policy. Tenant shall deposit the policy or policies furnish to Landlord certificates of such insurance, with an additional insured endorsement in form CG 20 26 11 85 (or another equivalent form approved in writing by Landlord), and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required insurance or certificates thereof with Landlord hereunder at least ten (10) days prior to the earlier of the Commencement DateDate or the date Tenant enters or occupies the Premises, which policies and at least fifteen (15) days prior to each renewal of said insurance, and Tenant shall name obtain a written obligation on the part of each insurance company to notify Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after least thirty (30) days’ written notice to Landlord days before cancellation or its designeesa material change of any such insurance policies. All such insurance policies of insurance shall be effective as in form, and issued by companies licensed to do business in the State of the date Tenant occupies the Premises California and shall be maintained in force at all times during the Term with a Best’s rating of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverageA:VII or better, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense reasonably satisfactory to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any other remedy available pursuant to this Lease or otherwise, may, but shall not be obligated to, obtain such insurance and Tenant shall pay to Landlord on demand the premium costs thereof, plus an administrative fee of fifteen percent (15%) of such cost. It is expressly understood and agreed that the foregoing minimum limits of insurance coverage shall not limit the liability of Tenant for its covenants made acts or omissions as provided in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insuranceLease.

Appears in 1 contract

Samples: Industrial Lease Agreement (Parametric Sound Corp)

Tenant’s Insurance. a. All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and Landlord's lender and qualified to do business in the State. Each policy shall name Landlord, and at Landlord's request any mortgagee of Landlord, as an additional insured, as their respective interests may appear. Each policy shall contain (i) a cross- liability endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (iii) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (authenticated by the in surer) or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall be delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days after any demand by Landlord therefor. Landlord may, at anytime and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancellable except after twenty (20) days written notice to Landlord and Landlord's lender. Tenant shall keep in force furnish Landlord with renewals or "binders" of any such policy at its own expense, so long as this Lease remains in effect, least ten (a10) commercial general liability days prior to the expiration thereof. Tenant agrees that if Tenant does not take out and maintain such insurance, including Landlord may (but shall not be required to) procure said insurance against assumed or contractual liability under this Leaseon Tenant's behalf and charge the Tenant the premiums together with a twenty-five percent (25%) handling charge, with respect payable upon demand. Tenant shall have the right to provide such insurance coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Landlord's mortgagee and Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insuranceLease.

Appears in 1 contract

Samples: Hangar Lease (Air Methods Corp)

Tenant’s Insurance. Tenant shall keep in force agrees, at its own expensesole cost, so long as this Lease remains in effectto insure its personal property, trade fixtures, Specialized Tenant Improvements and other Alterations not required to be insured by Landlord against damage for their full replacement value (awithout depreciation). Said insurance shall provide All Risk or Special Cause of Loss coverage (or its equivalent or industry replacement) commercial general liability insurance, including insurance against assumed or contractual liability under this Lease, with respect equal to the Premisesreplacement cost of said property. The property insurance provided by Tenant as required by this paragraph shall be carried in favor of Landlord and Tenant as their respective interests may appear and shall provide that any loss to Alterations shall be adjusted with and be payable to both Landlord and Tenant. Tenant agrees, at its sole cost, to afford protection obtain and maintain throughout the Lease Term, in combination with limitsthe umbrella, per person and Commercial General Liability insurance for each occurrence, occurrences within the Project with a combined single limit of not less than Two Five Million Dollars ($2,000,000), combined single limit, with respect to bodily injury 5,000,000) per occurrence and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property $5,000,000 in the Premises and all improvements and installed aggregate, worker’s compensation insurance in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) ifcompliance with statutory requirements, and to the extent, required by law, workmenEmployer’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for Liability with a period of at least twelve (12) months and (f) pollution coverage insurance limit of not less than One Million Dollars ($1,000,000.00)1,000,000) per accident and by disease. Such policies Tenant’s liability insurance shall be maintained primary insurance containing a cross-liability endorsement, and shall provide coverage on an “occurrence” rather than on a “claims made” basis. All such insurance shall provide for severability of interests; shall provide that an act or omission of one of the named or additional insureds shall not reduce or avoid coverage to the other named or additional insureds. Tenant shall name Landlord, Landlord’s property manager and Landlord’s lenders as additional insureds on Tenant’s liability policies and shall name Landlord and Landlord’s lenders as loss payees on its property insurance. Tenant shall provide a waiver of subrogation in companies favor of Landlord, Landlord’s affiliates and in form property manager for worker’s compensation and employer’s liability. Tenant shall deliver to Landlord a copy of all required certificates and renewal certificates, or other evidence of coverage reasonably acceptable to Landlord Landlord, prior to the earlier of the Commencement Date or first entry to ready any portion of the Premises for Tenant’s occupancy, and shall be written as primary policy coverage and not contributing withbefore expiration of any such policies, or but in excess of, any coverage which Landlord shall carryno event later than five (5) days after the scheduled expiration of such policies. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, provide at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after least thirty (30) days’ prior written notice to Landlord of any cancellation, termination, or its designeesreduction in coverage. All such In no event shall the types or limits of any insurance policies of insurance shall be effective as of the date Tenant occupies the Premises and shall maintained or required to be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of under this Lease by Landlord pursuant to Section 18 hereinTenant or its contractors limit Tenant’s liability under this Lease, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35including without limitation Tenant’s indemnification, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, defense and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insurancehold harmless obligations.

Appears in 1 contract

Samples: Lease (Cutera Inc)

Tenant’s Insurance. Effective as of the Commencement Date, and continuing throughout the Term, Tenant shall keep in force at its own expense, so long as this Lease remains in effect, maintain the following insurance policies: (a1) commercial general liability insuranceinsurance in amounts of $2,000,000 per occurrence or, including insurance following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require, insuring Tenant, Landlord, Landlord’s property management company, Landlord’s asset management company (if any) and, if requested in writing by Landlord, Landlord’s agents, Landlord’s mortgagee and their respective Affiliates against assumed all liability for injury to or contractual liability under this Lease, with respect death of a person or persons or damage to property arising from the use and occupancy of the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such 2) All Risk/Special Form Property insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost covering the full value and with replacement cost endorsement, covering all of Tenant’s personal property and improvements, and other property (including property of others) in the Premises and all improvements and installed in or the Project (including but not limited to Tenant’s Off-Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductibleEquipment), (c3) if, and to the extent, required by law, workmen’s compensation or similar contractual liability insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve cover Tenant’s indemnity obligations hereunder (12) months and (f) pollution coverage but only if such contractual liability insurance of is not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained already included in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive Tenant’s commercial general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii4) workmenworker’s compensation insurance, to the extent required by applicable Laws. The term “Affiliate” means any person or entity which, directly or indirectly, through one or more intermediaries, controls is controlled by, or is under common control with the party in question. Tenant’s insurance shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. Tenant shall furnish to Landlord certificates of such insurance in form and amounts as required by law. In the event of damage such other evidence satisfactory to or destruction Landlord of the Premises and the termination maintenance of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant coverages required hereunder at least ten days prior to the terms earlier of Section 35the Commencement Date or the date Tenant enters or occupies the Premises, Section 10and at least 15 days prior to each renewal of said insurance, and Tenant shall obtain a written obligation on the part of each insurance company to notify Landlord at least 30 days before cancellation or otherwisea material change of any such insurance policies. All such insurance policies shall be in form, and issued by companies with a Best’s rating of A-IX or better, reasonably satisfactory to Landlord. If Tenant fails to comply with its covenants made the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any other remedy available pursuant to this SectionLease or otherwise, if may, but shall not be obligated to, obtain such insurance would terminate or if and Tenant shall pay to Landlord has reason to believe on demand the premium costs thereof, plus an administrative fee of 10% of such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insurancecost.

Appears in 1 contract

Samples: Lease Agreement (American Locker Group Inc)

Tenant’s Insurance. Tenant shall keep in force at its own expense, so long as this Lease remains in effect, (a) commercial general public liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,0002.000,000), combined single limit, with respect to bodily personal injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s 's personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s 's compensation or similar insurance offering statutory coverage and containing statutory limits, limits (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, Landlord and (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00)months. Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days' written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s 's liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s 's protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s 's compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s 's demand, as additional rent the premiums for such insurance.

Appears in 1 contract

Samples: Agreement of Lease (Griffin Capital Essential Asset REIT II, Inc.)

Tenant’s Insurance. With respect to the Leased Premises, Tenant shall will keep in force at its own expense, so long as this Lease Agreement remains in effect, Comprehensive General Liability insurance (aproviding among other coverages: Blanket Contractual, Personal Injury, Independent Contractors, Products/Completed Operations Hazard, Automobile Liability/Comprehensive Form and Employers Liability) commercial general liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for companies and in the name a form acceptable to Landlord with a minimum of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies ) per Occurrence and in form reasonably acceptable to Three Million Dollars ($3,000,000) Aggregate limit with any combination of general liability and umbrella liability coverage, naming both Landlord and shall be written Tenant as primary policy coverage insured parties; and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall will further deposit the policy or policies of such required insurance or certificates thereof thereof, with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverageaddition, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working maintain (i)Workers' Compensation Insurance in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, statutory amounts and (ii) workmen’s compensation insurance Commercial Property Insurance including special form perils endorsement, including an endorsement for the inclusion of back-up sewers or similar insurance drains, insuring Tenant's property, including Tenant's Leasehold Improvements in form excess of Landlord's Work, Tenant's signs, trade fixtures, furnishings, equipment, furniture, and amounts as required by law. In other personal property and including plate glass, for the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 hereinfull replacement value, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. without deduction for depreciation.. If Tenant fails to shall not comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option option, cause such insurance as it in its sole judgment deems necessary aforesaid to be issued, and in such event Tenant agrees to pay the premium for such insurance promptly upon Landlord’s 's demand. A certificate of insurance with the aforementioned coverage must be issued not later than ten (10) days prior to Tenant, as additional rent its agents or contractors entering the premiums Leased Premises for occupancy or to prepare the Leased Premises for occupancy. Also, whenever an insurance policy is renewed or a policy issued, Tenant shall immediately cause a "Certificate of Insurance" to be delivered to Landlord. If the permitted use is a medical office, Tenant shall have each independent practitioner endorsed on it's policy and covered with similar limits, or shall require each individual practitioner to carry his or her own insurance and shall provide certificates of such insuranceinsurance to Landlord before such practitioner may occupy the Leased Premises.

Appears in 1 contract

Samples: Office Lease Agreement (Alkane, Inc.)

Tenant’s Insurance. Tenant Tenant, at Tenant's sole cost and expense, shall obtain and keep in full force and effect (i) an "all risk" insurance policy for Tenant's Property at its own expensethe Premises, so long and (ii) a policy of commercial general liability and property damage insurance on an occurrence basis, with a broad form contractual liability endorsement (the insurance policy described in this clause (ii) being referred to herein as this Lease remains in effectthe "Liability Policy"). Such policies shall name Tenant as the insured. Landlord, Landlord's managing agent, and any Lessors and any Mortgagees (whose names have been furnished to Tenant) shall be named as additional insureds on such policies, as their respective interests may appear. The Liability Policy shall contain a provision that (a) commercial general liability insuranceno act or omission of Tenant shall affect or limit the obligation of the insurer to pay the amount of any loss sustained, including insurance against assumed or contractual liability under this Lease, and (b) the policy shall be non-cancelable with respect to Landlord, Landlord's managing agent, and such Lessors and Mortgagees unless written notice has been given to Landlord, which notice shall contain the Premisespolicy number and the names of the insured and additional insureds, at least thirty (30) days prior to afford protection the effective date of any such cancellation for any reason other than the non-payment of premium, or at least ten (10) days prior to the effective date of any such cancellation by reason of non-payment of premium. If (i) any insurance obtained by Tenant covers Alterations, and (ii) this Lease does not terminate after the occurrence of a fire or other casualty, then (a) Tenant, promptly after the occurrence of such fire or other casualty, shall make an appropriate claim against its insurer in respect thereof, (b) Tenant shall not settle, adjust or compromise any such claim without Landlord's prior approval, which approval Landlord shall not unreasonably withhold or delay, and (c) Tenant shall pay to Landlord any amounts recovered from Tenant's insurer for damage to such Alterations caused by such fire or other casualty, promptly after Tenant's receipt thereof from such insurer (it being agreed, however, that Landlord's obligation to restore such Alterations to the extent otherwise provided herein shall be unaffected by the inadequacy of such insurance to cover the cost of such restoration). Tenant shall deliver promptly to Landlord a copy of any notice of cancellation or any other notice from the insurance carrier which may adversely affect the coverage of the insureds under any policy of insurance described in this Section 9.1. The minimum amounts of liability under the Liability Policy shall be a combined single limit with limits, per person and for respect to each occurrence, occurrence in an amount of not less than Two Five Million Dollars ($2,000,000)5,000,000) for injury (or death) to persons and damage to property, combined single limitwhich amount may be increased from time to time to that amount of insurance which in Landlord's reasonable judgment is then being customarily required by prudent landlords of first-class buildings in Manhattan from tenants leasing space similar in size, with respect nature and location to bodily injury and death and property damage, such the Premises. All insurance required to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises be carried by or on behalf of Tenant whether pursuant to the terms of Section 35this Lease shall be effected under valid and enforceable policies issued by reputable and independent insurers permitted to do business in the State of New York, Section 10and rated in Best's Insurance Guide, or otherwiseany successor thereto (or if there is none, such insurance to provide for only an organization having a reasonable deductible, (cnational reputation) if, as having a general policyholder rating of "A" and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period financial rating of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insurance"XIII".

Appears in 1 contract

Samples: Agreement of Lease (XL Generation International)

Tenant’s Insurance. (a) Tenant shall keep in force maintain at its own expenseall times during the Term (i) "all risk" property insurance covering all present and future Tenant's Property, so long as this Lease remains in effectFixtures and Tenant's Improvements and Betterments to a limit of not less than the full replacement cost thereof, and (aii) commercial general liability insurance, including insurance against assumed or a contractual liability under this Leaseendorsement, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with respect Landlord and each Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to the PremisesTenant, to afford protection as additional insureds, with limits, per person and for each occurrence, limits of not less than Two Million Dollars ($2,000,000), 10,000,000 combined single limit, with respect to limit for bodily injury and death property damage liability in any one occurrence and property damage, such insurance to provide for only a reasonable deductible, (biii) all-risk property boiler and casualty machinery insurance, including theftif there is a boiler, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property supplementary air conditioner or pressure object or similar equipment in the Premises Premises, with Landlord and all improvements each Superior Lessor and installed in the Premises by or on behalf of Tenant whether pursuant Superior Mortgagee whose name and address shall have been furnished to the terms of Section 35Tenant, Section 10as additional insureds, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance with limits of not less than One Million Dollars $10,000,000 and ($1,000,000.00)iv) when Alterations are in process, the insurance specified in Section 5.02(f) hereof. Such policies The limits of such insurance shall be maintained in companies and in form reasonably acceptable not limit the liability of Tenant. Tenant shall deliver to Landlord and shall be written as primary policy coverage and not contributing withany other additional insureds, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord at least 10 days prior to the Commencement Date, which such fully paid-for policies shall name or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its designee andauthorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, at the request of Landlord, its mortgagees, as and Tenant shall deliver to Landlord and any other additional insured and shall also contain a provision stating that insureds such renewal policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designeesa certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies of recognized responsibility approved to do business in New York State and rated by Best's Insurance Reports or any successor publication of comparable standing as A-/VIII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days' prior written notice of such cancellation, lapse or modification. The proceeds of policies providing "all risk" property insurance of Fixtures and Improvements and Betterments shall be payable to Tenant and Tenant shall have the right to receive the proceeds paid with respect to Tenant's Property of any policy maintained by Tenant to provide insurance of Tenant's Property, Tenant shall cooperate with Landlord in connection with the collection of any insurance monies that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance monies. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 8.02 be increased, so that the amount thereof adequately protects Landlord's interest but such increase shall not be in excess of to that amount of insurance shall which in Landlord's reasonable judgment is then being customarily required by prudent landlords of non-institutional first class office buildings in New York City. Any insurance policy with respect to the insurance required to be effective as of the date maintained by Tenant occupies hereunder may be carried under a blanket policy covering the Premises and shall be maintained in force at all times during other locations of Tenant, if any, provided that (x) the Term of this Lease coverages and all other times during which Tenant shall occupy the Premises. In addition limits applicable to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working are separately stated in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of amounts not less than Two Hundred Thousand Dollars the amounts required hereunder and ($200,000.00), combined single limit, with respect y) the coverage afforded under such blanket policy allocable to personal injury and death and property damage, the Premises shall not be less than the coverage which would have been afforded had such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insurancenot been covered under a blanket policy.

Appears in 1 contract

Samples: Lease (Credit Suisse First Boston Usa Inc)

Tenant’s Insurance. Tenant shall keep in force shall, at its own sole cost and expense, so long as this Lease remains in effect, (a) commercial general liability insurance, including insurance against assumed or contractual liability under obtain and maintain throughout the term of this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only on a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at full replacement cost value and with replacement cost endorsementbasis, “all risk” insurance covering all of Tenant’s personal property in the Premises inventory, furniture, furnishings, fixtures, equipment and all tenant improvements or tenant finish (whether or not installed by Landlord) and installed in betterments located on or within the Premises Leased Premises. In addition, Tenant shall obtain and maintain, at its sole cost and expense, comprehensive general public liability insurance providing coverage from and against any loss or damage occasioned by an accident or on behalf of Tenant whether pursuant casualty on, about or adjacent to the terms of Section 35Leased Premises, Section 10including protection against death, or otherwisepersonal injury and property damage. Such liability coverage shall be written on an “occurrence” basis, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance with limits of not less than One Million Dollars ($1,000,000.00)1,000,000.00 combined single limit coverage. Such All policies shall of insurance required to be maintained in companies and in form reasonably acceptable to Landlord and carried by Tenant hereunder shall be written as primary policy coverage by an insurance company licensed to do business in the State of Colorado, and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at and the request of Landlord, its mortgageesmanagement company as an additional named insured and/or loss payee, as additional insured and shall also contain a provision stating that Landlord may direct. Each such policy or policies shall provide that same shall not be canceled except after changed or modified without at least thirty (30) days’ prior written notice to Landlord or its designeesand any mortgagee of Landlord. All such policies Certificates evidencing the extent and effectiveness of all Tenant’s insurance shall be effective as delivered to Landlord and the management company. The limits of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductibleshall not, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by lawunder any circumstances, limit the liability of Tenant under this Lease. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in maintain any of the insurance required of it pursuant to this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminatedprovision, Landlord may shall have the right (but not the obligation) at its option cause Landlord’s election, to pay Tenant’s premiums or to arrange substitute insurance with an insurance company of Landlord’s choosing, in which event any premiums advanced by Landlord shall constitute additional rent payable under this Lease and shall be payable by Tenant to Landlord immediately upon demand for same. Landlord shall also have the right, but no the obligation, whether or not Tenant maintains coverage to carry any such insurance as it Landlord may elect in its sole judgment deems necessary order to provide coverage in the event Tenant fails to properly maintain such insurance. The rights of Landlord hereunder shall be issuedin addition to, and not in lieu of, of any other rights or remedies available to Landlord under this Lease or provided by law or in equity. Without limiting the foregoing, in the event that coverage of any risk for which Tenant is responsible pursuant to this Section 12 is ultimately provided by coverage maintained by Landlord, whether due to Tenant’s failure to provided or maintain such event insurance or otherwise, Tenant agrees shall promptly reimburse Landlord for an amount equal to pay promptly any deductible incurred, immediately upon Landlord’s demand, as additional rent the premiums demand for such insurancesame.

Appears in 1 contract

Samples: Lease Agreement (New Frontier Media Inc)

Tenant’s Insurance. Tenant shall carry at its own expense throughout the Term of this Lease, comprehensive general public liability insurance covering the Premises and, appurtenant areas, and Tenant’s use thereof, and, covering Tenant’s contractual liability under this Lease in an amount periodically adjusted to conform to then current standard business practices for comparable business operations, but in no case less than $2,000,000 in combined single limit and general aggregate coverage for bodily injury or death, personal injury and property damage. Tenant shall keep in full force at its own expense, so long and effect a policy or policies of Worker’s Compensation insurance as this Lease remains in effect, (a) commercial general required by law and with employer’s liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, coverage of not less than Two Million Dollars ($2,000,000)500,000 per employee and per occurrence. The amounts of general liability and employer’s liability insurance shall be increased on the third anniversary of the Measurement Date and every third anniversary thereafter to an amount reasonably determined by Landlord as may be required, combined single limitgiven the then current economic conditions and the size of damage awards generally, to approximate the same level of protection as was provided on the Commencement Date. Tenant shall provide Landlord with respect to bodily injury and death and property damage, copies of insurance policies or other evidence of such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant coverage prior to the terms Commencement Date of Section 35, Section 10, or otherwise, such insurance the Lease and shall provide to provide for only a reasonable deductible, Landlord copies of replacement policies at least thirty (c30) if, and days prior to the extentdate of expiration of a policy. A binder or certificate of insurance shall be sufficient evidence of insurance pending issuance of a policy; provided, required by lawhowever, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) that Tenant shall insure all plate and other interior glass in the Premises for and in the name forward a copy of Landlord, (e) business interruption insurance in an amount sufficient each policy to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00)Landlord when issued. Such insurance policies shall be maintained in companies and in form on forms reasonably acceptable to Landlord and such policies shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carryon an occurrence basis. Tenant shall deposit the policy or policies of such required Such insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee andand any management agent from time to time designated by Landlord and any lender of Landlord as additional insureds, at and shall provide that coverage of additional insureds shall be primary and that any insurance maintained by Landlord shall be excess only. Such insurance shall provide that the request interests of Landlord, its mortgagees, as additional Tenant and other insureds shall be severable such that the act or omission of one insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord avoid or its designeesreduce the coverage of other insureds. All such policies of Such insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insurance.contain endorsements

Appears in 1 contract

Samples: Office Lease (Cougar Biotechnology, Inc.)

Tenant’s Insurance. a. All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and Landlord's lender and qualified to do business in the State. Each policy shall name Xxxxxxxx, and at Xxxxxxxx's request any mortgagee of Landlord, as an additional insured, as their respective interests may appear. Each policy shall contain (i) a cross-liability endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (iii) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (authenticated by the insurer) or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall be delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days after any demand by Landlord therefor. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable except after twenty (20) days written notice to Landlord and Landlord's lender. Tenant shall keep in force furnish Landlord with renewals or "binders" of any such policy at its own expense, so long as this Lease remains in effect, least ten (a10) commercial general liability days prior to the expiration thereof. Tenant agrees that if Xxxxxx does not take out and maintain such insurance, including Landlord may (but shall not be required to) procure said insurance against assumed or contractual liability under this Leaseon Tenant's behalf and charge the Tenant the premiums together with a twenty-five percent (25%) handling charge, with respect payable upon demand. Tenant shall have the right to provide such insurance coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Xxxxxxxx's mortgagee and Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insuranceLease.

Appears in 1 contract

Samples: www.epage.se

Tenant’s Insurance. Tenant shall keep in force at its own expensemaintain Commercial General Liability Insurance covering the insured against claims of bodily injury, so long as this Lease remains in effectpersonal injury and property damage arising out of Tenant’s operations, (a) commercial general liability insurance, including insurance against assumed liabilities or contractual liability under this Lease, with respect to use of the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only including a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, Broad Form Commercial General Liability endorsement covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term insuring provisions of this Lease and all other times during which the performance by Tenant shall occupy of the Premisesindemnity agreements set forth in Section 10.1 of this Lease, for limits of liability not less than $2,000,000.00 for each occurrence and $2,000,000.00 annual aggregate, with 0% Insured’s participation. In addition to the foregoing insurance coverageaddition, Tenant shall require any contractor retained by it to perform work carry Physical Damage Insurance covering (i) all office furniture, trade fixtures, office equipment, merchandise and all other items of Tenant’s property on the Premises to carry and maintaininstalled by, for, or at no the expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductibleTenant, and (ii) workmenall other improvements, alterations and additions to the Premises made by Tenant, any Transferee or other sublessee, assignee or transferee of Tenant’s compensation insurance interests under this Lease (collectively, “Tenant Assignees”), or similar insurance in form and amounts as required at the request of Tenant or any Tenant Assignees, including any improvements, alterations or additions installed by law. In Tenant or any Tenant Assignees, or at the event request of damage to Tenant or destruction any Tenant Assignees, above the ceiling of the Premises and or below the termination floor of this Lease by Landlord pursuant to Section 18 hereinthe Premises. Such insurance shall be written on an “all risks” of physical loss or damage basis, Tenant agrees that it shall pay Landlord all for the full replacement cost value new without deduction for depreciation of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, covered items and in such event Tenant agrees to pay promptly upon Landlord’s demandamounts that meet any co-insurance clauses of the policies of insurance and shall include a vandalism and malicious mischief endorsement, as additional rent the premiums for such insurancesprinkler leakage coverage and earthquake sprinkler leakage coverage.

Appears in 1 contract

Samples: Celtron International Inc

Tenant’s Insurance. Tenant shall keep in force at its own expense, so long as this Lease remains in effect, (a) commercial general liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at At all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverageTerm, Tenant shall require any contractor retained by it to perform work on the Premises to will carry and maintain, at no expense Tenant's expense, the following insurance, in the amounts specified below or such other amounts as Landlord may from time to time reasonably request, with insurance companies and on forms satisfactory to Landlord: (a) Commercial General Liability occurrence form, during such times as contractor is working in or equivalent, covering the PremisesPremises and operations of the Tenant, a non-deductible (i) comprehensive general liability insurance policyincluding personal injury and contractual liability, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form with combined single limit for bodily injury and property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00)2,000,000 dollars per occurrence, combined single limit2,000,000 dollars annual aggregate, with respect to personal injury naming Landlord, its agents and death and property damage, such insurance to provide for no deductibleemployees, and (ii) workmen’s compensation insurance or any others specified from time to time by Landlord, as additional insured under such Policy. Such policy will be primary insurance, and any similar insurance which may be purchased by the Landlord shall be in form excess of Tenant's policy, and amounts as required by lawnot contributory therewith. In (b) Insurance covering all of Tenant's furniture and fixtures, machinery, equipment, stock, merchandise and any other personal property owned or used in Tenant's business and found in, on, or about the event of damage Building, and any Leasehold improvements to or destruction the Premises in excess of the Premises and the termination of this Lease by Landlord pursuant to Section 18 hereinallowance, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether if any, provided pursuant to the terms Workletter, if any, in an amount not less than the full replacement value, against Basic Form Causes of Section 35Loss (fire and extended coverage). All policy proceeds will be used for the repair or replacement of the damaged or destroyed property; however if this Lease terminates pursuant to the provisions of Article 18, Section 10Tenant will be entitled to any proceeds resulting from damage to Tenant's furniture and fixtures, machinery, equipment, stock and other personal property. (c) Worker's compensation insurance insuring against and satisfying Tenant's obligations and liabilities under the Worker's Compensation laws of the state of Kansas, including Employer's Liability insurance with a limit of not less than 1,000,000 dollars. (d) If Tenant operates owned, hired, or otherwise. If Tenant fails to comply non-owned vehicles on the project, Automobile Liability insurance with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insurancelimits not less than 1,000,000 dollars.

Appears in 1 contract

Samples: Office Lease (Vanguard Airlines Inc \De\)

Tenant’s Insurance. Tenant shall keep in force shall, at its own Tenant's expense, so long as this maintain during the Lease remains in effect, Term (a) commercial general liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which if Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on or conduct activities in or about the Premises prior to carry and maintainor after the Lease Term, at no expense to Landlord, then also during such times as contractor is working in the Premises, a nonpre-deductible term or post-term period): (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, including contractual liability coverage, completed with a minimum coverage of One Million Dollars ($1,000,000) per occurrence/One Million Dollars ($1,000,000) general aggregate, for injuries to, or illness or death of, persons and damage to property occurring in or about the Premises or otherwise resulting from Tenant's operations coveragein the Building, broad form (ii) property insurance protecting Tenant against loss or damage endorsement by fire and contractor’s protective liability coveragesuch other risks as are insurable under then-available standard forms of "all risk" insurance policies (excluding earthquake and flood but including water damage), covering Tenant's property in or about the Premises or the Real Property and also covering any fixtures that may belong to afford protection with limits per person Tenant and any Alterations not in the nature of ordinary office improvements, but excluding the improvements existing in the Premises as of the date of Tenant's initial occupancy of the Premises, for each occurrence, of not less than Two Hundred Thousand Dollars eighty percent ($200,000.00)80%) of the full replacement value thereof without deduction for depreciation; and (iii) workers' compensation insurance in statutory limits. The above-described comprehensive general liability insurance shall protect Tenant, combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductibleas named insured, and (ii) workmen’s compensation insurance or similar insurance Landlord and all the Indemnities, as defined in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued14, and in such event Tenant agrees to pay promptly upon any other parties designated by Landlord’s demand, as additional rent insureds; shall insure Landlord's and such other parties' contingent liability with regard to acts or omissions of Tenant; and shall specifically include all liability assumed by Tenant under this Lease (provided, however, that such contractual liability coverage shall not limit or be deemed to satisfy Tenant's indemnity obligations under this Lease). Landlord reserves the premiums for such insuranceright to reasonably increase the foregoing amount of liability coverage from time to time as Landlord's insurance consultant determines is required to adequately protect Landlord and the other parties designated by Landlord from the matters insured thereby.

Appears in 1 contract

Samples: Xybernaut Corp

Tenant’s Insurance. a. All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and Landlord's lender and qualified to do business in the State. Each policy shall name Landlord, and at Landlord's request any mortgagee of Landlord, as an additional insured, as their respective interests may appear. Each policy shall contain (i) a cross-liability endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be primary and non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (iii) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (authenticated by the insurer) or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall be delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days after any demand by Landlord therefor. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancellable except after twenty (20) days written notice to Landlord and Landlord's lender. Tenant shall keep in force furnish Landlord with renewals or 'binders" of any such policy at its own expense, so long as this Lease remains in effect, least ten (a10) commercial general liability days prior to the expiration thereof. Tenant agrees that if Tenant does not take out and maintain such insurance, including Landlord may (but shall not be required to) procure said insurance against assumed or contractual liability under this Leaseon Tenant's behalf and charge the Tenant the premiums together with a twenty-five percent (25%) handling charge, with respect payable upon demand. Tenant shall have the right to provide such insurance coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Landlord's mortgagee and Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insuranceLease.

Appears in 1 contract

Samples: Office Building Lease (Augment Systems Inc)

Tenant’s Insurance. Tenant A. Tenant, at its sole cost and expense, during the entire Term hereof, shall, commencing with the date upon which possession of the Premises shall be made available to Tenant, procure, pay for and keep in full force at its own expense, so long as this Lease remains in and effect, : (ai) a commercial general liability insuranceinsurance policy (ISO form or equivalent), including insurance against assumed or contractual liability under this Lease, Lease with respect to the PremisesPremises and the operations of Tenant and any subtenants of Tenant in, on or about the Premises in which the limits with respect to afford protection with limits, per person personal liability and for each occurrence, of property damage shall not be less than Two Three Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only 3,000,000) per occurrence on a reasonable deductible, location basis; (bii) all-all risk property insurance including theft and, if applicable, boiler and casualty insurance, including theftmachinery coverage, written at replacement cost value in an adequate amount to avoid coinsurance and with a full replacement cost endorsementendorsement insuring the Tenant's trade fixtures, covering all equipment, merchandise and furnishings and any other items of personal property of Tenant and including the property of Tenant’s personal property 's customers located on or in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, Premises; (ciii) if, and to the extent, workers' compensation coverage as required by law; (Iv) with respect to alterations, workmen’s compensation additions or similar insurance offering statutory coverage improvements and containing statutory limitsthe like required or permitted to be made by Tenant hereunder, (d) shall insure all plate contingent liability and other interior glass builder's risk insurance, in the Premises for and in the name of amounts reasonably satisfactory to Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months ; and (fv) pollution coverage such other insurance of not less than One Million Dollars ($1,000,000.00)as from time to time may be required by city, county, state or Federal laws, codes, regulations or authorities. Such The deductibles or self-insurance portion under any such insurance policies shall to be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. carried by Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred exceed Fifty Thousand Dollars ($200,000.00), combined single limit, 50,000) or such higher commercially reasonable amount consistent with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by lawTenant's financial condition. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of if Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if does not take out and maintain such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminatedinsurance, Landlord may at its option cause such (but shall not be required to) procure said insurance on Tenant's behalf and charge the Tenant the premiums, payable upon demand as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insuranceAdditional Rent.

Appears in 1 contract

Samples: Office Space Lease Agreement (Allegiant Travel CO)

Tenant’s Insurance. Tenant shall keep in force at its own expense, so long as this Lease remains in effect, (a) commercial general public liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily personal injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s 's personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 3534, Section 109, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s 's compensation or similar insurance offering statutory coverage and containing statutory limits, and (d) shall insure all plate and other interior glass in the Premises for and in the name of the Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional named insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ day's written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s 's liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s 's protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s 's compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 17 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, 9 or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s 's demand, as additional rent the premiums for such insurance.

Appears in 1 contract

Samples: One Constellation Centre (Corporate Office Properties Trust)

Tenant’s Insurance. Tenant shall keep in force at its own expense, so long as this Lease remains in effect, maintain throughout the Term the ------------------ following insurance policies: (a1) commercial general liability insuranceinsurance in amounts of $2,000,000.00 per occurrence or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including insurance liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord's agents and their respective Affiliates against assumed all liability for injury to or contractual liability under this Lease, with respect death of a person or persons or damage to property arising from the use and occupancy of the Premises, to afford protection with limits, per person and for each occurrence, (2) insurance covering the full value of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk Tenant's property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) ifimprovements, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, other property (dincluding property of others) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i3) comprehensive contractual liability insurance sufficient to cover Tenant's indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant's commercial general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible(4) worker's compensation insurance, and (ii5) workmen’s compensation business interruption insurance. Tenant's liability insurance shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issuedcoverage, and in such event circumstance Landlord's policy will be excess over Tenant's policy. Tenant agrees shall furnish to pay promptly upon Landlord certificates of such insurance and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required hereunder, and Tenant shall obtain a written obligation on the part of each insurance company to notify Landlord at least 30 days before cancellation or a material change of any such insurance policies. All such insurance policies shall be in form, and issued by companies, reasonably satisfactory to Landlord’s demand, as additional rent the premiums for such insurance.

Appears in 1 contract

Samples: Lease Agreement (Verisity LTD)

Tenant’s Insurance. Tenant shall keep in force at its own expense, so long as procure and maintain throughout the Term of this Lease remains in effect, (a) a policy of commercial general liability insurance, including insurance at its sole cost and expense, insuring Tenant against assumed all claims, demands or contractual liability under this Leaseactions arising out of or in connection with Tenant's use or occupancy of the premises, in accordance with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) ifParagraph 6.5 hereof, and to the extent, required be written by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass companies qualified to do business in the Premises for state in which the premises are located, with a general policyholder rating of at least A- and a financial rating of at least VIII in the most current Best Insurance Report available at the time of execution of this Lease. Landlord and Landlord's managing agent, if any and if requested by Landlord in writing, shall be listed as an additional insured on such insurance policy. Tenant shall provide Landlord with a certificate of Tenant's insurance or a copy thereof as required above. Upon written request by Landlord, changes in the name of Landlord (or Landlord, (e's managing agent) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00)shall be reflected on such certificate. Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies duly executed certificate of insurance shall be effective as of promptly delivered to Landlord on the date on which Tenant occupies the Leased Premises or any portion thereof and renewal thereof as required shall be maintained in force delivered to Landlord at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition least seven (7) days prior to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction expiration of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwiserespective policy terms. If Tenant fails to comply with its covenants made procure and provide to Landlord the certificate of insurance within the period specified hereinabove, Landlord shall have the option to procure the required insurances at the sole cost and expense of Tenant and Tenant shall reimburse to Landlord the reasonable cost of such insurances within thirty (30) days of the date of procurement thereof. Nothing in this SectionSection 6.8 is or shall be deemed to constitute a release or waiver by Landlord of any claim(s) which Landlord might otherwise have against Tenant arising from the negligent or wrongful acts or omissions of Tenant or any officer, if director, employee, agent, representative, contractor, invitee, licensee, or visitor of Tenant, it being the sole and exclusive responsibility of Tenant, hereby acknowledged, to secure sufficient insurance to safeguard Tenant against any and all such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insuranceclaims.

Appears in 1 contract

Samples: Lease Agreement (Mission Critical Software Inc)

Tenant’s Insurance. Effective as of the earlier of (a) the date Tenant enters or occupies the Premises, or (b) the Commencement Date, and continuing throughout the Term, Tenant shall keep in force at its own expense, so long as this Lease remains in effect, maintain the following insurance policies: (a1) commercial general liability insuranceinsurance (including property damage, including insurance against assumed or contractual liability under this Leasebodily injury and personal injury coverage) in amounts of $1,000,000 per occurrence in primary coverage, with respect an additional $3,000,000 in umbrella coverage or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant (and naming as additional insureds Landlord, Landlord’s property management company, Landlord’s asset management company and, if requested in writing by Landlord, Landlord’s Mortgagee), against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment, (2) cause of loss-special risk form (formerly “all-risk”) insurance (including, but not limited to, sprinkler leakage, ordinance and law, sewer back-up, flood, earthquake, windstorm and collapse coverage) covering the full value of all alterations and improvements and betterments in the Premises, to afford protection with limits, per person naming Landlord and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductibleLandlord’s Mortgagee as additional loss payees as their interests may appear, (b3) cause of loss-special risk form (formerly “all-risk property risk”) insurance covering the full value of all furniture, trade fixtures, equipment and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property (including property of Tenant or others) in the Premises and all improvements and installed or otherwise placed in the Premises Project by or on behalf of a Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductibleParty (including Tenant’s Off-Premises Equipment), (c4) ifcontractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy), (5) commercial auto liability insurance (if applicable) covering automobiles owned, hired or used by Tenant in carrying on its business with limits not less than $1,000,000 combined single limit for each accident, insuring Tenant (and naming as additional insureds Landlord, Landlord’s property management company, Landlord’s asset management company and, if requested in writing by Landlord, Landlord’s Mortgagee), (6) worker’s compensation insurance, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e7) business interruption insurance in an amount sufficient reasonably acceptable to reimburse Landlord. Tenant’s insurance shall be primary and non-contributory when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. Tenant for loss shall furnish to Landlord certificates of earnings attributable such insurance and such other evidence satisfactory to prevention Landlord of access the maintenance of all insurance coverages required hereunder at least ten days prior to the Building earlier of the Commencement Date or the date Tenant enters or occupies the Premises for a period (in any event, within ten days of the effective date of coverage), and at least twelve (12) months 15 days prior to each renewal of said insurance, and (f) pollution coverage Tenant shall obtain a written obligation on the part of each insurance company to notify Landlord at least 30 days before cancellation or a material change of not less than One Million Dollars ($1,000,000.00)any such insurance policies. Such All such insurance policies shall be maintained in companies and in form reasonably acceptable satisfactory to Landlord and shall be written as primary issued by companies with an A.M. Best rating of A+:VIII or better. However, no review or approval of any insurance certificate or policy coverage and not contributing with, or in excess of, any coverage which by Landlord shall carry. Tenant shall deposit the policy derogate from or policies of such required insurance diminish Landlord’s rights or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractorTenant’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwiseobligations hereunder. If Tenant fails to comply with its covenants made the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any other remedy available pursuant to this SectionLease or otherwise, if may, but shall not be obligated to, obtain such insurance would terminate or if and Tenant shall pay to Landlord has reason to believe on demand the premium costs thereof, plus an administrative fee of 15% of such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insurancecost.

Appears in 1 contract

Samples: Lease Agreement (Mimecast LTD)

Tenant’s Insurance. Tenant shall keep in force Tenant, at its own Tenant's sole cost and expense, so long shall obtain and maintain for the Term of this Lease, insurance policies providing the following coverage: (i) "all risk" or "special form" property insurance for the Tenant Fixtures (as this Lease remains defined in effectSection 20.1) and merchandise and other contents, for the full replacement cost of said items, (aii) "all risk" property or "special form" insurance business interruption coverage on a one hundred percent (100%), twelve (12) month actual loss sustained basis, (iii) all perils included in the classification "all-risk property insurance coverage" or "special causes of loss" under insurance industry practices in effect from time to time in the jurisdiction in which the Shopping Center is located, and which shall include, but not necessarily be limited to, coverage against wind and flood (if required); (iv) plate glass insurance, (v) commercial general liability insuranceinsurance (covering, including insurance against assumed or without limitation, Tenant's contractual liability under this Lease, and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy, Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter in such amounts as Landlord may reasonably require) naming Landlord, the Landlord Entities and any mortgagees and master lessors as additional insureds, which policy is to be in the minimum amount of One Million Dollars ($1,000,000.00) per occurrence, in the minimum amount of Two Million Dollars ($2,000.000.00) in the aggregate, in the minimum amount of One Million Dollars ($1,000,000.00) with respect to personal injury and advertising injury liability, and in the minimum amount of One Million Dollars ($1,000,000.00) with respect to property damage, (vi) product liability insurance for merchandise offered for sale or rental from the Premises, to afford protection with limitsincluding (if this Lease covers Premises in which food and/or alcoholic beverages are sold and/or consumed) liquor liability coverage and if food and/or beverages are sold and/or consumed, per person and coverage for each occurrenceliability arising out of the consumption of food and/or alcoholic beverages on or obtained at the Premises, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily 2,000,000.00) per occurrence for personal injury and death and property damage, such insurance to provide for only a reasonable deductiblewhich shall name Landlord, the Landlord Entities, and any mortgagees and master lessors as additional insureds, (bvii) all-risk property workers' compensation insurance coverage in accordance with the laws of the Commonwealth of Pennsylvania and casualty employer's liability insurance in the minimum amount of One Million Dollars ($1,000,000.00) with respect to each occurrence of bodily injury by accident, the minimum amount of One Million Dollars ($1,000,000.00) in the aggregate for bodily injury by disease and the minimum amount of One Million Dollars ($1,000,000.00) per employee in respect to bodily injury by disease, (viii) business automobile liability insurance, including theft"non-owned" automobiles, written at replacement cost value against bodily injury, including death resulting therefrom, and with replacement cost endorsementproperty damage, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance limits of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies ) per accident covering owned, leased, hired and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises owned vehicles used by or on behalf of Tenant whether pursuant to Tenant, (ix) excess general, business automobile and employer's liability insurance with limits not less than Two Million Dollars ($2,000,000.00) per occurrence, and (x) "all risk" or "special form" builder's risk insurance in accordance with the terms provisions of Section 359.4. Both business automobile and excess liability policies shall name Landlord, Section 10the Landlord Entities, and any mortgagees and master lessors as additional insureds. Neither the issuance of any insurance policy required hereunder, nor the minimum limits specified herein with respect to Tenant's insurance coverages, shall be deemed to limit or otherwiserestrict in any way Tenant's liability arising under or out of this Lease. If With respect to each and every one of the insurance policies herein required to be procured by Tenant, before the earlier of the commencement of Tenant's Work and the date Tenant fails to comply with its covenants made in this Sectiontakes possession of the Premises, if and before any such insurance would terminate policy shall expire, Tenant shall deliver to Landlord a duplicate original or if certified copy of each such policy or a certificate of the insurance, certifying that such policy has been issued, providing the coverage required by this Section and containing provisions specified herein, together with evidence of payment of all applicable premiums. In the event that Tenant shall fail promptly to furnish evidence of any insurance coverage, Landlord, at its sole option, may obtain the required insurance as set forth in Section 18.5 on Tenant's behalf, at Tenant's expense, and issue Tenant an invoice for all costs incurred. Without limiting the foregoing, the "Landlord has reason to believe Entities" (which are defined as the following Landlord affiliated entities, and/or such insurance is about to be terminated, other entities as Landlord may at its option cause such insurance as it in its sole judgment deems necessary designate by notice to Tenant from time to time, including without limitation, Landlord's lender), shall be issuedadditional insureds under clauses (v), (vi), (viii) and in such event Tenant agrees to pay promptly upon Landlord’s demand(ix): Springfield Shoppes Associates, as additional rent the premiums for such insurance.LP 000 Xxxxxxxxxxx Xxxxxxxxx, Xxxxx 000 Xxxxxxxxxx, Xxxxxxxxxxxx 00000 Horizon Properties Group, LLC 000 Xxxxxxxxxxx Xxxxxxxxx, Xxxxx 000 Xxxxxxxxxx, Xxxxxxxxxxxx 00000

Appears in 1 contract

Samples: Shopping Center Lease (Fast Casual Concepts, Inc.)

Tenant’s Insurance. The Tenant shall keep agrees to maintain in full force at its own expensefrom the Commencement Date, throughout the Term, and thereafter, so long as this Lease remains the Tenant is in effectoccupancy of any part of the Premises, (a) a policy of commercial general liability insuranceinsurance on an occurrence basis under which the Landlord (and any individuals or entities affiliated with the Landlord, including insurance against assumed or any ground lessor and any holder of a mortgage on the Property of whom the Tenant is notified by the Landlord) are named as additional insureds, and under which the insurer provides a contractual liability under endorsement insuring against all cost, expense and liability arising out of or based upon any and all claims, accidents, injuries and damages described in Section 7.1, in the broadest form of such coverage from time to time available. Each policy required hereunder shall be noncancellable and nonamendable (to the extent that any proposed amendment reduces the limits or the scope of the insurance required in this Lease, ) with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage such ground lessors and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after mortgagees without thirty (30) days’ written prior notice to the Landlord or its designees. All and such policies ground lessors and mortgagees and at the election of the Landlord, either a certificate of insurance or a duplicate original policy shall be effective delivered to the Landlord. The minimum limits of Tenant’s liability insurance as of the Commencement Date (or such earlier date upon which the Tenant occupies the Premises and shall be maintained in force at first commences occupancy of all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require or any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction part of the Premises and for the termination commencement of this Lease any alterations or additions undertaken by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, this Lease or otherwise) shall be Two Million Dollars ($2,000,000.00) for combined bodily injury (or death) and damage to property (per occurrence) with an aggregate annual limit of liability of Three Million Dollars ($3,000,000.00), and from time to time during the Term such limits of liability shall be increased to reflect such higher limits as are customarily required pursuant to new leases of space in the Baltimore, Maryland area with respect to similar properties and similar uses. If Tenant fails to comply Such liability insurance may be effected with its covenants made in this Section, if a combination of a base commercial general liability policy and umbrella insurance provided that any such umbrella coverages provided are on a ““following form”“ basis. The Landlord shall have reasonable approval over the identity of the Tenant’s insurance would terminate or if Landlord has reason to believe such underwriters. Each policy of insurance is about required to be terminated, carried by Tenant under this Lease shall be issued by companies rated not less than A-/IX by Best’s Rating Service (or its successor) or otherwise acceptable to Landlord may at its option cause such insurance as it in its sole judgment deems necessary the Landlord’s reasonable discretion and licensed to be issueddo business in the State of Maryland, and in such event Tenant agrees Tenant’s liability insurance policy shall be primary with respect to pay promptly upon Landlord’s demand, as additional rent the premiums for such insuranceall claims.

Appears in 1 contract

Samples: Champions Biotechnology, Inc.

Tenant’s Insurance. Section 8.02 of the Lease is hereby deleted and, in lieu thereof, the following is instead substituted: Tenant shall keep in force purchase, at its own expense, so long as this and keep in force at all times during the Lease remains in effectTerm the policies of insurance set forth below (collectively, “Tenant’s Policies”). All Tenant’s Policies shall (a) commercial general liability insurance, including be issued by an insurance against assumed company with a Best’s rating of A or contractual liability under this Lease, with respect to better (excluding situations where the Premises, to afford protection with limits, per person Tenant self-insures as provided herein) and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form otherwise reasonably acceptable to Landlord and shall be licensed to do business in the state in which the Leased Premises is located; (b) provide that said insurance shall not be canceled unless 30 days’ prior written notice shall have been given to Landlord; (c) provide for deductible amounts that are reasonably acceptable to Landlord (and its lender, if applicable) and (d) otherwise be in such form, and include such coverages, as primary policy Landlord may reasonably require. The Tenant’s Policies described in (i) and (ii) below shall (1) provide coverage on an occurrence basis; (2) name Landlord (and its lender, if applicable) as additional insured; (3) provide coverage, to the extent insurable, for the indemnity obligations of Tenant under this Lease; (4) contain a separation of insured parties provision; (5) be primary, with respect to Tenant’s obligations under the Lease, not contributing with, or and not in excess of, any coverage which that Landlord may carry (with Landlord’s insurance being primary with respect to Landlord’s obligations under the lease); and (6) provide coverage with no exclusion for a pollution incident arising from a hostile fire. All Tenant’s Policies (or, at Landlord’s option, Certificates of Insurance and applicable endorsements, including, without limitation, an “Additional Insured-Managers or Landlords of Premises” or similar endorsement) shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with be delivered to Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the Date and upon renewal and request a Certificate of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not Insurance will be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by lawdelivered. In the event of damage that Tenant fails, at any time or from time to or destruction time, to comply with the requirements of the Premises preceding sentence, Landlord may (A) order such insurance and charge the termination of this Lease cost thereof to Tenant, which amount shall be payable by Tenant to Landlord pursuant to Section 18 hereinupon demand, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by as Additional Rent or (B) impose on behalf of Tenant whether pursuant to the terms of Section 35Tenant, Section 10as Additional Rent, or otherwise. If a monthly delinquency fee, for each month during which Tenant fails to comply with the foregoing obligation, in an amount equal to five percent (5%) of the Monthly Rental Installments then in effect. Tenant shall give prompt notice to Landlord and Agent of any bodily injury, death, personal injury, advertising injury or property damage occurring in and about the Property. Tenant shall purchase and maintain, throughout the Term, a Tenant’s Policy(ies) of: (i) commercial general or excess liability insurance, including personal injury and property damage, in the amount of not less than $2,000,000.00 per occurrence, and $5,000,000.00 annual general aggregate, per location; (ii) comprehensive automobile liability insurance covering Tenant against any personal injuries or deaths of persons and property damage based upon or arising out of the ownership, use, occupancy or maintenance of a motor vehicle at the Premises and all areas appurtenant thereto in the amount of not less than $1,000,000, combined single limit; (iii) omitted; (iv) workers’ compensation insurance per the applicable state statutes covering all employees of Tenant; (v) business interruption insurance with limits not less than an amount equal to two (2) years’ rent due hereunder; and if Tenant handles, stores or utilizes Hazardous Substances in its covenants made business operations, (vi) pollution legal liability insurance. The foregoing notwithstanding, Landlord hereby consents to Tenant’s self-insurance program provided that, at all times throughout the Term during which Tenant desires that Landlord accept Tenant’s self-insurance program, said program contains procedures (reasonably acceptable to Landlord) governing the investigation, litigation, processing, funding of reserves, and payment of insurance claims (including claims brought by Landlord in its capacity as an additional insured under this Lease), which procedures shall be consistent with those of third-party insurers. At all times, Tenant’s self-insurance program shall be subject to, and comply with, all of the requirements for Tenant’s insurance policies as described in this SectionSection 8.02 and Landlord’s consent to Tenant’s self-insurance program shall not diminish or abrogate any or all of said requirements in any way. Upon Landlord’s request, if Tenant shall deliver to Landlord certificates and written details, reasonably acceptable to Landlord, evidencing the compliance of its self-insurance program with the provisions of this paragraph. Landlord’s consent to Tenant’s self-insurance program will automatically terminate upon the effective date of any assignment, transfer or assumption of the Lease by or to any third party, including transfers by operation of law, regardless of whether or not Landlord consents to such insurance would terminate transfer (and without, in any way or to any extent, constituting a waiver of any requirement imposed under this Lease that Landlord consent to, and approve of, any such assignment, transfer or assumption). If the net worth of Tenant is less than Fifty Million and N0/100 Dollars ($50,000,000.00), or if Landlord has reason to believe such insurance is about to be terminatedTenant further assigns the Lease or sublets the Leased Premises or any part thereof, then Landlord may at require Tenant, or its option cause such assigns or subtenants, to keep in force during the Term of the Lease the insurance policies referenced in this Section 8.02. As used herein, the term “net worth” shall mean the stockholder’s equity as it determined in its sole judgment deems necessary to be issued, and accordance with generally accepted accounting principles as published in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insurancemost recent annual report of Tenant.

Appears in 1 contract

Samples: Industrial Lease Agreement

Tenant’s Insurance. Tenant shall keep in force purchase, at its own expense, so long as this and keep in force at all times during the Lease remains in effectTerm the policies of insurance set forth below (collectively, “Tenant’s Policies”). All Tenant’s Policies shall (a) commercial general liability insurance, including be issued by an insurance against assumed company with a Best’s rating of A or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person better and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form otherwise reasonably acceptable to Landlord and shall be licensed to do business in the state in which the Leased Premises is located; (b) provide that said insurance shall not be canceled or materially modified unless 30 days’ prior written notice shall have been given to Landlord; (c) provide for deductible amounts that are reasonably acceptable to Landlord (and its lender, if applicable) and (d) otherwise be in such form, and include such coverages, as primary policy Landlord may reasonably require. The Tenants Policies described in (i) and (ii) below shall (1) provide coverage on an occurrence basis; (2) name Landlord (and its lender, if applicable) as additional insured; (3) provide coverage, to the extent insurable, for the indemnity obligations of Tenant under this Lease; (4) contain a separation of insured parties provision; (5) be primary, not contributing with, or and not in excess of, any coverage which that Landlord may carry; and (6) provide coverage with no exclusion for a pollution incident arising from a hostile fire. All Tenant’s Policies (or, at Landlord’s option, Certificates of Insurance and applicable endorsements, including, without limitation, an “Additional Insured-Managers or Landlords of Premises” endorsement) shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with be delivered to Landlord prior to the Commencement DateDate and renewals thereof shall be delivered to Landlord’s notice addresses at least 30 days prior to the applicable expiration date of each Tenants Policy, In the event that Tenant fails, at any time or from time to time, to comply with the requirements of the preceding sentence, Landlord may (A) order such insurance and charge the cost thereof to Tenant, which policies amount shall name be payable by Tenant to Landlord or its designee and, at the request of Landlord, its mortgageesUpon demand, as additional insured and Additional Rent or (B) impose on Tenant, as Additional Rent, a monthly delinquency fee, for each month during which Tenant falls to comply with the foregoing obligation, in an amount equal to five percent (5%) of the Monthly Rental installments then in effect. Tenant shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written give prompt notice to Landlord and Agent of any bodily injury, death, personal injury, advertising injury or its designeesproperty damage occurring in and about the Property. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy purchase and maintain throughout the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the PremisesTerm, a non-deductible Tenant’s Policy(ies) of: (i) comprehensive commercial general or excess liability insurance policyinsurance, includingincluding personal injury and property damage, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, in the amount of not less than Two Hundred Thousand Dollars $2,000.000 per occurrence, and $5,000,000.00 annual general aggregate, per location, (ii) comprehensive automobile liability insurance covering Tenant against any personal injuries or deaths of persons and property damage based upon or arising out of the ownership, use, occupancy or maintenance of a motor vehicle at the Premises and all areas appurtenant thereto in the amount of not less than $200,000.00)1,000,000, combined single limit, ; (iii) commercial property insurance covering Tenant’s Property (at its full replacement cost); (iv) workers’ compensation insurance per the applicable state statutes covering all employees of Tenant; (v) business interruption insurance with respect limits not less than an amount equal to personal injury and death and property damage, such insurance to provide for no deductibletwo (2) years’ rent due hereunder, and (ii) workmen’s compensation insurance if Tenant handles, stores or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it utilizes Hazardous Substances in its sole judgment deems necessary to be issuedbusiness operations, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such (vi) pollution legal liability insurance.

Appears in 1 contract

Samples: Industrial Lease (Alynx, Co.)

Tenant’s Insurance. Effective as of the earlier of (1) the date Tenant enters or occupies the Premises, or (2) the Commencement Date, and continuing throughout the Term, Tenant shall keep in force at its own expense, so long as this Lease remains in effect, maintain the following insurance policies: (aA) commercial general liability insuranceinsurance in amounts of $3,000,000 per occurrence or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord’s property management company, Landlord’s asset management company and, if requested in writing by Landlord, Landlord’s Mortgagee against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment, (B) insurance against assumed or contractual liability under this Lease, with respect to covering the full value of all alterations and improvements and betterments in the Premises, to afford protection with limits, per person naming Landlord and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductibleLandlord’s Mortgagee as additional loss payees as their interests may appear, (bC) all-risk property insurance covering the full value of all furniture, trade fixtures and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property (including property of Tenant or others) in the Premises and all improvements and installed or otherwise placed in the Premises Project by or on behalf of a Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductibleParty (including Tenant’s Off-Premises Equipment), (cD) ifcontractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy), (E) worker’s compensation insurance, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (eF) business interruption insurance in an amount sufficient reasonably acceptable to reimburse Landlord. The commercial general liability insurance to be maintained by Tenant for loss may have a deductible of earnings attributable no more than $5,000 per occurrence; the property insurance to prevention be maintained by Tenant may have a deductible of access no more than $10,000 per occurrence; and, all other insurance to be maintained by Tenant shall have no deductible. Tenant’s insurance shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. Tenant shall furnish to Landlord certificates of such insurance and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required hereunder at least ten days prior to the Building earlier of the Commencement Date or the Premises for a period of date Tenant enters or occupies the Premises, and at least twelve (12) months 15 days prior to each renewal of said insurance, and (f) pollution coverage Tenant shall obtain a written obligation on the part of each insurance company to notify Landlord at least 30 days before cancellation or a material change of not less than One Million Dollars ($1,000,000.00)any such insurance policies. Such All such insurance policies shall be maintained in form, and issued by companies and in form with a Best’s rating of A+:VII or better, reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense satisfactory to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any other remedy available pursuant to this SectionLease or otherwise, if may, but shall not be obligated to, obtain such insurance would terminate or if and Tenant shall pay to Landlord has reason to believe on demand the premium costs thereof, plus an administrative fee of 15% of such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insurancecost.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Polarityte, Inc.)

Tenant’s Insurance. Tenant shall keep in force Tenant, at its own expense, so long as this Lease remains in effect, (a) commercial general liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person shall procure and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times maintain during the Term of this Lease special form all risk property insurance covering the full replacement cost of all property and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working improvements installed or placed in the Premises, including without limitation the tenant improvements described in EXHIBIT D attached hereto; worker's compensation insurance with no less that the minimum limits required by law and employer's liability insurance with a non-deductible minimum limit of One Million and 00/100 Dollars (i$1,000,000.00) per occurrence. Tenant shall also, at Tenant's sole cost and expense, for the benefit of Landlord, Landlord's manager and Tenant, maintain comprehensive commercial general liability insurance policywith broad liability endorsement against claims for personal injury, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form death or property damage endorsement and contractor’s protective liability coverageoccurring upon, to in or about the Premises. Such insurance shall afford protection with limits per person to Landlord, its managing agent and for each occurrence, Tenant to the limit of not less than Two Hundred Thousand Three Million and 00/100 Dollars ($200,000.00)3,000,000.00) per occurrence, and Three Million and 00/100 Dollars ($3,000,000.00) aggregate, combined single limit, with respect to personal limit bodily injury and death and property damage. Such policies of insurance shall insure on an occurrence and not a claims-made basis, such insurance be written in companies reasonably satisfactory to provide for no deductibleLandlord, name Landlord, Landlord's directors, officers, members, shareholders, agents and employees as additional insureds thereunder, not be cancelable unless 30 days prior written notice shall have been given to Landlord, and (ii) workmen’s compensation insurance such policies, or similar insurance in form and amounts as required by law. In the event a memorandum or certificate of damage such insurance, shall, prior to or destruction Tenant taking possession of the Premises and Premises, be delivered to Landlord endorsed "Premium Paid" by the termination company or agency issuing the same or accompanied by other evidence satisfactory to Landlord that the premium thereon has been paid. Further, the commercial liability, shall be issued by insurance companies which are reasonably acceptable to Landlord. At such time as insurance limits required of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made tenants in similar buildings in the Premises by or on behalf of Tenant whether pursuant area in which the Building is located are generally increased to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminatedgreater amounts, Landlord shall have the right to require by written notice to Tenant such greater limits as may at its option cause such insurance as it in its sole judgment deems necessary to then be issued, and in such event customary. Tenant agrees to pay promptly upon include in such policy the contractual liability coverage insuring Tenant's indemnification obligations provided for herein. Tenant's liability coverage shall be deemed primary to any liability coverage secured by Landlord’s demand, as additional rent the premiums for such insurance.

Appears in 1 contract

Samples: Lease Agreement (Carter Holdings Inc)

Tenant’s Insurance. Effective as of the earlier of (1) the date Tenant enters of occupies the Premises, or (2) the Commencement Date, and continuing throughout the Term, Tenant shall keep in force at its own expense, so long as this Lease remains in effect, maintain the following insurance policies: (aA) commercial general liability insuranceinsurance in amounts of $3,000,000 per occurrence or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy[e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord’s property management company, Landlord’s asset management company and, if requested in writing by Landlord, Landlord’s Mortgagee, against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment, (B) insurance against assumed or contractual liability under this Lease, with respect to covering the full value of all alterations and improvements and betterments in the Premises, to afford protection with limits, per person naming Landlord and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductibleLandlord’s Mortgagee as additional loss payees as their interest may appear, (bC) all-risk property insurance covering the full value of all furniture, trade fixtures and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property (including property of Tenant or others) in the Premises and all improvements and installed or otherwise placed in the Premises Project by or on behalf of a Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductibleParty (including Tenant’s Off-Premises Equipment, (cD) ifcontractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy), (E) worker’s compensation insurance, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (eF) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall Landlord. Any insurance required to be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. maintained by Tenant shall deposit the may be taken out under a blanket insurance policy or policies of such required insurance covering other premises, property or certificates thereof with Landlord prior insureds in addition to the Commencement DatePremises and Tenant, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that provided such policy or policies otherwise comply with this Section 11(a). Tenant’s insurance shall not be canceled except after thirty (30) days’ written notice provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or its designeessimilar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. Tenant shall furnish to Landlord certificates of such insurance and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required hereunder at least ten days prior to the earlier of the Commencement Date or the date Tenant enters or occupies the Premises, and at least 15 days prior to each renewal of said insurance, and Tenant shall obtain a written obligation on the part of each insurance company to notify Landlord at least 30 days before cancellation or a material change of any such insurance. All such insurance policies of insurance shall be effective as in form, and issued by companies with an A.M. Best rating of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverageA+:VII or better, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense reasonably satisfactory to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any other remedy available pursuant to this SectionLease or otherwise, if may, but shall not be obligated to, obtain insurance and Tenant shall pay to Landlord on demand the premium costs thereof, plus an administrative fee of 15% of such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insurancecost.

Appears in 1 contract

Samples: Lease Agreement (Cross Country Healthcare Inc)

Tenant’s Insurance. Tenant shall keep in force at its own expense, so long as this Lease remains in effect, (a) Tenant, at its sole cost and expense, shall, at all times, commencing with the date upon which the leased premises shall be made available for Tenant's Work, procure, pay for and keep in full force and effect: (i) a commercial general liability insurancepolicy (ISO form or equivalent), including insurance against assumed or contractual liability under this Lease, Lease with respect to the Premisesleased premises and the operations of Tenant and any subtenants of Tenant in, on or about the leased premises in which the limits with respect to afford protection personal liability and property damage shall be not less than Two Million Dollars ($2,000,000) per occurrence; (ii) all risk property insurance, including theft and, if applicable, boiler and machinery coverage, written at replacement cost value in an adequate amount to avoid coinsurance and a replacement cost endorsement insuring Tenant's merchandise, trade fixtures, furnishings, equipment and all items of personal property of Tenant and including property of Tenant's customers located on or in the leased premises; (iii) workers' compensation coverage as required by law; (iv) with limitsrespect to alterations, per person improvements and the like required or permitted to be made by Tenant hereunder, contingent liability and builder's risk insurance, in amounts satisfactory to Landlord; (v) product liability coverage, including, without limitation (if this Lease covers leased premises in which food and/or beverages are sold and/or consumed), liquor liability coverage (if applicable to Tenant's business) and coverage for each occurrenceliability arising out of the consumption of food and/or alcoholic beverages on or obtained at the leased premises, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide ) per occurrence for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such ; (vi) the insurance to provide for no deductible, required under Exhibit B; and (iivii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it may from time to time be required by city, county, state or federal laws, codes, regulations or authorities, together with such other insurance as is reasonably necessary or appropriate under the circumstances. The minimum limits of coverage as set forth in its sole judgment deems necessary this paragraph may from time to time, at Landlord's option, be increased by not more than five percent (5%) per annum, on a cumulative basis, with such increase to occur not more often than once during each lease year during the term hereof and with no individual annual increase in coverage being greater than ten percent (10%). The deductibles under any of such insurance policies to be issued, and in such event carried by Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insuranceshall not exceed Five Thousand Dollars ($5,000).

Appears in 1 contract

Samples: Silver Diner Inc /De/

Tenant’s Insurance. Tenant shall keep in force at its own expense, so long as this Lease remains in effect, maintain throughout the Term the following insurance policies: (a1) commercial general liability insuranceinsurance in amounts of $3,000,000.00 per occurrence or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy (e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including insurance liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord's agents and their respective Affiliates against assumed all liability for injury to or contractual liability under this Lease, with respect death of a person or persons or damage to property arising from the use and occupancy of the Premises, to afford protection with limits, per person and for each occurrence, (2) insurance covering the full value of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk Tenant's property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) ifimprovements, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, other property (dincluding property of others) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i3) comprehensive contractual liability insurance sufficient to cover Tenant's indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant's commercial general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible(4) worker's compensation insurance, and (ii5) workmen’s compensation business interruption insurance. Tenant's insurance shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issuedcoverage, and in such event circumstance Landlord's policy will be excess over Tenant's policy. Tenant agrees shall furnish to pay promptly upon Landlord certificates of such insurance and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required hereunder, and Tenant shall obtain a written obligation on the part of each insurance company to notify Landlord at least 30 days before cancellation or a material change of any such insurance policies. All such insurance policies shall be in form, and issued by companies, reasonably satisfactory to Landlord’s demand, as additional rent the premiums for such insurance.

Appears in 1 contract

Samples: Lease Agreement (Virtusa Corp)

Tenant’s Insurance. Effective as of the earlier of: (1) the date Tenant enters or occupies the Premises; or (2) the Commencement Date, and continuing throughout the Term, Tenant shall keep in force at its own expense, so long as this Lease remains in effect, maintain the following insurance policies: (aA) commercial general liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars $3,000,000 per occurrence, with an annual aggregate limit of not less than $5,000,000, or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require ($2,000,000and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), combined single limitinsuring Tenant, with respect and adding Landlord, Landlord’s Property Manager, Invesco and Harvest as additional insureds against all liability for injury to bodily injury or death of a person or persons or damage to property arising from the use and death occupancy of the Premises and property damage(without implying any consent by Landlord to the installation thereof) the installation, such insurance to provide for only a reasonable deductibleoperation, (b) all-risk property and casualty insurancemaintenance, including theft, written at replacement cost value and with replacement cost endorsement, covering all repair or removal of Tenant’s Off-Premises Equipment with an additional insured endorsement in form CG 20 26 11 85 (or another equivalent form approved in writing by Landlord); (B) if Tenant utilizes motor vehicles in the operation of its business in the Premises, Automobile Liability covering any owned, non-owned, leased, rented or borrowed vehicles of Tenant with limits no less than $1,000,000 combined single limit for property damage and bodily injury; (C) All Risk Property insurance covering the full value of all Alterations in the Premises, naming Landlord and Landlord’s Mortgagee (as defined in Section 12(a)) as additional loss payees as their interests may appear; (D) All Risk Property insurance covering the full value of all furniture, trade fixtures and personal property (including property of Tenant or others) in the Premises and all improvements and installed or otherwise placed in the Premises Project by or on behalf of a Tenant whether pursuant Party (including Tenant’s Off-Premises Equipment) it being understood that no lack or inadequacy of insurance by Tenant shall in any event make Landlord subject to the terms any claim by virtue of Section 35, Section 10, any theft of or otherwise, loss or damage to any uninsured or inadequately insured property; (E) contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance to provide for only a reasonable deductible, is not already included in Tenant’s commercial general liability insurance policy); (cF) ifworker’s compensation insurance in amounts not less than statutorily required, and to the extent, required by law, workmen’s compensation or similar Employers’ Liability insurance offering statutory coverage and containing statutory limits, with limits of not less than $1,000,000; (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (eG) business interruption insurance in an amount sufficient to that will reimburse Tenant for loss of earnings attributable to all perils insured against under Section 11(a)(C) or attributable to the prevention of access to the Building or the Premises; (H) in the event Tenant performs any Alterations or repairs in, on or to the Premises and for the duration of the construction of Alterations, Builder’s Risk Insurance on an All Risk basis on a period of at least twelve completed value (12non-reporting) months form, or by endorsement including such coverage pursuant to Section 11(a)(C) hereinabove, for full replacement value covering all work incorporated in the Building and all materials and equipment in or about the Premises; and (fI) pollution such other insurance or any changes or endorsements to the insurance required herein, including increased limits of coverage, as Landlord, or any mortgagee or lessor of Landlord, may reasonably require from time to time so long as such types and amounts are consistent with the types and amounts then being required by prudent, institutional property owners of comparable office building projects in the same geographic area as the Project. Tenant’s insurance shall provide primary coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall not require contribution by any insurance maintained by Landlord, when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carryover Tenant’s policy. Tenant shall deposit the policy or policies furnish to Landlord certificates of such insurance, with an additional insured endorsement in form CG 20 26 11 85 (or another equivalent form approved in writing by Landlord), and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required insurance or certificates thereof with Landlord hereunder at least ten (10) days prior to the earlier of the Commencement DateDate or the date Tenant enters or occupies the Premises, which policies and at least fifteen (15) days prior to each renewal of said insurance, and Tenant shall name reasonably attempt to obtain a written obligation on the part of each insurance company to notify Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after least thirty (30) days’ written notice to Landlord days before cancellation or its designeesa material change of any such insurance policies. All such insurance policies of insurance shall be effective as in form, and issued by companies licensed to do business in the State of the date Tenant occupies the Premises California and shall be maintained in force at all times during the Term with a Best’s rating of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverageA:VII or better, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense reasonably satisfactory to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, following ten (10) days written notice to Tenant, in addition to any other remedy available pursuant to this Lease or otherwise, may, but shall not be obligated to, obtain such insurance and Tenant shall pay to Landlord on demand the premium costs thereof, plus an administrative fee of fifteen percent (15%) of such cost. It is expressly understood and agreed that the foregoing minimum limits of insurance coverage shall not limit the liability of Tenant for its covenants made acts or omissions as provided in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insuranceLease.

Appears in 1 contract

Samples: Office Lease Agreement (Guidewire Software, Inc.)

Tenant’s Insurance. Effective as of the earlier of: (1) the date Tenant enters or occupies the Premises; or (2) the Commencement Date, and continuing throughout the Term, Tenant shall keep in force at its own expense, so long as this Lease remains in effect, maintain the following insurance policies: (aA) commercial general liability insuranceinsurance in amounts of $******** per occurrence, which shall apply on a per location basis, or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord’s property management company and Invesco against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment with an additional insured endorsement in form CG 2026 (11/85); (B) if Tenant has any company-owned or leased vehicles, Automobile Liability covering any owned, non-owned, leased, rented or borrowed vehicles of Tenant with limits no less than $******** combined single limit for property damage and bodily injury; (C) All Risk Property insurance against assumed or contractual liability under this Lease, with respect to covering the full value of all Alterations and improvements and betterments in the Premises, to afford protection with limitsnaming Landlord and Landlord’s Mortgagee (as defined in Section 12(a)) as additional loss payees as their interests may appear; (D) All Risk Property insurance covering the full value of all furniture, per person trade fixtures and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property (including property of Tenant or others) in the Premises and all improvements and installed or otherwise placed in the Premises Project by or on behalf of a Tenant whether pursuant Party (including Tenant’s Off-Premises Equipment) it being understood that no lack or inadequacy of insurance by Tenant shall in any event make Landlord subject to the terms any claim by virtue of Section 35, Section 10, any theft of or otherwise, loss or damage to any uninsured or inadequately insured property; (E) contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance to provide for only a reasonable deductible, is not already included in Tenant’s commercial general liability insurance policy); (cF) ifworker’s compensation insurance in amounts not less than statutorily required, and to the extent, required by law, workmen’s compensation or similar Employers’ Liability insurance offering statutory coverage and containing statutory limits, with limits of not less than ***************** (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, $*********); (eG) business interruption insurance in an amount sufficient to that will reimburse Tenant for direct or indirect loss of earnings attributable to all perils insured against under Section 11(a)(2)(C) or attributable to the prevention of access to the Building or Premises; (H) in the Premises event Tenant performs any alterations or repairs in, on, or to the Premises, Builder’s Risk Insurance on an All Risk basis (including collapse) on a completed value (non-reporting) form, or by endorsement including such coverage pursuant to Section 11(a)(2)(C) hereinabove, for a period of at least twelve (12) months full replacement value covering all work incorporated in the Building and all materials and equipment in or about the Premises; and (fI) pollution such other insurance or any changes or endorsements to the insurance required herein, including increased limits of coverage, as Landlord, or any mortgagee or lessor of Landlord, may reasonably require from time to time. Tenant’s insurance shall provide primary coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall not require contribution by any insurance maintained by Landlord, when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carryover Tenant’s policy. Tenant shall deposit the policy or policies furnish to Landlord certificates of such insurance, with an additional insured endorsement in form CG 2026 (11/85), and such other evidence satisfactory to Landlord of the *** Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential Treatment has been requested with respect to the omitted portions. CONFIDENTIAL TREATMENT REQUESTED by Markit Ltd. maintenance of all insurance coverages required insurance or certificates thereof with Landlord hereunder at least ten (10) days prior to the earlier of the Commencement DateDate or the date Tenant enters or occupies the Premises, which policies and at least fifteen (15) days prior to each renewal of said insurance, and Tenant shall name obtain a written obligation on the part of each insurance company to notify Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after least thirty (30) days’ written notice to Landlord days before cancellation or its designeesa material change of any such insurance policies. All such insurance policies of insurance shall be effective as in form, and issued by companies with a Best’s rating of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverageA:VII or better, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense reasonably satisfactory to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any other remedy available pursuant to this Lease or otherwise, may, but shall not be obligated to, obtain such insurance and Tenant shall pay to Landlord on demand the premium costs thereof, plus an administrative fee of ******* percent (**%) of such cost. It is expressly understood and agreed that the foregoing minimum limits of insurance coverage shall not limit the liability of Tenant for its covenants made acts or omissions as provided in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insuranceLease.

Appears in 1 contract

Samples: Office Lease Agreement (Markit Ltd.)

Tenant’s Insurance. Effective as of the earlier of (1) the date Tenant enters or occupies the Premises, or (2) the Commencement Date, and continuing throughout the Term, Tenant shall keep in force at its own expense, so long as this Lease remains in effect, maintain the following insurance policies: (aA) commercial general liability insuranceinsurance in amounts of $3,000,000 per occurrence (which may be satisfied by Tenant’s obtaining primary coverage in an amount not less than $2,000,000 and umbrella coverage in an amount equal to the difference between $3,000,000 and the amount of such primary coverage) or, including following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord’s property management company, and, if requested in writing by Landlord, Landlord’s Mortgagee, against assumed all liability for injury to or contractual liability under this Leasedeath of a person or persons or damage to property arising from the use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, with respect to operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment, (B) insurance covering the full value of all alterations and improvements and betterments in the Premises, to afford protection with limits, per person naming Landlord and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductibleLandlord’s Mortgagee as additional loss payees as their interests may appear, (bC) all-risk property insurance covering the full value of all furniture, trade fixtures and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property (including property of Tenant or others) in the Premises and all improvements and installed or otherwise placed in the Premises Project by or on behalf of a Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductibleParty (including Xxxxxx’s Off-Premises Equipment), (cD) ifcontractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy), (E) worker’s compensation insurance, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (eF) business interruption insurance in an amount sufficient reasonably acceptable to reimburse Landlord. Tenant’s insurance shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. The commercial general liability insurance to be maintained by Tenant for loss may have a deductible of earnings attributable no more than $5,000 per occurrence; the property insurance to prevention be maintained by Tenant may have a deductible of access no more than $10,000 per occurrence; and, all other insurance to be maintained by Tenant shall have no deductible. Tenant shall furnish to Landlord certificates of such insurance and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required hereunder at least ten days prior to the Building earlier of the Commencement Date or the Premises for date Tenant enters or occupies the Premises, on or before the date of each renewal of said insurance, and Tenant shall obtain a period written obligation on the part of each insurance company to notify Landlord at least twelve (12) months and (f) pollution coverage 30 days before cancellation or a material change of any such insurance of not less than One Million Dollars ($1,000,000.00)policies. Such All such insurance policies shall be maintained in form, and issued by companies and in form with a Best’s rating of A:VII or better, reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense satisfactory to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein and such failure continues for five days following Landlord’s receipt of an additional notice from Tenant that includes the following phrase in bold, all caps type: “WARNING: FAILURE TO PROVIDE EVIDENCE OF INSURANCE COVERAGE IN COMPLIANCE WITH THE REQUIREMENTS OF THE LEASE FIVE BUSINESS DAYS FOLLOWING RECEIPT OF THIS NOTICE WILL ALLOW LANDLORD TO PROCURE INSURANCE ON TENANT’S BEHALF AND CHARGE COSTS TO TENANT,” then in such case, Landlord, in addition to any other remedy available pursuant to this SectionLease or otherwise, if may, but shall not be obligated to, obtain such insurance would terminate or if and Tenant shall pay to Landlord has reason to believe on demand the premium costs thereof, plus an administrative fee of 15% of such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insurancecost.

Appears in 1 contract

Samples: Lease Agreement (Akoustis Technologies, Inc.)

Tenant’s Insurance. a. All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and Landlord's lender and qualified to do business in the State. Each policy shall name Landlord, and at Landlord's request any mortgagee of landlord, as an additional insured, as their respective interests may appear. Each policy shall contain (i) a cross-liability endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be primary and non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (iii) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (authenticated by the insurer) or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall be delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days after any demand by Landlord therefor. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable except after twenty (20) days written notice to Landlord and Landlord's lender. Tenant shall keep in force furnish Landlord with renewals or "binders" of any such policy at its own expense, so long as this Lease remains in effect, least ten (a10) commercial general liability days prior to the expiration thereof. Tenant agrees that if Tenant does not take out and maintain such insurance, including Landlord may (but shall not be required to) procure said insurance against assumed or contractual liability under this Leaseon Tenant's behalf and charge the Tenant the premiums together with a twenty-five percent (25%) handling charge, with respect payable upon demand. Tenant shall have the right to provide such Insurance coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Landlord's mortgagee and Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insuranceLease.

Appears in 1 contract

Samples: Hangar Lease (Air Methods Corp)

Tenant’s Insurance. Effective as of the earlier of (1) the date Tenant enters or occupies the Premises, or (2) the Commencement Date, and continuing throughout the Term, Tenant shall keep in force at its own expense, so long as this Lease remains in effect, maintain the following insurance policies: (aA) commercial general liability insuranceinsurance in amounts of $3,000,000 per occurrence or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord’s property management company, Landlord’s asset management company and, if requested in writing by Landlord, Landlord’s Mortgagee, against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment, (B) insurance against assumed or contractual liability under this Lease, with respect to covering the full value of all alterations and improvements and betterments in the Premises, to afford protection with limits, per person naming Landlord and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductibleLandlord’s Mortgagee as additional loss payees as their interests may appear, (bC) all-risk property insurance covering the full value of all furniture, trade fixtures and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property (including property of Tenant or others) in the Premises and all improvements and installed or otherwise placed in the Premises Project by or on behalf of a Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductibleParty (including Tenant’s Off-Premises Equipment), (cD) ifcontractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy), (E) worker’s compensation insurance, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (eF) business interruption insurance in an amount sufficient reasonably acceptable to reimburse Landlord. Tenant’s insurance shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. Tenant for loss shall furnish to Landlord certificates of earnings attributable such insurance and such other evidence satisfactory to prevention Landlord of access the maintenance of all insurance coverages required hereunder at least ten days prior to the Building earlier of the Commencement Date or the Premises for a period of date Tenant enters or occupies the Premises, and at least twelve (12) months 15 days prior to each renewal of said insurance, and (f) pollution coverage Tenant shall obtain a written obligation on the part of each insurance company to notify Landlord at least 30 days before cancellation or a material change of not less than One Million Dollars ($1,000,000.00)any such insurance policies. Such All such insurance policies shall be maintained in form, and issued by companies and in form with an A.M. Best rating of A+:VII or better, reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense satisfactory to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any other remedy available pursuant to this SectionLease or otherwise, if may, but shall not be obligated to, obtain such insurance would terminate or if and Tenant shall pay to Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent on demand the premiums for such insurancepremium costs thereof.

Appears in 1 contract

Samples: Lease Agreement (Riverbed Technology, Inc.)

Tenant’s Insurance. Tenant shall keep in force at its own expense, so long as this Lease remains in effect, (a) commercial general liability The Tenant shall, throughout the entire Term, at its sole cost and expense, take out and keep in full force and effect and in the names of the Tenant and the Landlord as their respective interests may appear, the following insurance, including : (i) insurance against assumed or contractual liability under this Lease, with respect to upon property of every description and kind owned by the Premises, to afford protection with limits, per person and for each occurrence, of not less Tenant (other than Two Million Dollars ($2,000,000leasehold improvements), combined single limitor for which the Tenant is legally liable, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and or installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) ifTenant, and to which is located within the extentBuilding, required by lawincluding, workmen’s compensation or similar insurance offering statutory coverage without limitation, furniture, fittings, installations, alterations, additions, partitions, fixtures and containing statutory limits, (d) shall insure all plate and other interior glass anything in the Premises for and in the name nature of Landlorda leasehold improvement, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars 90% of the full ($1,000,000.00new) replacement cost thereof, with coverage against at least, the perils of fire and standard extended coverage including sprinkler leaks (where applicable), earthquake, flood and collapse and multi-peril on the contents. If there is a dispute as to the amount which comprises full (new) replacement cost, the decision of the Landlord or the Mortgagee shall be conclusive; (ii) public liability and property damage insurance on an occurrence basis including personal injury liability, contractual liability, non-owned and owned automobile liability and owners' and contractors' protective insurance coverage with respect to the Leased Premises and the Tenant's liability insurance; said coverage to include the activities and operations conducted by the Tenant and any other Person on the Leased Premises, and by the Tenant and any other Person performing work on behalf to the Tenant and those for whom the Tenant is in law responsible in any other part of the Building. Such policies shall be maintained in companies written on a comprehensive basis with inclusive limits of not less than one million dollars ($1,000,000.00) for bodily injury to any one or more Persons or property damage, and in form reasonably acceptable to Landlord and shall be written such higher limits as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured Mortgagee reasonably requires from time to time and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice invalidated with respect to the interests of the Landlord and of the Mortgagee by reason of any breach or its designeesviolation of any warranties, representations, declarations or conditions contained in the policies. All such policies must contain a severability of insurance shall be effective as of the date Tenant occupies the Premises interests clause, a cross-liability clause and shall be maintained in force at all times during the Term of this Lease primary and all shall not call into contribution any other times during which Tenant shall occupy the Premises. In addition insurance available to the foregoing Landlord or the Mortgagee; (iii) business interruption and extra expense insurance coveragein such amount as a prudent Tenant would obtain; (iv) plate glass insurance, Tenant shall require any contractor retained by it to perform work if the Leased Premises are located on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction ground floor of the Premises and the termination of this Lease by Landlord pursuant Building. (b) All policies required to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or be written on behalf of the Tenant whether pursuant to the terms of Section 35Sections 9.01 (a) (i), Section 109.01 (a) (ii), or otherwise. If Tenant fails to comply with its covenants made in this Section9.01 (a) (iii), if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, 9.01 (a) (iv) and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insurance.9.01 (a) (v) shall:

Appears in 1 contract

Samples: Lease (Industrial Minerals Inc)

Tenant’s Insurance. It is expressly agreed by the parties that Tenant shall keep assume all risk of damage to its property, equipment and trade fixtures occurring in force at its own expense, so long as this Lease remains in effect, (a) commercial general or about the Demised Premises whatever the cause of such damage or casualty. Landlord assumes no liability insurance, including insurance against assumed or contractual liability under this Lease, responsibility whatever with respect to the conduct and operation of the business to be conducted in the Demised Premises nor for any loss or damage of whatsoever kind or nature or by whomsoever caused, to personal property, documents, records, monies, or goods of Tenant or to anyone in or about the Demised Premises, however caused, and Tenant agrees to afford protection with limitshold Landlord harmless against all such claims. Tenant will, per at its own cost and expense maintain all risk insurance coverage on its trade fixtures, and other personal property located in the Demised Premises in an amount equal to full replacement cost thereof. The Tenant, at Tenant's own cost and expense, shall obtain or provide and keep in full force for the benefit of the Landlord, during the term hereof, general public liability insurance, insuring the Landlord against any and all liability or claims of liability arising out of, occasioned by or resulting from any accident or otherwise in or about the Demised Premises, for injuries to any person and or persons, for each occurrence, limits of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all the Limit of Tenant’s personal property Liability Insurance To Be Maintained by Tenant as set forth in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00)Lease Summary. Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the The policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of a company or companies authorized to do business in the State of New Jersey and shall be delivered to the Landlord, together with evidence of the payment of the premiums therefor, not less than fifteen days prior to the commencement of the term hereof or of the date Tenant occupies when the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premisesenter into possession, whichever occurs sooner. In addition At least thirty (30) days prior to the foregoing insurance coverageexpiration or termination date of any policy, the Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, deliver a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection renewal or replacement policy with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction proof of the Premises and payment of the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insurancepremium therefor.

Appears in 1 contract

Samples: Lease Agreement (KMC Telecom Holdings Inc)

Tenant’s Insurance. Effective as of the earlier of (a) the date Tenant enters or occupies the Premises, or (b) the Commencement Date, and continuing throughout the Term, Tenant shall keep in force at its own expense, so long as this Lease remains in effect, maintain the following insurance policies: (ai) commercial general liability insuranceinsurance (including property damage, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death personal injury coverage and property damagehost liquor liability) in amounts of $1,000,000 per occurrence; $2,000,000 general aggregate; $1,000,000 personal injury and advertising injury liability; and $1,000,000 damage to rented premises, or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to provide insure all liability arising from such activity or matter |including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant (and naming as additional insureds the California Public Employees’ Retirement System, Landlord, Landlord’s property management company, Landlord’s asset management company and, if applicable, Landlord’s Mortgagee [collectively, “Landlord Insured Parties”]), against all liability for only injury to or death of a reasonable deductibleperson or persons or damage to property arising from the use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment, (bii) all-risk property insurance (including, but not limited to, sprinkler leakage, ordinance and casualty insurancelaw, including theftsewer back-up, written at replacement cost flood, earthquake, windstorm and collapse coverage) covering the full value of all alterations and with replacement cost endorsementimprovements and betterments in the Premises, naming Landlord and, if applicable, Landlord’s Mortgagee as additional loss payees as their interests may appear, (iii) all-risk insurance covering the full value of all of Tenant’s furniture, trade fixtures and personal property (including property of Tenant or others) in the Premises and all improvements and installed or otherwise placed in the Premises Project by or on behalf of a Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductibleParty (including Tenant’s Off-Premises Equipment), (civ) ifcontractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy), and to the extent(v) commercial auto liability insurance (if applicable) covering automobiles owned, required hired or used by lawTenant in carrying on its business with limits not less than $1,000,000 combined single limit for each accident, workmen(vi) worker’s compensation insurance as required to comply with Laws or similar employers’ liability insurance offering statutory coverage in amounts of $1,000,000 per employee for bodily injury by accident and containing statutory limits$1,000,000 per employee for bodily injury by disease, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (evii) business interruption insurance in an amount sufficient equal to reimburse or greater than 12 months of Tenant’s actual, sustained probable loss, (viii) automobile liability insurance (if applicable) with a combined single limit of $1,000,000 covering all owned, non-owned and hired automobiles, and (ix) excess general, automobile and employers’ liability insurance, on a following form basis, of $3,000,000 per occurrence. The general liability, automobile liability (if applicable), and excess liability policies shall name the Landlord Insured Parties as additional insureds, and all property insurance policies (except on Tenant’s personal property) shall name Landlord as loss payee. Tenant’s insurance (except workers’ compensation or employers’ liability insurance) shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. Tenant for loss shall furnish to Landlord certificates of earnings attributable such insurance and such other evidence satisfactory to prevention Landlord of access the maintenance of all insurance coverages required hereunder at least ten days prior to the Building earlier of the Commencement Date or the date Tenant enters or occupies the Premises for a period (in any event, within ten days of the effective date of coverage), and at least twelve 15 days prior to each renewal of said insurance, and Tenant shall obtain a written obligation on the part of each insurance company to notify the Landlord Insured Parties at least 30 days before cancellation (12ten days for non-payment of premium) months and (f) pollution coverage or a material change of any such insurance of not less than One Million Dollars ($1,000,000.00)policies. Such All such insurance policies shall be maintained in companies and in form reasonably acceptable satisfactory to Landlord and shall be written as primary issued by companies with an A.M. Best rating of A+:VII or better. However, no review or approval of any insurance certificate or policy coverage and not contributing with, or in excess of, any coverage which by Landlord shall carry. Tenant shall deposit the policy derogate from or policies of such required insurance diminish Landlord’s rights or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractorTenant’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwiseobligations hereunder. If Tenant fails to comply with its covenants made the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any other remedy available pursuant to this SectionLease or otherwise, if may, but shall not be obligated to, obtain such insurance would terminate or if and Tenant shall pay to Landlord has reason to believe on demand the premium costs thereof, plus an administrative fee of 15% of such insurance is about to be terminatedcost. 13 000 XXXXXXXX XXXXXX XXXXXX, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insurance.XX 00000

Appears in 1 contract

Samples: Lease Agreement (RetailMeNot, Inc.)

Tenant’s Insurance. Tenant shall maintain insurance complying with all of the following: Tenant shall procure, pay for and keep in full force at its own expense, so long as this Lease remains in and effect, (a) commercial general liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term Lease Term, the following: Commercial general liability insurance insuring Tenant against liability for personal injury, bodily injury, death and damage to property occurring within the Leased Premises, or resulting from Tenant's use or occupancy of the Leased Premises, the Buildings, the Outside Areas or the Property, or resulting from Tenant's activities in or about the Leased Premises or the Property, with coverage in an amount equal to Tenant's Required Liability Coverage (as set forth in Article 1), which insurance shall contain "blanket contractual liability" and "broad form property damage" endorsements insuring Tenant's performance of Tenant's obligations to indemnify Landlord as contained in this Lease Lease. Fire and all other times during which property damage insurance in "special form" coverage insuring Tenant shall occupy the Premises. In addition against loss from physical damage to the foregoing Removable Tenant Improvements, Tenant's personal property, inventory, trade fixtures and improvements within the Leased Premises with coverage for the full actual replacement cost thereof; [intentionally deleted]; Plate glass insurance, at actual replacement cost; Boiler and machinery insurance, to limits sufficient to restore the Buildings; [intentionally deleted]; Workers' compensation insurance (statutory coverage) with employer's liability in amounts not less than $1,000,000 insurance sufficient to comply with all laws; and With respect to making of any Alterations or the like (other than the Tenant Improvements, which are governed by the Work Letter) undertaken by Tenant, course of construction, commercial general liability, automobile liability and workers' compensation (to be carried by Tenant's contractor), in an amount and with coverage reasonably satisfactory to Landlord. Each policy of liability insurance required to be carried by Tenant pursuant to this paragraph or actually carried by Tenant with respect to the Leased Premises or the Property: (i) shall, except with respect to insurance required by subparagraph (a)(ii) and (vii) above, name Landlord, and such others as are designated by Landlord, as additional insureds; (ii) shall be primary insurance providing that the insurer shall be liable for the full amount of the loss, up to and including the total amount of liability set forth in the declaration of coverage, without the right of contribution from or prior payment by any other insurance coverage of Landlord; (iii) shall be in a form reasonably satisfactory to Landlord; (iv) shall be carried with companies reasonably acceptable to Landlord with Best's ratings of at least A and XI; (v) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least thirty (30) days prior written notice to Landlord, and (vi) shall contain a so-called "severability" or "cross liability" endorsement. Each policy of property insurance maintained by Tenant with respect to the Leased Premises or the Property or any property therein (i) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least thirty (30) days prior written notice to Landlord and (ii) shall contain a waiver and/or a permission to waive by the insurer of any right of subrogation against Landlord, its partners, principals, members, officers, employees, agents and contractors, which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its partners, principals, members, officers, employees, agents and contractors. Prior to the time Tenant or any of its contractors enters the Leased Premises, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense deliver to Landlord, during such times as contractor is working in the Premiseswith respect to each policy of insurance required to be carried by Tenant pursuant to this Article, a non-deductible copy of such policy (iappropriately authenticated by the insurer as having been issued, premium paid) comprehensive general liability or a certificate of the insurer certifying in form satisfactory to Landlord that a policy has been issued, premium paid, providing the coverage required by this Paragraph and containing the provisions specified herein. With respect to each renewal or replacement of any such insurance, the requirements of this Paragraph must be complied with not less than thirty days prior to the expiration or cancellation of the policies being renewed or replaced. Landlord may, at any time and from time to time, inspect and/or copy any and all insurance policypolicies required to be carried by Tenant pursuant to this Article. If Landlord's Lender, includinginsurance broker, but advisor or counsel reasonably determines at any time that the amount of coverage set forth in Paragraph 9.1(a) for any policy of insurance Tenant is required to carry pursuant to this Article is not limited toadequate, contractor’s liability coveragethen Tenant shall increase the amount of coverage for such insurance to such greater amount as Landlord's Lender, contractual liability coverageinsurance broker, completed operations coverageadvisor or counsel reasonably deems adequate, broad form provided such insurance is customarily maintained or required for projects similar to the Leased Premises. Landlord's Insurance. With respect to insurance maintained by Landlord: Landlord shall maintain, as the minimum coverage required of it by this Lease, fire and property damage endorsement insurance in so-called special form coverage insuring Landlord (and contractor’s protective liability coveragesuch others as Landlord may designate) against loss from physical damage to the Building Shells, to afford protection and the Landlord's Improvements with limits per person and for each occurrence, coverage of not less than Two Hundred Thousand Dollars one hundred percent ($200,000.00), combined single limit, with respect to personal injury 100%) of the full actual replacement cost thereof and death against loss of rents for a period of not less than twelve (12) months. Such fire and property damagedamage insurance, at Landlord's election but without any requirements on Landlord's behalf to do so, (i) may be written in so-called "all risk" form, excluding only those perils commonly excluded from such insurance to provide for no deductible, coverage by Landlord's then property damage insurer; and (ii) workmen’s compensation may be endorsed to cover loss or damage caused by any additional perils against which Landlord may elect to insure, including earthquake and/or flood. Landlord shall not be required to cause such insurance to cover any of the Removable Tenant Improvements or similar Tenant's personal property, inventory, and trade fixtures, or any modifications, alterations or improvements made or constructed by Tenant to or within the Leased Premises. Landlord shall use commercially reasonable efforts to obtain such insurance in form and amounts as required by lawat competitive rates. In the event Landlord elects to carry earthquake insurance or is required to carry earthquake insurance by any Lender, Landlord shall notify Tenant of the rates and the deductibles obtained by Landlord for such insurance. Within ten (10) days thereafter, Tenant shall have the right to propose lower cost insurance, which Landlord may elect to take in its reasonable discretion; provided, however, that in no event shall Landlord be required to take any earthquake insurance that does not comply with the requirements (including any maximum deductible) of any Lender. Landlord shall maintain commercial general liability insurance insuring Landlord (and such others as are designated by Landlord) against liability for personal injury, bodily injury, death, and damage to property occurring in, on or destruction about, or resulting from the use or occupancy of the Premises Property, or any portion thereof, with combined single limit coverage of at least Five Million Dollars ($5,000,000). Landlord may carry such greater coverage as Landlord or Landlord's Lender, insurance broker, advisor or counsel may from time to time determine is reasonably necessary for the adequate protection of Landlord and the termination of this Lease by Property. Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all may maintain any other insurance which in the opinion of its insurance proceeds relating to improvements made broker, advisor or legal counsel is prudent in carry under the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35given circumstances, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe provided such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, commonly carried by owners of property similarly situated and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insuranceoperating under similar circumstances.

Appears in 1 contract

Samples: Lease (Cell Genesys Inc)

Tenant’s Insurance. Effective as of the earlier of (1) the date Tenant enters or occupies the Premises, or (2) the Commencement Date, and continuing throughout the Term, Tenant shall keep in force at its own expense, so long as this Lease remains in effect, maintain the following insurance policies: (aA) commercial general liability insuranceinsurance in amounts of $5,000,000 per occurrence or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including insurance liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord's property management company, Landlord's asset management company and, if requested in writing by Landlord, Landlord's Mortgagee, against assumed all liability for injury to or contractual liability under this Lease, with respect death of a person or persons or damage to property arising from the use and occupancy of the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductibleB) intentionally omitted, (bC) all-risk property insurance covering the full value of all furniture, trade fixtures and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property (including property of Tenant or others) in the Premises and all improvements and installed or otherwise placed in the Premises Project by or on behalf of a Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductibleParty, (cD) ifcontractual liability insurance sufficient to cover Tenant's indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant's commercial general liability insurance policy), and to (E) worker's compensation insurance at the extent, minimum required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limitsLaw, (dF) shall insure all plate and other interior glass in the Premises for employer’s liability insurance with minimum coverage of $1,000,000 per accident and in the name of Landlordaggregate, (eG) business auto liability with a minimum coverage of $1,000,000 per accident and in the aggregate, and (H) business interruption insurance in an amount sufficient reasonably acceptable to reimburse Landlord. The commercial general liability insurance to be maintained by Tenant for loss may have a deductible of earnings attributable no more than $10,000 per occurrence; the property insurance to prevention be maintained by Tenant may have a deductible of access no more than $50,000 per occurrence; and, all other insurance to be maintained by Tenant shall have no deductible. Tenant's insurance shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord's policy will be excess over Tenant's policy. Tenant shall furnish to Landlord certificates of such insurance and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required hereunder at least ten days prior to the Building earlier of the Commencement Date or the Premises for a period of date Tenant enters or occupies the Premises, and at least twelve (12) months 15 days prior to each renewal of said insurance, and (f) pollution coverage Tenant shall obtain a written obligation on the part of each insurance company to notify Landlord at least 30 days before cancellation or a material change of not less than One Million Dollars ($1,000,000.00)any such insurance policies. Such All such insurance policies shall be maintained in form, and issued by companies and in form with a Best's rating of A+:VII or better, reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense satisfactory to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any other remedy available pursuant to this SectionLease or otherwise, if may, but shall not be obligated to, obtain such insurance would terminate or if and Tenant shall pay to Landlord has reason to believe on demand the premium costs thereof, plus an administrative fee of 10% of such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insurancecost.

Appears in 1 contract

Samples: Lease Agreement (Alco Stores Inc)

Tenant’s Insurance. Effective as of the earlier of: (1) the date Tenant enters or occupies any portion of the Premises; or (2) the Initial Premises Commencement Date, and continuing throughout the Term, Tenant shall keep in force at its own expense, so long as this Lease remains in effect, maintain the following insurance policies: (aA) commercial general liability insuranceinsurance in amounts of $3,000,000 per occurrence or, following the expiration of the Initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord’s property management company and Invesco against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment with an additional insured endorsement in form CG 20 26 11 85 or equivalent; (B)Automobile Liability covering any owned, non-owned, leased, rented or borrowed vehicles of Tenant with limits no less than $3,000,000 combined single limit for property damage and bodily injury; (C) All Risk Property insurance against assumed or contractual liability under this Lease, with respect to covering the full value of all Alterations and improvements and betterments in the Premises, to afford protection with limitsnaming Landlord and Landlord’s Mortgagee (as defined in Section 12(a)) as additional loss payees as their interests may appear; (D) All Risk Property insurance covering the full value of all furniture, per person trade fixtures and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property (including property of Tenant or others) in the Premises and all improvements and installed or otherwise placed in the Premises Project by or on behalf of a Tenant whether pursuant Party (including Tenant’s Off-Premises Equipment) it being understood that no lack or inadequacy of OFFICE LEASE AGREEMENT CentrePort/Radiant Systems, Inc. 16 insurance by Tenant shall in any event make Landlord subject to the terms any claim by virtue of Section 35, Section 10, any theft of or otherwise, loss or damage to any uninsured or inadequately insured property; (E) contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance to provide for only a reasonable deductible, is not already included in Tenant’s commercial general liability insurance policy); (cF) ifworker’s compensation insurance in amounts not less than statutorily required, and to the extent, required by law, workmen’s compensation or similar Employers’ Liability insurance offering statutory coverage and containing statutory limits, with limits of not less than Three Million Dollars (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, $3,000,000); (eG) business interruption insurance in an amount sufficient to that will reimburse Tenant for direct or indirect loss of earnings attributable to all perils insured against under Section 11(a)(2)(C) or attributable to the prevention of access to the Building or Premises; (H) in the Premises event Tenant performs any alterations or repairs in, on, or to the Premises, to the extent not covered by the All Risk Property insurance required under Section 11(a)(2)(D) hereinabove, Builder’s Risk Insurance on an All Risk basis (including collapse) on a completed value (non-reporting) form, or by endorsement including such coverage pursuant to Section 11(a)(2)(C) hereinabove, for a period of at least twelve (12) months full replacement value covering all work incorporated in the Building and all materials and equipment in or about the Premises; and (fI) pollution such other insurance or any changes or endorsements to the insurance required herein, including increased limits of coverage, as Landlord, or any mortgagee or lessor of Landlord, may reasonably require from time to time, but only in the event and to the extent such coverages are commonly required by like landlords of similar properties and coverage is commercially available in the insurance of not less than One Million Dollars ($1,000,000.00)industry. Such policies Tenant’s insurance shall be maintained in companies and in form reasonably acceptable provide primary coverage to Landlord and shall not require contribution by any insurance maintained by Landlord, when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carryover Tenant’s policy. Tenant shall deposit the policy or policies furnish to Landlord certificates of such insurance, with an additional insured endorsement in form CG 20 26 11 85 or equivalent, and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required insurance or certificates thereof with Landlord hereunder at least ten (10) days prior to the earlier of the Initial Premises Commencement DateDate or the date Tenant enters or occupies any portion of the Premises, which policies and at least fifteen (15) days prior to each renewal of said insurance, and Tenant shall name obtain a written obligation on the part of each insurance company to notify Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after least thirty (30) days’ written notice to Landlord or its designeesdays before cancellation of any such insurance policies. All such insurance policies of insurance shall be effective as in form, and issued by companies with a Best’s rating of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverageA:VII or better, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense reasonably satisfactory to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, and such failure continues for a period of two (2) Business Days following the date of written notice thereof from Landlord to Tenant, Landlord, in addition to any other remedy available pursuant to this Lease or otherwise, may, but shall not be obligated to, obtain such insurance and Tenant shall pay to Landlord on demand the premium costs thereof, plus an administrative fee of ten percent (10%) of such cost. It is expressly understood and agreed that the foregoing minimum limits of insurance coverage shall not limit the liability of Tenant for its covenants made acts or omissions as provided in this Section, if such Lease. All of Tenant’s insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord policies may at its option cause such insurance as it in its sole judgment deems necessary to be issued, contain commercially reasonable deductibles and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insuranceself-insured retentions.

Appears in 1 contract

Samples: Office Lease Agreement (Radiant Systems Inc)

Tenant’s Insurance. Tenant shall keep in force at its own expense, so long as this Lease remains in effect, (a) commercial general public liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily personal injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s 's personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s 's compensation or similar insurance offering statutory coverage and containing statutory limits, limits (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, Landlord and (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00)months. Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days' written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s 's liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s 's protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s 's compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant Xxxxxx agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s Xxxxxxxx's demand, as additional rent the premiums for such insurance.. 13.2

Appears in 1 contract

Samples: Agreement of Lease

Tenant’s Insurance. At its sole cost and expense, Tenant shall keep maintain in full force at its own expense, so long as this Lease remains and effect during the Term the following insurance coverages insuring against claims which may arise from or in effect, connection with Tenant's operation and use of the Premises: (a) Commercial general liability insurance with minimum limits of $1,000,000.00 per occurrence and $3,000,000.00 general aggregate for bodily injury, personal injury and property damage; (b) Workers' compensation insurance with statutory limits and employer's liability with a $1,000,000.00 per accident limit for bodily injury or disease; (c) Automobile liability insurance covering all owned, non-owned and hired vehicles of Tenant with a $1,000,000.00 per accident limit for bodily injury and property damage; (c) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no co-insurance penalty provision; and (e) Business interruption insurance with a limit of liability representing loss of at least approximately 6 months of income. Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy and annually thereafter. If, in the opinion of Landlord's insurance adviser, the amount or scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's adviser deems adequate. All insurance required under Section 8.1 of this Lease shall: (i) be primary and non-contributory; (ii) provide for severability of interests; (iii) be issued by insurers licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide; (iv) be endorsed to include Landlord, the property manager employed by Landlord in connection with the Property, and such other persons or entities as Landlord may from time to time designate, as additional insureds (commercial general liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person only); and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance v) be endorsed to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution 30 days' prior notification of cancellation or material change in coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as said additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insuranceinsureds.

Appears in 1 contract

Samples: Lease Agreement (Carrollton Bancorp)

Tenant’s Insurance. Effective as of the earlier of: (1) the date Tenant enters or occupies the Premises; or (2) the Commencement Date, and continuing throughout the Term, Tenant shall keep in force at its own expense, so long as this Lease remains in effect, maintain: (aA) commercial general liability insurance, including insurance against assumed or contractual liability under this Leasein amounts of $1,000,000 per occurrence, with respect a $2,000,000 aggregate amount of coverage, insuring Tenant, Landlord, Landlord’s property management company and Invesco against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises and (without implying any consent by Landlord to the Premisesinstallation thereof) the installation, to afford protection with limitsoperation, per person and for each occurrencemaintenance, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all repair or removal of Tenant’s personal property Off-Premises Equipment with an additional insured endorsement in form CG 20206 1185; (B) if Tenant’s operations involve the use of company owned automobiles by employees, Automobile Liability covering any owned, leased, rented or borrowed vehicles of Tenant with limits of no less than $1,000,000 of coverage; (C) All Risk Property insurance covering the full value of all Alterations and improvements and betterments in the Premises made by Tenant, naming Landlord and Landlord’s Mortgagee (as defined in Section 12(a)) as additional loss payees as their interests may appear; (D) All Risk Property insurance covering the full value of all improvements furniture, trade fixtures and installed personal property (including property of Tenant or others) in the Premises or otherwise placed in the Project by or on behalf of a Tenant whether pursuant Party (including Tenant’s Off-Premises Equipment) it being understood that no lack or inadequacy of insurance by Tenant shall in any event make Landlord subject to the terms any claim by virtue of Section 35, Section 10, any theft of or otherwise, loss or damage to any uninsured or inadequately insured property; (E) contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance to provide for only a reasonable deductible, is not already included in Tenant’s commercial general liability insurance policy); (cF) ifworker’s compensation insurance in amounts not less than statutorily required, and to the extent, required by law, workmen’s compensation or similar Employers’ Liability insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance with limits of not less than One Million Dollars ($1,000,000.001,000,000); and (G) such other insurance or any changes or endorsements to the insurance required herein, including increased limits of coverage, as Landlord, or any mortgagee or lessor of Landlord, may reasonably require (but not more than once every two years) from time to time. Such policies Tenant’s insurance shall be maintained in companies and in form reasonably acceptable provide primary coverage to Landlord and shall not require contribution by any insurance maintained by Landlord, when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carryover Tenant’s policy. Tenant shall deposit the policy or policies furnish to Landlord certificates of such insurance, with an additional insured endorsement in form CG 20206 1185, and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required insurance or certificates thereof with Landlord hereunder at least ten (10) days prior to the earlier of the Commencement DateDate or the date Tenant enters or occupies the Premises, which policies and at least fifteen (15) days prior to each renewal of said insurance, and Tenant shall name obtain a written obligation on the part of each insurance company to notify Landlord at least ten (10) days before cancellation or its designee and, at the request a material change of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that any such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designeesinsurance policies. All such insurance policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductibleform, and (ii) workmenissued by domestic companies with a Best’s compensation insurance rating of A:VII or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwisebetter. If Tenant fails to comply with the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any other remedy available pursuant to this Lease or otherwise, may, but shall not be obligated to, obtain such insurance and Tenant shall pay to Landlord on demand the premium costs thereof. It is expressly understood and agreed that the foregoing minimum limits of insurance coverage shall not limit the liability of Tenant for its covenants made acts or omissions as provided in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insuranceLease.

Appears in 1 contract

Samples: Office Lease Agreement (Diversa Corp)

Tenant’s Insurance. Effective as of the earlier of (i) the date Tenant enters or occupies the Premises, or (ii) the Commencement Date, and continuing throughout the Term, Tenant shall keep in force at its own expense, so long as this Lease remains in effect, maintain the following insurance policies: (aA) commercial general liability insuranceinsurance in amounts of $3,000,000 per occurrence (including umbrella or excess coverage), or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require but not higher than amounts required by landlords of comparable buildings in Chantilly (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord’s property management company and Landlord’s asset management company against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment; (B) insurance against assumed or contractual liability under this Lease, with respect to covering the full value of all alterations and improvements and betterments in the Premises, to afford protection with limitsnaming Landlord and Landlord’s Mortgagee as additional loss payees as their interests may appear; (C) insurance covering the full value of all furniture, per person trade fixtures and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property (including property of Tenant or others) in the Premises and all improvements and installed or otherwise placed in the Premises Project by or on behalf of a Tenant whether pursuant Party (including Tenant’s Off-Premises Equipment); (D) contractual liability insurance sufficient to the terms of Section 35, Section 10, or otherwise, cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance to provide for only a reasonable deductible, is not already included in Tenant’s commercial general liability insurance policy); (cE) if, and to the extent, required by law, workmenworker’s compensation or similar insurance offering statutory coverage insurance; and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (eF) business interruption insurance. Tenant’s insurance shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage, and in an amount sufficient such circumstance Landlord’s policy will be excess over Tenant’s policy. Tenant shall furnish to reimburse Landlord certificates of such insurance evidencing the maintenance of all insurance coverages required hereunder at least five (5) days prior to the earlier of the Commencement Date or the date Tenant for loss enters or occupies the Premises, as soon as received following the renewal of earnings attributable said insurance, and Tenant shall obtain a written obligation on the part of each insurance company to prevention notify Landlord at least thirty (30) days before cancellation or any material change of access any such insurance policies that increases the deductible, decreases coverage or adds exclusions from coverage with regard to the Building or Tenant’s operations in the Premises for Building. Without limitation, a period of at least twelve (12) months and (f) pollution coverage change in an insurance of policy shall not less than One Million Dollars ($1,000,000.00)be deemed material if such change does not affect either the Building, Tenant’s property within the Building or the risks to Landlord associated with Tenant’s operations within the Building. Such All such insurance policies shall be maintained in form, and issued by companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, with a Best Insurance Guide rating of A-IX or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense are otherwise satisfactory to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any other remedy available pursuant to this SectionLease or otherwise, if may, but shall not be obligated to, obtain such insurance would terminate or if and Tenant shall pay to Landlord has reason to believe on demand the premium costs thereof, plus all costs reasonably incurred by Landlord in procuring such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insurancecoverage.

Appears in 1 contract

Samples: Lease Agreement (Online Resources Corp)

Tenant’s Insurance. Effective as of the earlier of (1) the date Tenant enters or occupies the Premises, or (2) the Commencement Date, and continuing throughout the Term, Tenant shall keep in force at its own expense, so long as this Lease remains in effect, maintain the following insurance policies: (aA) commercial general liability insuranceinsurance in amounts of $5,000,000.00 per occurrence or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or distribution of marijuana], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter including medical marijuana enterprise liability, if applicable in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord’s property management company, Landlord’s asset management company and, if requested in writing by Landlord, Landlord’s Mortgagee, against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment, (B) insurance against assumed or contractual liability under this Lease, with respect to covering the full value of all alterations and improvements and betterments in the Premises, to afford protection with limits, per person naming Landlord and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductibleLandlord’s Mortgagee as additional loss payees as their interests may appear, (bC) all-risk property insurance covering the full value of all furniture, trade fixtures and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property (including property of Tenant or others) in the Premises and all improvements and installed or otherwise placed in the Premises Project by or on behalf of a Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductibleParty (including Tenant’s Off-Premises Equipment), (cD) if, and to the extent, required by law, workmen’s compensation or similar contractual liability insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve cover Tenant’s indemnity obligations hereunder (12) months and (f) pollution coverage but only if such contractual liability insurance of is not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained already included in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive Tenant’s commercial general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (iiE) workmenworker’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 hereininsurance, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insurance.and

Appears in 1 contract

Samples: Lease Agreement

Tenant’s Insurance. Tenant A. Tenant, at its sole cost and expense, during the entire Term hereof, shall, commencing with the date upon which possession of the Premises shall be made available to Tenant, procure, pay for and keep in full force at its own expense, so long as this Lease remains in and effect, : (ai) a commercial general liability insuranceinsurance policy (ISO form or equivalent), including insurance against assumed or contractual liability under this Lease, Lease with respect to the PremisesPremises and the operations of Tenant and any subtenants of Tenant in, on or about the Premises in which the limits with respect to afford protection with limits, per person personal liability and for each occurrence, of property damage shall not be less than Two Three Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only 3,000,000) per occurrence on a reasonable deductible, location basis; (bii) all-all risk property insurance including theft and, if applicable, boiler and casualty insurance, including theftmachinery coverage, written at replacement cost value in an adequate amount to avoid coinsurance and with a full replacement cost endorsementendorsement insuring the Tenant's trade fixtures, covering all equipment, merchandise and furnishings and any other items of personal property of Tenant and including the property of Tenant’s personal property 's customers located on or in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, Premises; (ciii) if, and to the extent, workers' compensation coverage as required by law; (iv) with respect to alterations, workmen’s compensation additions or similar insurance offering statutory coverage improvements and containing statutory limitsthe like required or permitted to be made by Tenant hereunder, (d) shall insure all plate contingent liability and other interior glass builder's risk insurance, in the Premises for and in the name of amounts reasonably satisfactory to Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months ; and (fv) pollution coverage such other insurance of not less than One Million Dollars ($1,000,000.00)as from time to time may be required by city, county, state or Federal laws, codes, regulations or authorities. Such The deductibles or self-insurance portion under any such insurance policies shall to be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. carried by Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred exceed Fifty Thousand Dollars ($200,000.00), combined single limit, 50,000) or such higher commercially reasonable amount consistent with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by lawTenant's financial condition. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of if Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if does not take out and maintain such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminatedinsurance, Landlord may at its option cause such (but shall not be required to) procure said insurance on Tenant's behalf and charge the Tenant the premiums, payable upon demand as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insuranceAdditional Rent.

Appears in 1 contract

Samples: Lease Agreement (Allegiant Travel CO)

Tenant’s Insurance. Effective as of the earlier of: (1) the date Tenant enters or occupies the Premises; or (2) the Commencement Date, and continuing throughout the Term, Tenant shall keep in force at its own expense, so long as this Lease remains in effect, maintain the following insurance policies: (aA) commercial general liability insuranceinsurance in amounts of $5,000,000 per occurrence, or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord's property management company and Invesco against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant's Off-Premises Equipment with an additional insured endorsement; (B) Automobile Liability covering any owned, non-owned, leased, rented or borrowed vehicles of Tenant with limits no less than $5,000,000 combined single limit for property damage and bodily injury; (C) Property insurance against assumed or contractual liability under this Lease, with respect to covering the full value of all Alterations and improvements and betterments in the Premises, to afford protection with limitsnaming Landlord and Landlord's Mortgagee (as defined in Section 12(a)) as additional loss payees as their interests may appear; (D) Property insurance covering the full value of all furniture, per person trade fixtures and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property (including property of Tenant or others) in the Premises and all improvements and installed or otherwise placed in the Premises Project by or on behalf of a Tenant whether pursuant Party (including Tenant's Off-Premises Equipment) it being understood that no lack or inadequacy of insurance by Tenant shall in any event make Landlord subject to the terms any claim by virtue of Section 35, Section 10, any theft of or otherwise, loss or damage to any uninsured or inadequately insured property; (E) contractual liability insurance sufficient to cover Tenant's indemnity obligations hereunder (but only if such contractual liability insurance to provide for only a reasonable deductible, is not already included in Tenant's commercial general liability insurance policy); (cF) ifworker's compensation insurance in amounts not less than statutorily required, and to the extent, required by law, workmen’s compensation or similar Employers' Liability insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance with limits of not less than One Five Million Dollars ($1,000,000.005,000,000); (G) intentionally omitted; (H) in the event Tenant performs any alterations or repairs in, on, or to the Premises, Builder's Risk Insurance on an All Risk basis (including collapse) on a completed value (non- reporting) form, or by endorsement including such coverage pursuant to Section 11(a)(2)(C) hereinabove, for full replacement value covering all work incorporated in the Building and all materials and equipment in or about the Premises; and (I) such other insurance or any changes or endorsements to the insurance required herein, including increased limits of coverage, as Landlord, or any mortgagee or lessor of Landlord, may reasonably require from time to time. Such policies Tenant's insurance shall be maintained in companies and in form reasonably acceptable provide primary coverage to Landlord and shall not require contribution by any insurance maintained by Landlord, when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord's policy will be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carryover Tenant's policy. Tenant shall deposit the policy or policies furnish to Landlord certificates of such insurance, with an additional insured endorsement, and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required insurance or certificates thereof with Landlord hereunder at least ten (10) days prior to the earlier of the Commencement DateDate or the date Tenant enters or occupies the Premises, which policies and at least fifteen (15) days prior to each renewal of said insurance, and Tenant shall name obtain a written obligation on the part of each insurance company to notify Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after least thirty (30) days’ written notice to Landlord days before cancellation or its designeesa material change of any such insurance policies. All such insurance policies of insurance shall be effective as in form, and issued by companies with a Best's rating of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverageA:VII or better, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense reasonably satisfactory to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any other remedy available pursuant to this Lease or otherwise, may, but shall not be obligated to, obtain such insurance and Tenant shall pay to Landlord on demand the premium costs thereof, plus an administrative fee of fifteen percent (15%) of such cost. It is expressly understood and agreed that the foregoing minimum limits of insurance coverage shall not limit the liability of Tenant for its covenants made acts or omissions as provided in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insuranceLease.

Appears in 1 contract

Samples: Office Lease Agreement (Zix Corp)

Tenant’s Insurance. Tenant shall keep maintain the following coverages in force at its own expensethe following amounts. Commercial General Liability Insurance covering the insured against claims of bodily injury, so long as this Lease remains in effectpersonal injury and property damage arising out of Tenant’s operations, (a) commercial general liability insurance, including insurance against assumed liabilities or contractual liability under this Lease, with respect to use of the Premises, to afford protection with limits, per person including fire/water legal liability and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, Commercial General Liability endorsement covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term insuring provisions of this Lease and the performance by Tenant of the indemnity agreements set forth in Section 10.1 of this Lease, for limits of liability not less than: Bodily Injury and $3,000,000 each occurrence Property Damage Liability $3,000,000 annual aggregate Personal Injury Liability $3,000,000 each occurrence $3,000,000 annual aggregate 0% Insured’s participation Physical Damage Insurance covering (i) all office furniture, trade fixtures, office equipment, merchandise and all other times during items of Tenant’s property on the Premises installed by, for, or at the expense of Tenant, (ii) the “Tenant Improvements,” as that term is defined in the Tenant Work Letter, and any other improvements which Tenant shall occupy exist in the Premises as of the Lease Commencement Date (excluding the Base Building), and (iii) all other improvements, alterations and additions to the Premises. In addition Such insurance shall be written on an “all risks” of physical loss or damage basis, for the full replacement cost value (subject to reasonable deductible amounts) new without deduction for depreciation of the foregoing covered items and in amounts that meet any co-insurance coverage, Tenant clauses of the policies of insurance and shall require any contractor retained include coverage for damage or other loss caused by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, fire or other peril including, but not limited to, contractorvandalism and malicious mischief, theft, water damage of any type, including sprinkler leakage, bursting or stoppage of pipes, and explosion, and providing business interruption coverage for a period of one year. Worker’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement Compensation and contractorEmployer’s protective liability coverage, Liability or other similar insurance pursuant to afford protection with limits per person all applicable state and local statutes and regulations. Business Interruption Insurance in the amount necessary to insure payment of Tenant’s obligations to pay Rent hereunder for each occurrence, a period of not less than Two Hundred Thousand Dollars twelve ($200,000.00)12) months; provided, combined single limithowever, with respect to personal injury and death and property damageTenant, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary discretion, shall be permitted to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums self-insure for such insuranceBusiness Interruption coverage.

Appears in 1 contract

Samples: Office Lease (Tekelec)

Tenant’s Insurance. Effective as of the earlier of (a) the date Tenant enters or occupies the Premises, or (b) the Commencement Date, and continuing throughout the Term, Tenant shall keep in force at its own expense, so long as this Lease remains in effect, maintain the following insurance policies: (a1) commercial general liability insuranceinsurance (including property damage, including insurance against assumed or contractual liability under this Leasebodily injury and personal injury and non-owned and hired vehicle coverage) in amounts of $1,000,000 per occurrence in primary coverage, with respect an additional $5,000,000 in umbrella coverage or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant (and naming as additional insureds Landlord, Landlord’s property management company, Landlord’s asset management company and, if requested in writing by Landlord, Xxxxxxxx’s Mortgagee), against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment, (2) cause of loss-special risk form (formerly “all-risk”) insurance (including, but not limited to, sprinkler leakage, ordinance and law, sewer back-up, pipe burst, wind- driven rain, water leakage, flood, earthquake, windstorm and collapse coverage) covering the full value of all alterations and improvements and betterments in the Premises, to afford protection with limits, per person naming Landlord and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductibleLandlord’s Mortgagee as additional loss payees as their interests may appear, (b3) cause of loss-special risk form (formerly “all-risk property risk”) insurance covering the full value of all furniture, trade fixtures, equipment and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property (including property of Tenant or others) in the Premises and all improvements and installed or otherwise placed in the Premises Project by or on behalf of a Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductibleParty (including Tenant’s Off-Premises Equipment), (c4) ifcontractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy), (5) commercial auto liability insurance (if applicable) covering automobiles owned, hired or used by Tenant in carrying on its business with limits not less than $1,000,000 combined single limit for each accident, insuring Tenant (and naming as additional insureds Landlord, Xxxxxxxx’s property management company, Xxxxxxxx’s asset management company and, if requested in writing by Landlord, Xxxxxxxx’s Mortgagee), (6) worker’s compensation insurance as required by applicable state law and employer’s liability insurance with limits not less than $1,000,000 per accident, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e7) business interruption insurance in an amount sufficient reasonably acceptable to reimburse Landlord. Tenant’s insurance shall be primary and non-contributory when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. Tenant for loss shall furnish to Landlord certificates of earnings attributable such insurance and such other evidence satisfactory to prevention Landlord of access the maintenance of all insurance coverages required hereunder at least ten days prior to the Building earlier of the Commencement Date or the date Tenant enters or occupies the Premises for a period (in any event, within ten days of the effective date of coverage), and at least twelve (12) months 15 days prior to each renewal of said insurance, and (f) pollution coverage Tenant shall obtain a written obligation on the part of each insurance company to notify Landlord at least 30 days before cancellation or a material change of not less than One Million Dollars ($1,000,000.00)any such insurance policies. Such All such insurance policies shall be maintained in companies and in form reasonably acceptable satisfactory to Landlord and shall be written as primary issued by companies with an A.M. Best rating of A+:VIII or better. However, no review or approval of any insurance certificate or policy coverage and not contributing with, or in excess of, any coverage which by Landlord shall carry. Tenant shall deposit the policy derogate from or policies of such required insurance diminish Landlord’s rights or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractorTenant’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwiseobligations hereunder. If Tenant fails to comply with its covenants made the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any other remedy available pursuant to this SectionLease or otherwise, if may, but shall not be obligated to, obtain such insurance would terminate or if and Tenant shall pay to Landlord has reason to believe on demand the premium costs thereof, plus an administrative fee of 15% of such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insurancecost.

Appears in 1 contract

Samples: Lease Agreement (Signing Day Sports, Inc.)

Tenant’s Insurance. Tenant shall keep in force shall, at its own sole expense, so long as this Lease remains in effect, (a) commercial general liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing maintain in effect a policy or policies of insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) covering its personal property located in the Premises and tenant improvements to the Premises paid for and installed by Tenant and Landlord other than as set forth in (a) above, providing protection against any peril included under insurance practices within the classification "all risk" and to the full insurable value of such personal property and tenant improvements and (ii) comprehensive general public liability insurance policywith respect to the Premises and the conduct or operation of Tenant's business therein, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand One Million and No/100 Dollars ($200,000.00), combined 1,000,000.00) for death or bodily injury to any one or more persons in a single limit, with respect to personal injury occurrence and death One Million and No/100 Dollars ($1,000,000.00) for property damage. Tenant hereby waives any and all rights of recovery against Landlord for any insured loss or liability occurring to Tenant's personal property and tenant improvements and the aforesaid policy or policies shall contain appropriate provisions recognizing this release by Tenant and waiving all rights of subrogation by the insurance carrier. Except for Landlord's or Landlord's agents', employees', invitees', licensees' or contractors' negligence or willful misconduct, Tenant hereby indemnifies and holds Landlord harmless from all claims, demands, actions, damages, loss, liabilities, judgments, costs and expenses, including, without limitation, attorneys' fees and costs which are suffered by, recovered from or asserted against Landlord and arise from or in connection with the use or occupancy of the Premises and/or any accident, injury or damage occurring in the Premises. Tenant shall maintain a policy or policies of insurance with the premiums paid in advance issued by and binding upon a solvent insurance company, authorized to transact business in Florida, insuring all personal property of Tenant upon or within the Premises in an amount equal to the full replacement cost of such property. Tenant shall deliver certificates of such insurance to provide for no deductibleLandlord on or before the Commencement Date, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage thereafter from time to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly time upon Landlord’s demand, as additional rent the premiums for such insurancerequest.

Appears in 1 contract

Samples: Lease Agreement (Omega Research Inc)

Tenant’s Insurance. Tenant shall keep in force Tenant, at its own expense, so long as this Lease remains in effect, (a) commercial general liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times maintain during the Term of this Lease a policy or policies of worker's compensation and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policyinsurance, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to including personal injury and death and property damage, with contractual liability endorsement, in the amount of Two Million Dollars ($2,000,000.00) for property damage and Two Million Dollars ($2,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Leased Premises. Tenant, at its own expense, also shall maintain during the Term of this Lease fire and extended coverage insurance covering the replacement cost of all alterations, additions, partitions and improvements installed or placed on the Leased Premises by Tenant or by Landlord on behalf of Tenant, and all of Tenant's personal property contained within the Leased Premises. Said policies shall (i) name Landlord as an additional insured and insure Landlord's contingent liability under this Lease (except for the worker's compensation policy, which instead shall include a waiver of subrogation endorsement in favor of Landlord), (ii) be issued by an insurance company which is licensed to do business in the State of Texas and which has a Best's rating of A/VII or better, and (iii) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition, such insurance provided by Tenant shall provide that it shall provide primary coverage when any policy issued to Landlord is similar or duplicate in coverage, and Landlord's policy shall be excess over Tenant's policies. All insurance policies carried by Tenant hereunder shall expressly provide for no deductible(by endorsement or otherwise) that Landlord's rights thereunder shall be assignable to Landlord's mortgagee who shall be shown as an additional insured thereon. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the Term of the Lease and upon each renewal of said insurance. Notwithstanding the foregoing, Tenant may elect to self-insure the risk of damage to its personal property situated at the Leased Premises (but not the leasehold improvements in the Leased Premises or liability insurance) so long as (i) Tenant gives Landlord at least thirty (30) days' prior written notice thereof, and (ii) workmen’s compensation Tenant's net worth (determined in accordance with generally accepted accounting principles consistently applied) is $50,000,000 or greater during the period in which Tenant so elects to self-insure. Self-insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about foregoing sentence shall be deemed to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent for the premiums for such insurancepurpose of the mutual waiver of subrogation contained herein.

Appears in 1 contract

Samples: Building Lease Agreement (Ameritrade Holding Corp)

Tenant’s Insurance. Effective as of the earlier of (a) the date Tenant enters or occupies the Premises, or (b) the Commencement Date, and continuing throughout the Term, Tenant shall keep in force at its own expense, so long as this Lease remains in effect, maintain the following insurance policies: (a1) commercial general liability insuranceinsurance in amounts of $3,000,000 per occurrence and in the aggregate or, including following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy, Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord’s property management company and Landlord’s asset management company against assumed all liability for injury to or contractual liability under this Lease, with respect death of a person or persons or damage to property arising from the use and occupancy of the Premises, to afford protection with limits(2) property insurance covering the full value of all alterations and improvements and betterments in the Premises, per person naming Landlord and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductibleLandlord’s Mortgagee as additional loss payees as their interests may appear, (b3) all-risk property insurance covering the full value of all furniture, trade fixtures and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property (including property of Tenant or others) in the Premises and all improvements and installed or otherwise placed in the Premises by or on behalf of a Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductibleParty, (c4) if, and to the extent, required by law, workmen’s compensation or similar contractual liability insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve cover Tenant’s indemnity obligations hereunder (12) months and (f) pollution coverage but only if such contractual liability insurance of is not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained already included in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive Tenant’s commercial general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii5) workmenworker’s compensation insurance. Tenant’s insurance shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. Tenant shall furnish to Landlord certificates of such insurance and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required hereunder prior to the earlier of the Commencement Date or the date Tenant enters or occupies the Premises, and prior to each renewal of said insurance, and Tenant shall obtain a written obligation on the part of each insurance company to notify Landlord at least 30 days before cancellation (other than for non-payment of premium for which 10 days notice will be given) or a material change of any such insurance policies. All such insurance policies shall be in form and amounts as required reasonably satisfactory to Landlord, shall be issued by law. In companies licensed to do business in the event of damage to or destruction of state in which the Premises is located and having an A.M. Best rating of at least A-:VII (or the termination equivalent of this Lease such rating) or otherwise approved in writing by Landlord pursuant Landlord, and may include commercially reasonable deductibles not to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwiseexceed $100,000. If Tenant fails to comply with its covenants made the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein and such failure continues for five (5) business days following written notice thereof, Landlord, in addition to any other remedy available pursuant to this SectionLease or otherwise, if may, but shall not be obligated to, obtain such insurance would terminate or if and Tenant shall pay to Landlord has reason to believe on demand the premium costs thereof, plus an administrative fee of 15% of such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insurancecost.

Appears in 1 contract

Samples: Lease Agreement (Solyndra, Inc.)

Tenant’s Insurance. Tenant shall keep in force shall, at its own expensecost, so long as at all times during the term of this Lease remains and any extensions hereof, procure and maintain special covered causes of loss insurance on Tenant's Property and the contents of the Premises in effect, (a) an amount equal to full replacement cost thereof Tenant shall also maintain workers' compensation and employers' liability insurance in the minimum statutory amount Tenant shall also maintain commercial general liability insuranceinsurance on an occurrence basis, including insurance against coverage for bodily injury, property damage, personal injury products and completed operations, liability assumed or contractual under an insured contract host liquor legal liability under this Lease, and cross liability with respect to the Premises, to afford protection with limits, per person and following limits of liability: One Million Dollars ($1,000,000.00) combined single limit for each occurrence, occurrence of not less than bodily injury and property damage and personal injury; Two Million Dollars ($2,000,000), combined single limit, with respect to 2,000,000.00) aggregate for bodily injury and death property damage for products and completed operations. Tenant shall further, at its own cost, at all times during the term of this Lease and any extensions hereof, procure and maintain insurance for automobile liability including coverage for bodily injury and property damage for owned and hired autos with the following limits of liability: One Million Dollars ($1,000,000.00) combined single limit for each occurrence of bodily injury and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of . Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) also maintain business interruption insurance in an amount sufficient to reimburse Tenant for direct and indirect loss of earnings attributable to prevention of access to the Building or Premises as a result of such perils, and such other forms and amounts of insurance as Landlord or its mortgagee may reasonably require from time to time. All such insurance shall be procured from a responsible insurance company or companies authorized to do business in the State where the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance are located, with general policyholder's ratings of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained "A-" and a financial rating of not less than "VI" in companies and in form reasonably acceptable to Landlord the most current available Best's Insurance Reports, and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carryotherwise reasonably satisfactory to Landlord. Tenant shall deposit the policy or All such policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies except Workers Compensation shall name Landlord or its designee and, at the request of and Landlord, its mortgagees, 's property management agent as additional insured insureds, and shall also contain a provision stating provide that such policy or policies shall the same may not be canceled except after upon thirty (30) days’ days prior written notice to Landlord or its designeesLandlord. All such policies of insurance maintained by Tenant shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which primary to any insurance provided by Landlord. Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (iprovide certificate(s) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage Landlord prior to or destruction occupancy of the Premises and commence- ment of the termination Lease term and at least thirty (30) days prior to the annual renewal date thereof and upon request from time to time and such certificate(s) shall disclose that such insurance names Landlord and Landlord's designated property management agent as an additional insured, in addition to the other requirements set forth herein. The limits of this Lease by Landlord pursuant to Section 18 hereinsuch insurance shall not, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in under any circumstances, limit the Premises by or on behalf liability of Tenant whether pursuant hereunder. Should Tenant fail to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if procure such insurance would terminate or if within the time period hereinbefore specified, Landlord has reason may, at its option, but Landlord shall have no obligation to believe do so, procure such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event pay the premiums therefor and Tenant agrees to pay promptly upon Landlord’s demandreimburse Landlord for the cost thereof plus interest thereon at the rate of eighteen percent (18%) per annum (but in no event in excess of the maximum rate permitted under law), as Additional Rent on the first day of the calendar month following the rendition of the xxxx or bills therefor and Landlord shall have the same rights and remedies in enforcing the payment of such additional rent as in the premiums for such insurancecase of Tenant's failure to pay the rent herein reserved.

Appears in 1 contract

Samples: Commercial Lease Agreement (Hathaway Corp)

Tenant’s Insurance. Effective as of the earlier of (1) the date Tenant enters or occupies the Premises, or (2) the Commencement Date, and continuing throughout the Term, Tenant shall keep in force at its own expense, so long as this Lease remains in effect, maintain the following insurance policies: (aA) commercial general liability insuranceinsurance (which when combined with any umbrella policy maintained by Tenant) provides for coverage in amounts of $3,000,000 per occurrence or, following the expiration of the initial Term, such other amounts as Landlord from time to time reasonably requires (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord’s property management company, Landlord’s asset management company and, if requested in writing by Landlord, Landlord’s Mortgagee against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment, (B) insurance against assumed or contractual liability under this Lease, with respect to covering the full value of all alterations and improvements and betterments in the Premises, to afford protection with limits, per person naming Landlord and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductibleLandlord’s Mortgagee as additional loss payees as their interests may appear, (bC) all-risk property insurance covering the full value of all furniture, trade fixtures and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property (including property of Tenant or others) in the Premises and all improvements and installed or otherwise placed in the Premises Project by or on behalf of a Tenant whether pursuant Party (including Tenant’s Off-Premises Equipment), (D) contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy), (E) worker’s compensation insurance, to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) ifextent required by applicable Law, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (eF) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable cover one year’s Basic Rent and Additional Rent under this Lease. The commercial general liability insurance to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable by Tenant may have a deductible of no more than $5,000 per occurrence; the property insurance to be maintained by Tenant may have a deductible of no more than $10,000 per occurrence; and, all other insurance to be maintained by Tenant shall have no deductible. Tenant’s insurance shall provide primary coverage to Landlord and shall when any policy issued to Landlord provides duplicate or similar coverage. Landlord’s policy will be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carryover Tenant’s policy. Tenant shall deposit the policy or policies furnish to Landlord certificates of such required insurance or certificates thereof with Landlord at least ten (10) days prior to the earlier of the Commencement DateDate or the date Tenant enters or occupies the Premises, which policies and at least fifteen (15) days prior to each renewal of said insurance, and Tenant shall name notify Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after least thirty (30) days’ written notice to Landlord or its designeesdays before cancellation of any such insurance policies. All such insurance policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form reasonably satisfactory to Landlord and amounts as required issued by law. In the event companies with a Best’s rating of damage to A+:VII or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwisebetter. If Tenant fails to comply with its covenants made the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, and such failure continues for more than two (2) business days after written notice from Landlord, Landlord, in addition to any other remedy available pursuant to this SectionLease or otherwise, if may, but shall not be obligated to, obtain such insurance would terminate or if and Tenant shall pay to Landlord has reason to believe within thirty (30) days after written notice from Landlord, the premium costs thereof, plus an administrative fee of 15% of such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insurancecost.

Appears in 1 contract

Samples: Lease Agreement (Shattuck Labs, Inc.)

Tenant’s Insurance. Effective as of the earlier of v) the date Tenant enters or occupies the Premises, or vi) the Commencement Date, and continuing throughout the Term, Tenant shall keep in force at its own expense, so long as this Lease remains in effect, maintain the following insurance policies: (a1) commercial general liability insuranceinsurance in amounts of $3,000,000 per occurrence or, including following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy, Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, and, if requested in writing by Landlord, Landlord’s Mortgagee, against assumed all liability for injury to or contractual liability under this Leasedeath of a person or persons or damage to property arising from the use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, with respect to operation, maintenance, repair or removal of Tenant’s equipment, (2) insurance covering the full value of all alterations and improvements and betterments in the Premises, to afford protection with limits, per person naming Landlord and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductibleLandlord’s Mortgagee as additional loss payees as their interests may appear, (b3) all-risk property insurance covering the full value of all furniture, trade fixtures and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property (including property of Tenant or others) in the Premises and all improvements and installed or otherwise placed in the Premises Project by or on behalf of a Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductibleParty (including Tenant’s equipment), (c4) ifcontractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy), (5) worker’s compensation insurance, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e6) business interruption insurance in an amount sufficient reasonably acceptable to reimburse Landlord. Tenant’s insurance shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. Tenant for loss shall furnish to Landlord certificates of earnings attributable such insurance and such other evidence satisfactory to prevention Landlord of access the maintenance of all insurance coverages required hereunder at least ten days prior to the Building earlier of the Commencement Date or the Premises for a period of date Tenant enters or occupies the Premises, and at least twelve (12) months 15 days prior to each renewal of said insurance, and (f) pollution coverage Tenant shall obtain a written obligation on the part of each insurance company to notify Landlord at least 30 days before cancellation or a material change of not less than One Million Dollars ($1,000,000.00)any such insurance policies. Such All such insurance policies shall be maintained in form, and issued by companies and in form with an A.M. Best rating of A+:VII or better, reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense satisfactory to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any other remedy available pursuant to this SectionLease or otherwise, if may, but shall not be obligated to, obtain such insurance would terminate or if and Tenant shall pay to Landlord has reason to believe on demand the premium costs thereof, plus an administrative fee of 15% of such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insurancecost.

Appears in 1 contract

Samples: Lease Agreement (Oncovista Innovative Therapies, Inc)

Tenant’s Insurance. Tenant shall keep in force at its own expense, so long as this Lease remains in effect, (a) commercial general public liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrenceoccur­rence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily personal injury and death and property prop­erty damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory sta­tutory limits, (d) shall insure insurance of all plate and other interior glass in the Premises for and in the name of Landlord, and (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00)months. Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ day’s written notice to Landlord or its designees. All such policies of insurance in­surance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. Any insurance required of Tenant hereunder may be furnished by Tenant under a blanket policy carried by it, provided that such blanket policy shall contain an endorsement that names Landlord as an additional insured, specifically references the Premises, and guarantees a minimum limit available for the Premises equal to or greater than the insurance amounts required under this Article. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insurance.

Appears in 1 contract

Samples: Agreement of Lease (Titan Corp)

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Tenant’s Insurance. Tenant shall, at Tenant’s expense, obtain and keep in full force during the Term the types of insurance meeting the requirements set forth on attached Exhibit “G”. Concurrently with its execution and delivery of this Lease and thereafter within five (5) business days following written demand therefor from Landlord, Tenant shall keep in force at its own expense, so long as this Lease remains in effect, (a) commercial general liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, deliver certificates of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance or copies of the policies with all endorsements required hereunder together with evidence of payment of the current premiums therefor to Landlord. In the event Tenant fails to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all certificates evidencing renewal of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, each such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of policy at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ days before expiration of the policy (as required pursuant to attached Exhibit “G”) or within five (5) business days after written request by Landlord, Landlord shall have the right, but not the obligation, to order such insurance and charge the cost thereof plus a ten (10%) administrative fee to Tenant, which amount shall be payable by Tenant to Landlord upon demand. Failure of Landlord to demand such certificate or other evidence of full compliance with the insurance requirements contained in this Lease or failure of Landlord to identify a deficiency from evidence that is provided to Landlord shall not be construed as a waiver of Tenant’s obligation to maintain such insurance. By requiring insurance herein, Landlord does not represent that coverage and limits will necessarily be adequate to protect Tenant, and such coverage and limits shall not be deemed as a limitation on Tenant’s liability under the indemnities granted to Landlord in this Lease. Tenant’s failure to procure the required insurance shall not excuse Tenant from any obligations hereunder and shall subject Tenant to contractual damages. Without limiting the obligations of Tenant set forth in this Section 15.1, Tenant agrees (A) to provide Landlord with written notice to Landlord or its designees. All such policies of insurance shall be effective as any cancellation of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on within ten (10) days following receipt of the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability cancellation notice from Tenant’s insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductiblecarrier, and (iiB) workmenif at any time available from Tenant’s compensation liability insurance or similar carrier, Tenant shall, at Tenant’s cost, obtain an endorsement to such policy requiring notification by the carrier to Landlord of cancellation of insurance which shall be given at least ten (10) days in form and amounts as required by law. In the event of damage to or destruction advance of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insurancecancellation.

Appears in 1 contract

Samples: Construction Agreement (iRhythm Technologies, Inc.)

Tenant’s Insurance. Effective as of the earlier of (1) the date Tenant enters or occupies the Premises, or (2) the Commencement Date, and continuing throughout the Term, Tenant shall keep in force at its own expense, so long as this Lease remains in effect, maintain the following insurance policies: (aA) commercial general liability insuranceinsurance in amounts of $3,000,000 per occurrence or, including following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require so long as such other amounts are not materially in excess of amounts that owners of Comparable Buildings are then generally requiring tenants (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter in commercially reasonable amounts), insuring Tenant, Landlord, Landlord's property management company, and, if requested in writing by Landlord, Landlord's Mortgagee, against assumed liability for injury to or contractual liability under this Leasedeath of a person or persons or damage to property arising from the use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, with respect to operation, maintenance, repair or removal of Tenant's Off-Premises Equipment, (B) insurance covering the full value of all alterations and improvements and betterments in the Premises, to afford protection with limits, per person naming Landlord and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductibleLandlord's Mortgagee as additional loss payees as their interests may appear, (bC) all-risk property insurance covering the full value of all furniture, trade fixtures and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property (including property of Tenant or others) in the Premises and all improvements and installed or otherwise placed in the Premises Project by or on behalf of a Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductibleParty (including Tenant's Off-Premises Equipment), (cD) ifcontractual liability insurance sufficient to cover Tenant's indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant's commercial general liability insurance policy), and to (E) worker's compensation insurance in the extentamount, if any, required by applicable state law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (eF) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of cover not less than One Million Dollars (12 months of interruption. Tenant's insurance shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord's policy will be excess over Tenant's policy. The commercial general liability insurance to be maintained by Tenant may have a deductible of no more than $1,000,000.00)5,000 per occurrence; the property insurance to be maintained by Tenant may have a deductible of no more than $10,000 per occurrence; and, all other insurance to be maintained by Tenant shall have no deductible. Such Tenant shall furnish to Landlord certificates of such insurance and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required hereunder at least ten days prior to the earlier of the Commencement Date or the date Tenant enters or occupies the Premises, and at least 15 days prior to each renewal of said insurance, and Tenant shall obtain a written obligation on the part of each insurance company to notify Landlord at least 30 days before cancellation or a material change of any such insurance policies. All such insurance policies shall be maintained in form, and issued by companies and in form with a Best's rating of A:VII or better, reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense satisfactory to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein within three days of receipt of written notice thereof, Landlord, in addition to any other remedy available pursuant to this SectionLease or otherwise, if may, but shall not be obligated to, obtain such insurance would terminate or if and Tenant shall pay to Landlord has reason to believe on demand the premium costs thereof, plus an administrative fee of 10% of such cost. Any insurance is about required to be terminatedmaintained by Tenant may be taken out under a blanket insurance policy or policies covering other premises, Landlord may at its option cause property or insureds in addition to the Premises and Tenant, provided the commercial general liability and umbrella coverages are on a per-location aggregate basis (or contain a per-location aggregate endorsement) and such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insuranceblanket policy or policies otherwise comply with this Section 11(a).

Appears in 1 contract

Samples: Lease Agreement (Blucora, Inc.)

Tenant’s Insurance. a. All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and Landlord's lender and qualified to do business in the State. Each policy shall name Landlord, and at Landlord's request any mortgagee of Landlord, as an additional insured, as their respective interests may appear. Each policy shall contain (i) a cross-liability endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be primary and non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (iii) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (authenticated by the insurer) or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall be delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days after any demand by Landlord therefor. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancellable except after twenty (20) days written notice to Landlord and Landlord's lender. Tenant shall keep furnish Landlord with renewals or "binders' of any such policy at least ten (10) days prior to the expiration thereof. Tenant agrees that if Tenant does not take out and maintain such insurance, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge the Tenant the premiums together with a twenty-five percent (25%) handling charge, payable upon demand. Tenant shall have the right to provide such insurance coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the Premises, Landlord, Landlord's mortgagee and Tenant as required by this Lease. b. Beginning on the date Tenant is given access to the Premises for any purpose, and continuing until expiration of the Term, Tenant shall procure, pay for and maintain in force at its own expenseeffect policies of casualty insurance covering (i) all Leasehold Improvements (including any alterations, additions or improvements as may be made by Tenant pursuant to the provisions of Article 12 hereof), and (ii) trade fixtures, merchandise and other personal property from time to time in, on or about the Premises, in an amount not less than one hundred percent (100%) of their actual replacement cost from time to time, providing protection against any peril included within the classification "Fire and Extended Coverage' together with insurance against sprinkler damage, vandalism and malicious mischief. The proceeds of such insurance shall be used for the repair or replacement of the property so long as insured. Upon termination of this Lease remains following a casualty as set forth herein, the proceeds under (i) shall be paid to Landlord, and the proceeds under (ii) above shall be paid to Tenant. c. Beginning on the date Tenant is given access to the Premises for any purpose and continuing until expiration of the Term, Tenant shall procure, pay for and maintain in effect, (a) commercial general effect workers' compensation insurance as required by law and comprehensive public liability insurance, including and property damage insurance against assumed or contractual liability under this Lease, with respect to the construction of improvements on the Premises, to afford protection with limitsthe use, per person and for each occurrence, operation or condition of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf operations of Tenant whether pursuant to in, on or about the terms of Section 35Premises, Section 10, or otherwise, such insurance to provide providing personal injury and broad form property damage coverage for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00)) combined single limit for bodily injury, death, and property damage liability. Such policies shall be maintained in companies and in form reasonably acceptable to d. Not less than every three (3) years during the Term, Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the mutually agree to increases in all of Tenant's insurance policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at limits for all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance be carried by Tenant as set forth in form and amounts as required by lawthis Article. In the event Landlord and Tenant cannot mutually agree upon the amounts of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 hereinsaid increases, then Tenant agrees that it all insurance policy limits as set forth in this Article shall pay Landlord all of its insurance proceeds relating to improvements made be adjusted for increases in the Premises by or on behalf cost of Tenant whether pursuant to living in the terms same manner as is set forth in Section 5.2 hereof for the adjustment of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insuranceBase Rent.

Appears in 1 contract

Samples: Office Building Lease (Proflight Medical Response Inc)

Tenant’s Insurance. Effective as of the earlier of (a) the date Tenant enters or occupies the Premises, or (b) the Commencement Date, and continuing throughout the Term, Tenant shall keep in force at its own expense, so long as this Lease remains in effect, maintain the following insurance policies: (a1) commercial general liability insuranceinsurance in amounts of $1,000,000 per occurrence, including $2,000,000 in the aggregate and $5,000,000 umbrella coverage, or such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy, Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord’s property management company and Landlord’s asset management company against assumed all liability for injury to or contractual liability under this Lease, with respect death of a person or persons or damage to property arising from the use and occupancy of the Premises, to afford protection with limits(2) insurance covering the full value of all alterations and improvements and betterments in the Premises, per person naming Landlord and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductibleLandlord’s Mortgagee as additional loss payees as their interests may appear, (b3) all-risk property insurance covering the full value of all furniture, trade fixtures and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property (including property of Tenant or others) in the Premises and all improvements and installed or otherwise placed in the Premises by or on behalf of a Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductibleParty, (c4) ifcontractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy), (5) worker’s compensation insurance, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e6) business interruption insurance. Tenant’s insurance in an amount sufficient shall provide primary coverage to reimburse Tenant for loss of earnings attributable Landlord when any policy issued to prevention of access to the Building Landlord provides duplicate or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies similar coverage, and in form reasonably acceptable to Landlord and shall such circumstance Landlord’s policy will be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carryover Tenant’s policy. Tenant shall deposit the policy or policies furnish to Landlord certificates of such insurance and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required insurance or certificates thereof with Landlord hereunder at least ten (10) days prior to the earlier of the Commencement DateDate or the date Tenant enters or occupies the Premises, which policies and at least fifteen (15) days prior to each renewal of said insurance, and Tenant shall name obtain a written obligation on the part of each insurance company to notify Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after least thirty (30) days’ written notice to Landlord days before cancellation or its designeesa material change of any such insurance policies. All such insurance policies of insurance shall be effective as of in form reasonably satisfactory to Landlord and issued by companies licensed to do business in the date Tenant occupies state in which the Premises is located and shall be maintained having an A.M. Best rating of at least A:X (or the equivalent of such rating) or otherwise approved in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained writing by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any other remedy available pursuant to this SectionLease or otherwise, if may, but shall not be obligated to, obtain such insurance would terminate or if and Tenant shall pay to Landlord has reason to believe on demand the premium costs thereof, plus an administrative fee of 15% of such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insurancecost.

Appears in 1 contract

Samples: Lease Agreement (Intermolecular Inc)

Tenant’s Insurance. Effective as of the earlier of: (1) the date Tenant enters or occupies the Premises; or (2) the Commencement Date, and continuing throughout the Term, Tenant shall keep in force at its own expense, so long as this Lease remains in effect, maintain the following insurance policies: (aA) commercial general liability insuranceinsurance in amounts of $3,000,000 per occurrence, which shall apply on a per location basis, or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord’s property management company and Invesco against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment with an additional insured endorsement in form CG 20 26 11 85; (B) Automobile Liability covering any owned, non-owned, leased, rented or borrowed vehicles of Tenant with limits no less than $3,000,000 combined single limit for property damage and bodily injury; (C) All Risk Property insurance against assumed or contractual liability under this Lease, with respect to covering the full value of all Alterations and improvements and betterments in the Premises, to afford protection with limitsnaming Landlord and Landlord’s Mortgagee (as defined in Section 12(a)) as additional loss payees as their interests may appear; (D) All Risk Property insurance covering the full value of all furniture, per person trade fixtures and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property (including property of Tenant or others) in the Premises and all improvements and installed or otherwise placed in the Premises Project by or on behalf of a Tenant whether pursuant Party (including Tenant’s Off-Premises Equipment) it being understood that no lack or inadequacy of insurance by Tenant shall in any event make Landlord subject to the terms any claim by virtue of Section 35, Section 10, any theft of or otherwise, loss or damage to any uninsured or inadequately insured property; (E) contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance to provide for only a reasonable deductible, is not already included in Tenant’s commercial general liability insurance policy); (cF) ifworker’s compensation insurance in amounts not less than statutorily required, and to the extent, required by law, workmen’s compensation or similar Employers’ Liability insurance offering statutory coverage and containing statutory limits, with limits of not less than Five Million Dollars (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, $3,000,000); (eG) business interruption insurance in an amount sufficient to that will reimburse Tenant for direct or indirect loss of earnings attributable to all perils insured against under Section 1l(a)(2)(C) or attributable to the prevention of access to the Building or Premises; (H) in the Premises event Tenant performs any alterations or repairs in, on, or to the Premises, Builder’s Risk Insurance on an All Risk basis (including collapse) on a completed value (non-reporting) form, or by endorsement including such coverage pursuant to Section 1l(a)(2)(C) hereinabove, for a period of at least twelve (12) months full replacement value covering all work incorporated in the Building and all materials and equipment in or about the Premises; and (fI) pollution such other insurance or any changes or endorsements to the insurance required herein, including increased limits of coverage, as Landlord, or any mortgagee or lessor of Landlord, may reasonably require from time to time. Tenant’s insurance shall provide primary coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall not require contribution by any insurance maintained by Landlord, when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carryover Tenant’s policy. Tenant shall deposit the policy or policies furnish to Landlord certificates of such insurance, with an additional insured endorsement in form CG 20 26 11 85, and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required insurance or certificates thereof with Landlord hereunder at least ten (10) days prior to the earlier of the Commencement DateDate or the date Tenant enters or occupies the Premises, which policies and at least fifteen (15) days prior to each renewal of said insurance, and Tenant shall name obtain a written obligation on the part of each insurance company to notify Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after least thirty (30) days’ written notice to Landlord days before cancellation or its designeesa material change of any such insurance policies. All such insurance policies of insurance shall be effective as in form, and issued by companies with a Best’s rating of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverageA:VII or better, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense reasonably satisfactory to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any other remedy available pursuant to this Lease or otherwise, may, but shall not be obligated to, obtain such insurance and Tenant shall pay to Landlord on demand the premium costs thereof, plus an administrative fee of fifteen percent (15%) of such cost. It is expressly understood and agreed that the foregoing minimum limits of insurance coverage shall not limit the liability of Tenant for its covenants made acts or omissions as provided in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insuranceLease.

Appears in 1 contract

Samples: Office Lease Agreement (Interpace Biosciences, Inc.)

Tenant’s Insurance. Tenant shall keep in force will take out and maintain, at its own cost and expense, so long as this Lease remains in effect, (a) commercial general liability insuranceinsurance coverage in a minimum amount of $3,000,000.00 combined single limit, including insurance against assumed or which commercial general liability policy shall include (i) coverage for bodily injury and death, property damage and products liability coverage; (ii) contractual liability coverage insuring the obligations of Tenant under the terms of this Lease, ; and (iii) fire legal liability coverage with respect to the Demised Premises and the building of which they are a part in the amount of at least $3,000,000.00. Such policy shall name Landlord (and any of its affiliates, subsidiaries, successors and assigns designated by Landlord) and Tenant as additional insureds. All such insurance required to be maintained by Tenant shall be with an insurance company satisfactory to Landlord, and Tenant shall provide Landlord with copies or certificates of all policies required herein, including an endorsement providing that such insurance shall not be canceled or not renewed except after fifteen (15) days notice in writing to Landlord. Should Tenant fail to furnish such policies as hereinabove provided, Landlord may obtain such insurance and the premiums for such insurance shall be deemed additional rent paid by Tenant to Landlord on demand. To the extent that Tenant fails to take out or to maintain the aforesaid insurance policy, such failure shall be a defense to any claim asserted by Tenant against Landlord by reason of any loss sustained by Tenant due to fire or other casualty, notwithstanding that such loss might have been caused by the negligence of Landlord. Tenant shall be responsible for the safety and personal well-being of Tenant’s employees, both within the Demised Premises and in the Common Area. Tenant agrees that Landlord shall not be responsible or liable to Tenant or those claiming under Tenant (including, without limitation, Tenant’s agents, servants, employees, customers and invitees) for injury, death or damage or loss occasioned by the acts or omissions of persons occupying any other part of the Shopping Center or occasioned by the property of any other occupant of any part of the Shopping Center or the acts or omissions of any other person or persons present at the Shopping Center who are not occupants of any part thereof, whether or not such persons are present with the knowledge or consent of Landlord; and Tenant agrees to indemnify and hold Landlord. If Tenant is engaged in any way in the sale of alcoholic beverages, either for consumption of alcoholic beverages on or off the Demised Premises, to afford protection Tenant will also maintain liquor liability insurance with limits, per person and for each occurrence, the limits of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury 2,000,000.00 each common cause and death and property damage$3,000,000.00 aggregate. If written on a separate policy from the commercial general liability policy, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or (and any of its designee andaffiliates, at the request of subsidiaries, successors and assigns designated by Landlord, its mortgagees, ) as an additional insured and insured. Such policy shall also contain a provision stating that such policy cross liability endorsement or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insuranceseverability provision.

Appears in 1 contract

Samples: Shopping Center Lease Agreement

Tenant’s Insurance. Tenant shall, at its sole cost and expense, obtain and maintain throughout the term of this Lease Agreement, on a full replacement cost basis, "all risk" insurance covering all of Tenant's inventory, furniture, furnishings, fixtures, equipment and all tenant improvements or tenant finish (whether or not installed by Landlord) and betterments located on or within the Leased Premises. In addition, Tenant shall keep in force obtain and maintain, at its own sole cost and expense, so long as this Lease remains in effectcomprehensive general public liability insurance providing coverage from and against any loss or damage occasioned by an accident or casualty on, (a) commercial general liability insuranceabout or adjacent to the Leased Premises, including insurance protection against assumed or contractual death, personal injury and property damage. Such liability under this Leasecoverage shall be written on an "occurrence" basis, with respect to the Premises, to afford protection with limits, per person and for each occurrence, limits of not less than Two Million Dollars ($2,000,000), 1,000,000.00 combined single limit, with respect limit coverage. All policies of insurance required to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises be carried by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and hereunder shall be written as primary policy coverage by an insurance company licensed to do business in the State of Colorado, and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgageesas an additional named insured and/or loss payee, as additional insured and shall also contain a provision stating that Landlord may direct. Each such policy or policies shall provide that same shall not be canceled except after changed or modified without at least thirty (30) days' prior written notice to Landlord or its designeesand any mortgagee of Landlord. All such policies Certificates evidencing the extent and effectiveness of all Tenants insurance shall be effective as delivered to Landlord. The limits of such insurance shall not, under any circumstances, limit the date liability of Tenant occupies the Premises and shall be maintained in force at all times during the Term of under this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by lawAgreement. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in maintain any of the insurance required of it pursuant to this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminatedprovision, Landlord may shall have the right (but not the obligation) at its option cause Landlord's election, to pay Tenant's premiums or to arrange substitute insurance with an insurance company of Landlord's choosing, in which event any premiums advanced by Landlord shall constitute additional rent payable under this Lease Agreement and shall be payable by Tenant to Landlord immediately upon demand for same. Landlord shall also have the right, but no the obligation, whether or not Tenant maintains coverage to carry any such insurance as it Landlord may elect in its sole judgment deems necessary order to provide coverage in the event Tenant fails to properly maintain such insurance. The rights of Landlord hereunder shall be issuedin addition to, and not in lieu of any other rights or remedies available to Landlord under this Lease Agreement or provided by law or in equity. Without limiting the foregoing, in the event that coverage of any risk for which Tenant is responsible pursuant to this Section 12 is ultimately provided by coverage maintained by Landlord, whether due to Tenant's failure to provided or maintain such event insurance or otherwise, Tenant agrees shall promptly reimburse Landlord for an amount equal to pay promptly any deductible incurred, immediately upon Landlord’s demand, as additional rent the premiums demand for such insurancesame.

Appears in 1 contract

Samples: Lease Agreement (Transgenomic Inc)

Tenant’s Insurance. Effective as of the earlier of (1) the date Tenant enters or occupies the Premises, or (2) the Commencement Date, and continuing throughout the Term, Tenant shall keep in force at its own expense, so long as this Lease remains in effect, maintain the following insurance policies: (aA) commercial general liability insuranceinsurance in amounts of $3,000,000 per occurrence or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require and as is customarily required by landlords of comparable buildings (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord’s property management company, Landlord’s asset management company and, if requested in writing by Landlord, Landlord’s Mortgagee, against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment, (B) insurance against assumed or contractual liability under this Lease, with respect to covering the full value of all alterations and improvements and betterments in the Premises, to afford protection with limits, per person naming Landlord and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductibleLandlord’s Mortgagee as additional loss payees as their interests may appear, (bC) all-risk property insurance covering the full value of all furniture, trade fixtures and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property (including property of Tenant or others) in the Premises and all improvements and installed or otherwise placed in the Premises Project by or on behalf of a Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductibleParty (including Tenant’s Off-Premises Equipment), (cD) if, and to the extent, required by law, workmen’s compensation or similar contractual liability insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve cover Tenant’s indemnity obligations hereunder (12) months and (f) pollution coverage but only if such contractual liability insurance of is not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained already included in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive Tenant’s commercial general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible(E) worker’s compensation insurance, and (iiF) workmenbusiness interruption insurance. The limit of liability specified in subpart (A) above can be satisfied through a combination of primary, umbrella or excess liability policies, provided that the coverage under such umbrella or excess liability policies is at least as broad as the primary coverage and applies on a “following form” basis. Tenant’s compensation insurance shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. Tenant shall furnish to Landlord certificates of such insurance in form and amounts as such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required by law. In hereunder prior to the event of damage to or destruction date Landlord tenders possession of the Premises to Tenant, and the termination upon each renewal of this Lease said insurance, and Tenant shall endeavor to notify Landlord at least 30 days before cancellation or a material change of any such insurance policies. All such insurance policies shall be issued by Landlord pursuant companies with an A.M. Best rating of A+:VII or better, and shall be in form reasonably satisfactory to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwiseLandlord. If Tenant fails to comply with its covenants made the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any other remedy available pursuant to this SectionLease or otherwise, if may, but shall not be obligated to, obtain such insurance would terminate or if and Tenant shall pay to Landlord has reason to believe on demand the premium costs thereof, plus an administrative fee of 2% of such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insurancecost.

Appears in 1 contract

Samples: Lease Agreement (Ariba Inc)

Tenant’s Insurance. a. All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and Landlord's lender and qualified to do business in the State. Each policy shall name Landlord, and at Landlord's request any mortgagee of Landlord, as an additional insured, as their respective interests may appear. Each policy shall contain (i) a cross- liability endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be primary and non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (iii) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (authenticated by the insurer) or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall be delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days after any demand by Landlord therefor. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancellable except after twenty (20) days written notice to Landlord and Landlord's lender. Tenant shall keep in force furnish Landlord with renewals or "binders" of any such policy at its own expense, so long as this Lease remains in effect, least ten (a10) commercial general liability days prior to the expiration thereof. Tenant agrees that if Tenant does not take out and maintain such insurance, including Landlord may (but shall not be required to) procure said insurance against assumed or contractual liability under this Leaseon Tenant's behalf and charge the Tenant the premiums together with a twenty-five percent (25%) handling charge, with respect payable upon demand. Tenant shall have the right to provide such insurance coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Landlord's mortgagee and Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insuranceLease.

Appears in 1 contract

Samples: Dovebid Inc

Tenant’s Insurance. Tenant shall keep in force maintain at its own expenseall times during the Term (i) “all risk” property insurance covering all present and future Tenant’s Property, so long as this Lease remains in effectFixtures and Tenant’s Improvements and Betterments to a limit of not less than the full replacement cost thereof, and (aii) commercial general liability insurance, including insurance against assumed or a contractual liability under this Leaseendorsement, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with respect Landlord 225 Fourth Company and Orda Management Corporation (or any other such managing agent), and each Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to the PremisesTenant, to afford protection as additional insureds, with limits, per person and for each occurrence, limits of not less than Two Million Dollars ($2,000,000), 5,000,000 combined single limit, with respect to limit for bodily injury and death property damage liability in any one occurrence and property damage, such insurance to provide for only a reasonable deductible, (biii) all-risk property boiler and casualty machinery insurance, including theftif there is a boiler, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property supplementary air conditioner or pressure object or similar equipment in the Premises Premises, with Landlord and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35its managing agent, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) ifif any, and each Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to the extentTenant, required by lawas additional insureds, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance with limits of not less than One Million Dollars $5,000,000 and ($1,000,000.00iv) when Alterations are in process, the insurance specified in Section 4.02(f). Such The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any other additional insureds, at least ten (10) days prior to the Possession Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any other additional insureds such renewal policy or a certificate thereof at least thirty (30) days before the expiration of any existing policy. All such policies shall be maintained issued by companies of recognized responsibility licensed to do business in companies New York State and in form reasonably acceptable to Landlord and shall be written rated by Best’s Insurance Reports or any successor publication of comparable standing as primary policy coverage and not contributing with, A-/VIII or in excess of, any coverage which Landlord shall carry. Tenant shall deposit better or the policy or policies then equivalent of such required insurance or certificates thereof with Landlord prior to the Commencement Daterating, which and all such policies shall name Landlord or its designee andshall, at the request of Landlordif available, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall whereby the same cannot be canceled except after canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least thirty (30) days’ prior written notice to Landlord of such cancellation, lapse or its designeesmodification. All such The proceeds of policies providing “all risk” property insurance of insurance Tenant’s Property, Fixtures and Improvements and Betterments shall be effective as of the date payable to Tenant occupies the Premises and shall be maintained applied to the restoration of the Premises in force at all times during accordance with the Term provisions of this Lease and all other times during which Section 7.05. Tenant shall occupy cooperate with Landlord in connection with the Premises. In addition to the foregoing collection of any insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working monies that may be due in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage loss and Tenant shall execute and deliver to or destruction Landlord such proofs of loss and other instruments which may be required to recover any such insurance monies. Landlord may from time to time (but not more frequently than once every twenty-four (24) months) require that the amount of the Premises and insurance to be maintained by Tenant under this Section 7.02 be increased, so that the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant amount thereof is equal to the terms amount of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about which landlords of Comparable Buildings are then requiring to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary carried by tenants with uses comparable to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insuranceTenant.

Appears in 1 contract

Samples: Lease (890 5th Avenue Partners, Inc.)

Tenant’s Insurance. Effective as of the Commencement Date, and continuing throughout the Term, Tenant shall keep in force at its own expense, so long as this Lease remains in effect, maintain the following insurance policies: (aA) commercial general liability insuranceinsurance in amounts of $5,000,000 per occurrence or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord’s property management company, Landlord’s asset management company and, if requested in writing by Landlord, Landlord’s Mortgagee, against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment (it being further acknowledged that Tenant’s obligation to carry such liability insurance against assumed may be satisfied by coverage under an excess liability policy or contractual policies provided that the coverage afforded Landlord will not be reduced or diminished and the requirements set forth in this Lease are otherwise satisfied by such excess liability under this Leasepolicy or policies), with respect to (B) insurance covering the replacement cost of the Generator Space and all alterations and improvements and betterments in the Premises, to afford protection with limits, per person naming Landlord and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductibleLandlord’s Mortgagee as additional loss payees as their interests may appear, (bC) all-risk property and casualty insurance, including theft, written at insurance covering the replacement cost value of all furniture, trade fixtures and with replacement cost endorsement, covering all of Tenant’s personal property (including property of Tenant or others) in the Premises and all improvements and installed or otherwise placed in the Premises Project by or on behalf of a Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductibleParty (including Tenant’s Off-Premises Equipment), (cD) ifcontractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy), (E) worker’s compensation insurance, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (eF) business interruption insurance in an amount sufficient reasonably acceptable to reimburse Landlord. Tenant’s insurance shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. Prior to execution of this Lease, Tenant for loss shall furnish to Landlord certificates of earnings attributable such insurance and such other evidence satisfactory to prevention Landlord of access to the Building or the Premises for a period maintenance of all insurance coverages required hereunder, and at least twelve (12) months 15 days prior to each renewal of said insurance, and (f) pollution coverage Tenant shall obtain a written obligation on the part of each insurance company to notify Landlord at least 30 days before cancellation or a material change of not less than One Million Dollars ($1,000,000.00)any such insurance policies. Such All such insurance policies shall be maintained in form, and issued by companies and in form with an A.M. Best rating of A-:VII or better, reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense satisfactory to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any other remedy available pursuant to this SectionLease or otherwise, if may, but shall not be obligated to, obtain such insurance would terminate or if and Tenant shall pay to Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent on demand the premiums for such insurancepremium costs thereof.

Appears in 1 contract

Samples: Lease Agreement (Earthlink Inc)

Tenant’s Insurance. a. All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and Landlord's lender and qualified to do business in the State. Each policy shall name Landlord, and at Landlord's request any mortgagee of Landlord, as an additional insured, as their respective interests may appear. Each policy shall contain (i) a cross-liability endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be primary and non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (iii) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (authenticated by the insurer) or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall be delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days after any demand by Landlord therefor. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancellable except after twenty (20) days written notice to Landlord and Landlord's lender. Tenant shall keep in force furnish Landlord with renewals or "binders" of any such policy at its own expense, so long as this Lease remains in effect, least ten (a10) commercial general liability days prior to the expiration thereof. Tenant agrees that if Tenant does not take out and maintain such insurance, including Landlord may (but shall not be required to) procure said insurance against assumed or contractual liability under this Leaseon Tenant's behalf and charge the Tenant the premiums together with a twenty- five percent (25%) handling charge, with respect payable upon demand. Tenant shall have the right to provide such insurance coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Landlord's mortgagee and Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insuranceLease.

Appears in 1 contract

Samples: Lease (Pac-West Telecomm Inc)

Tenant’s Insurance. Tenant shall keep in force shall, at its own sole expense, so long as this Lease remains in effect, (a) commercial general liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing maintain in effect a policy or policies of insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) covering its personal property located in the Premises and tenant improvements to the Premises paid for and installed by Tenant and Landlord other than as set forth in (a) above, providing protection against any peril included under insurance practices within the classification "all risk" and to the full insurable value of such personal property and tenant improvements and (ii) comprehensive general public liability insurance policywith respect to the Premises and the conduct or operation of Tenant's business therein, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand One Million and No/100 Dollars ($200,000.00), combined 1,000,000.00) for death or bodily injury to any one or more persons in a single limit, with respect to personal injury occurrence and death One Million and No/100 Dollars ($1,000,000.00) for property damage. Tenant hereby waives any and all rights of recovery against Landlord for any insured loss or liability occurring to Tenant's personal property and tenant improvements and the aforesaid policy or policies shall contain appropriate provisions recognizing this release by Tenant and waiving all rights of subrogation by the insurance carrier. Except for Landlord's or Landlord's agents', employees', invitees', licensees' or contractors' negligence or willful misconduct, Tenant hereby indemnifies and holds Landlord harmless from all claims, demands, actions, damages, loss, liabilities, judgments, costs and expenses, including, without limitation, attorneys' fees and costs which are suffered by, recovered from or asserted against Landlord and arise from or in connection with the use or occupancy of the Premises and/or any accident, injury or damage occurring in the Premises. Tenant shall maintain a policy or policies of insurance with the premiums paid in advance issued by and binding upon a solvent insurance company, authorized to transact business in Florida, insuring all personal property of tenant upon or within the Premises in an amount equal to the full replacement cost of such property. Tenant shall deliver certificates of such insurance to provide for no deductibleLandlord on or before the Commencement Date, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage thereafter from time to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly time upon Landlord’s demand, as additional rent the premiums for such insurancerequest.

Appears in 1 contract

Samples: Lease Agreement (Medical Staffing Network Holdings Inc)

Tenant’s Insurance. Effective as of the earlier of: (1) the date Tenant enters or occupies the Premises; or (2) the Commencement Date, and continuing throughout the Term, Tenant shall keep in force at its own expense, so long as this Lease remains in effect, maintain the following insurance policies: (aA) commercial general liability insuranceinsurance in amounts of $3,000,000 per occurrence, which shall apply on a per location basis, or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord’s property management company and Invesco against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment with an additional insured endorsement in form CG 20206 1185 if Tenant has any company owned vehicles; (B) automobile liability covering any owned, non-owned, leased, rented or borrowed vehicles of Tenant with limits no less than $5,000,000 combined single limit for property damage and bodily injury; (C) all risk property insurance against assumed or contractual liability under this Lease, with respect to covering the full value of all Alterations and improvements and betterments in the Premises, naming Landlord and Landlord’s Mortgagee (as defined in Section 12(a)) as additional loss payees as their interests may appear; (D) all risk property insurance covering the full value of all furniture, trade fixtures and personal property (including property of Tenant or others) in the Premises or otherwise placed in the Project by or on behalf of a Tenant Party (including Tenant’s Off-Premises Equipment) it being understood that no lack or inadequacy of insurance by Tenant shall in any event make Landlord subject to afford protection any claim by virtue of any theft of or loss or damage to any uninsured or inadequately insured property; (E) contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy); (F) worker’s compensation insurance in amounts not less than statutorily required, and employers’ liability insurance with limits, per person and for each occurrence, limits of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, ; (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (eG) business interruption insurance in an amount sufficient to that will reimburse Tenant for direct or indirect loss of earnings attributable to all perils insured against under Section 11(a)(2)(C) or attributable to the prevention of access to the Building or Premises; (H) in the Premises event Tenant performs any alterations or repairs in, on, or to the Premises, builder’s risk Insurance on an all risk basis (including collapse) on a completed value (non-reporting) form, or by endorsement including such coverage pursuant to Section 11(a)(2)(C) hereinabove, for a period of at least twelve (12) months full replacement value covering all work incorporated in the Building and all materials and equipment in or about the Premises; and (fI) pollution coverage such other insurance or any changes or endorsements to the insurance required herein, including increased limits of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written coverage, as primary policy coverage and not contributing withLandlord, or in excess ofany mortgagee or lessor of Landlord, any coverage which Landlord shall carrymay reasonably require from time to time. Tenant shall deposit the policy or policies furnish to Landlord certificates of such insurance, with an additional insured endorsement in form CG 20206 1185, and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required insurance or certificates thereof with Landlord hereunder at least ten (10) days prior to the earlier of the Commencement DateDate or the date Tenant enters or occupies the Premises, which policies and at least fifteen (15) days prior to each renewal of said insurance, and Tenant shall name obtain a written obligation on the part of each insurance company to notify Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after least thirty (30) days’ written notice to Landlord days before cancellation or its designeesa material change of any such insurance policies. All such insurance policies of insurance shall be effective as in form, and issued by companies with a Best’s rating of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverageA:VII or better, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense reasonably satisfactory to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any other remedy available pursuant to this Lease or otherwise, may, but shall not be obligated to, obtain such insurance and Tenant shall pay to Landlord on demand the premium costs thereof, plus an administrative fee of fifteen percent (15%) of such cost. It is expressly understood and agreed that the foregoing minimum limits of insurance coverage shall not limit the liability of Tenant for its covenants made acts or omissions as provided in this SectionLease. Notwithstanding the foregoing, if such insurance would terminate or if Landlord has reason to believe such insurance so long as Tenant occupies the Premises and is about to be terminatedconducting its business there from, Landlord hereby agrees that Tenant may at its option cause such provide the following insurance as it coverage: (i) commercial general liability insurance of $1,000,000 on an occurrence basis including (a) $300,000 damage to rented premises, (b) $10,000 medical expenses, (c) $1,000,000 personal injury, (d) $1,000,000 general aggregate and (d) $1,000,000 products; (ii) automobile liability insurance covering all hired and non-owned vehicles in its sole judgment deems necessary to be issuedthe amount of $1,000,000; (iii) employer’s liability insurance coverage of (a) $500,000 each accident, (b) $500,000 disease-each employee and (c) $500,000 disease-policy limit; and (d) excess/umbrella liability insurance in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insuranceamount of $10,000,000 per occurrence having a deductible of $10,000.

Appears in 1 contract

Samples: Office Lease Agreement (Optio Software Inc)

Tenant’s Insurance. Beginning on the date Tenant is given access to the Premises for any purpose and continuing until the expiration of the Lease term, including extensions or holdovers thereof, Tenant shall keep maintain policies of insurance covering loss or damage to Tenant’s trade fixtures, merchandise, equipment and improvements installed by Tenant and not covered by a Tenant Improvement Allowance, and other personal property in force at or about the Premises, in commercially reasonable amounts relative to the value of the property insured and providing protection against any peril included within the classification “Causes of Loss-Special Form” (or comparable coverage), together with insurance against sprinkler damage, vandalism and malicious mischief. As an Operating Expense, Tenant shall be liable for its own expenseprorata share of any deductible amount under Landlord’s insurance policies required to be maintained pursuant to Section 11.2 (in an amount not to exceed $10,000 per occurrence), so long provided that if the loss or damage results directly from the act or omission of Tenant, its employees, contractors or agents, then Tenant shall be solely responsible for the payment of such deductible. Beginning on the date Tenant is given access to the Premises for any purpose, and continuing until expiration of the Term (and any Extensions thereto), Tenant shall provide, pay for and maintain in effect during Tenant’s occupancy of the Premises, worker’s compensation insurance as this Lease remains in effect, (a) required by law and commercial general liability insuranceinsurance on the Premises and the operations of Tenant in, including insurance against assumed on or contractual liability under this Lease, with respect to about the Premises, to afford protection with limits, per person providing personal injury and broad form property damage coverage for each occurrence, of not less than Two Million Dollars ($2,000,000), ) combined single limitlimit for bodily injury, with respect to bodily injury and death and property damagedamage liability. The deductibles or self-insurance portion under any such insurance policies to be carried by Tenant shall not exceed Five Thousand Dollars ($5,000). The commercial general liability insurance policy shall name Landlord, and, upon Landlord’s request, Landlord’s mortgagee, as an additional insured and Tenant shall submit proof of such insurance to provide Landlord in the form of an industry standard “Additional Insured Endorsement” not less than five (5) business days prior to Tenant’s occupancy of the Premises for only a reasonable deductible, business operations and not less than fifteen (b15) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost days prior to the expiration of any operative endorsement, covering . Tenant shall also procure adequate insurance to cover all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of obligations under this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policyLease, including, but not limited to, contractorTenant’s liability coverageobligations to indemnify Landlord as set forth in Section 11.5 below. If Tenant carries any of the insurance required hereunder in the form of a blanket policy, contractual liability coverageany certificate required hereunder shall make specific reference to the Premises, completed operations coverageprovided, broad form property damage endorsement and contractor’s protective liability coveragehowever, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, the blanket policy carried with respect to personal injury and death and property damage, such the insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage Tenant hereunder shall contain a “per location” endorsement assuring that any aggregate limit under such blanket policy shall apply separately to or destruction of the Premises and that the termination insurer thereunder shall provide written notice to Landlord if the available portion of such aggregate is reduced to less than the minimum amounts required under this Article by either Table of Contents payment of claims or the establishment of reserves for claims, (whereupon Tenant shall be obligated to take immediate steps to increase the amount of its insurance coverage in order to satisfy the minimum requirements set forth in Section 11.2). The policy evidencing insurance required to be carried by Tenant pursuant to this Article shall provide coverage on an occurrence basis. The limits of the insurance coverage required by Landlord or the unavailability of certain types of coverage shall not limit or release Tenant from any of its obligations under this Lease and the existence of such insurance in no way changes Tenant’s obligations to Landlord. Tenant shall not use, or allow the Premises to be used for any purpose which may be prohibited by the form of fire insurance policy required to be carried under this Lease. Tenant shall pay any increase in premiums for liability and property (including all risk coverage) insurance that may be charged during the Term of this Lease on the amount of such insurance which may be carried by Landlord pursuant to Section 18 hereinon the Premises, the Building or the Project resulting from Tenant’s occupancy whether or not Landlord has consented thereto. In such event, Tenant agrees shall also pay any additional premium on the insurance policy that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may carry for its protection against rent loss through fire or casualty. In determining whether increased premiums are the result of Tenant’s use of the Premises, a schedule, issued by the organization setting the insurance rate on the Premises, showing the various components of such rate, shall be conclusive evidence of the several items and charges which make up the casualty and fire insurance rate on the Premises. Landlord shall deliver invoices for such additional premiums to Tenant at its option cause such insurance times as it in its sole judgment deems necessary to be issuedLandlord may elect, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insuranceshall immediately reimburse Landlord therefore.

Appears in 1 contract

Samples: Lease Agreement (Switch, Inc.)

Tenant’s Insurance. On or before the Commencement Date or Tenant’s prior entry into the Premises, Tenant shall keep will obtain and have in full force at its own expense, so long as this Lease remains in and effect, insurance coverage as follows: workers’ compensation in an amount required by law; (aii) commercial general liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, a per person and for each occurrence, occurrence limit of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to ) and a general aggregate of Three Million Dollars ($3,000,000) for bodily injury and death property damage on an occurrence basis and property damagecontaining an endorsement naming Landlord, such insurance to provide for only a reasonable deductibleits agents, designees and lender as additional insureds, an aggregate limit per location endorsement, and no modification that would make Tenant’s policy excess or contributing with Landlord’s liability insurance; (biii) all-all risk property and casualty insurance, including theft, written at insurance for the full replacement cost value and with replacement cost endorsement, covering of all of Tenant’s personal furniture, fixtures, equipment, alterations, improvements or additions that do not become Landlord’s property upon installation; and (iv) any other form or forms of insurance or any increase in the Premises and all improvements and installed limits of any of the coverages described above or other forms of insurance as Landlord or the mortgagees or ground lessors (if any) of Landlord may reasonably require from time to time if in the Premises reasonable opinion of Landlord or said mortgagees or ground lessors said coverage and/or limits become inadequate or less than that commonly maintained by or on behalf prudent tenants with similar uses in similar buildings in the area. All policies obtained by Tenant will be issued by carriers having ratings in Best’s Insurance Guide (“Best”) of Tenant whether pursuant to the terms of Section 35, Section 10A and VIII, or otherwise, such insurance to provide for only better (or equivalent rating by a reasonable deductible, (ccomparable rating agency if Best no longer exists) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass licensed in the Premises for State. All such policies must be endorsed to be primary and in noncontributing with the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance Landlord being excess, secondary and noncontributing. No policy will be canceled, nonrenewed or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after materially modified without thirty (30) days’ prior written notice by the insurance carrier to Landlord. If the forms of policies, endorsements, certificates, or evidence of insurance required by this Article are superseded or discontinued, Landlord may require other equivalent or better forms. Evidence of the insurance coverage required to be maintained by Tenant, represented by certificates of insurance issued by the insurance carrier, must be furnished to Landlord or its designees. All such policies of insurance shall be effective as of the date prior to Tenant occupies occupying the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition least thirty (30) days prior to the foregoing insurance coverageexpiration of current policies. Copies of all endorsements required by this Article must accompany the certificates delivered to Landlord. The certificates will state the amounts of all deductibles and self-insured retentions and that Landlord will be notified in writing thirty (30) days prior to cancellation, material change, or non-renewal of insurance. If requested in writing by Landlord, Tenant shall require will provide to Landlord a certified copy of any contractor retained or all insurance policies or endorsements required by it this Article. .B Tenant will not do or allow anything to perform work be done on the Premises to carry and maintainwhich will increase the rate of fire insurance on the Building from that of a general office building. If any use of the Premises by Tenant results in an increase in the fire insurance rate(s) for the Building, at no expense to Tenant will pay Landlord, during such times as contractor is working Additional Rent, any resulting increase in the Premises, a non-deductible (ipremiums. Tenant’s insurance obligations set forth in Section 22 a)(i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance above shall continue in effect throughout the Term and after the Term as long as Tenant, or similar insurance in form and amounts as required by law. In the event of damage to anyone claiming by, through or destruction under Tenant, occupies all or any part of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insurancePremises.

Appears in 1 contract

Samples: Lease Agreement (Intelligroup Inc)

Tenant’s Insurance. The Tenant's policies of insurance hereinbefore referred to will contain the following: provisions that the Landlord is protected notwithstanding any act, neglect or misrepresentation of the Tenant shall keep which might otherwise result in force at its own expensethe avoidance of claim under such policies will not be affected or invalidated by any act, so long as this Lease remains in effect, (a) commercial general liability insurance, including insurance against assumed omission or contractual liability under this Lease, negligence of any third party which is not within the knowledge or control of the insured(s); provisions that such policies and the coverage evidenced thereby will be primary and noncontributing with respect to any policies carried by the Premises, Landlord and that any coverage carried by the Landlord will be excess coverage; all insurance referred to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to above will provide for only a reasonable deductible, (b) all-risk property waiver of the insurer's rights of subrogation as against the Landlord; and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, provisions that such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall will not be canceled except after cancelled without the insurer providing the Landlord thirty (30) days’ days written notice stating when such cancellation will be effective. The Tenant will further during the whole of the term maintain such other insurance in such amounts and in such sums as the Landlord may reasonably determine from time to time. Evidence satisfactory to the Landlord or its designees. All of all such policies of insurance shall will be effective as provided to the Landlord upon request. The Tenant will not do, omit or permit to be done or omitted upon the Premises anything which will cause any rate of insurance upon the Building or any part of the date Tenant occupies the Premises and shall Building to be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, increased or cause such insurance to provide for no deductiblebe cancelled. If any such rate of insurance will be increased as previously mentioned, the Tenant will pay to the Landlord the amount of the increase as Additional Rent. If any insurance policy upon the Building or any part of the Building is cancelled or threatened to be cancelled by reason of the use or occupancy by the Tenant or any such act or omission, the Tenant will immediately remedy or rectify such use, occupation, act or omission upon being requested to do so by the Landlord, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In if the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant tenant fails to comply with its covenants made in this Sectionso remedy or rectify, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, the Landlord may at its option cause such insurance as it in its sole judgment deems necessary terminate this Lease and the Tenant will immediately deliver up possession of the Premises to the Landlord. The Tenant will not at any time during the Term use, exercise, carry on or permit or suffer to be issuedused, exercised, carried on, in or upon the Premises or any part of the Premises, any noxious, noisome or offensive act, trade business occupation or calling, and no act, matter or thing whatsoever will at any time during the said term be done in such event Tenant agrees or upon the Premises, or any part Premises, which will or may be or grow to pay promptly upon Landlord’s demandthe annoyance, as additional rent nuisance, grievance, damage or disturbance of the premiums for such insuranceoccupiers or owners of the Building, or adjoining lands or premises.

Appears in 1 contract

Samples: Commercial Lease Agreement

Tenant’s Insurance. Effective as of the earlier of (1) the date Tenant enters or occupies the Premises, or (2) the Commencement Date, and continuing throughout the Term, Tenant shall keep in force at its own expense, so long as this Lease remains in effect, maintain the following insurance policies: (aA) commercial general liability insuranceinsurance (including property damage, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damagepersonal injury coverage) in amounts of $1,000,000 per occurrence in primary coverage, with an additional $3,000,000 in umbrella coverage or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to provide insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant (and naming as additional insureds Landlord, Landlord's property management company, Landlord's asset management company and, if requested in writing by Landlord, Landlord's Mortgagee), against all liability for only injury to or death of a reasonable deductible, (b) all-risk person or persons or damage to property arising from the use and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all occupancy of Tenant’s personal property in the Premises and all improvements and installed in the Premises (without implying any consent by or on behalf of Tenant whether pursuant Landlord to the terms installation thereof) the installation, operation, maintenance, repair or removal of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductibleTenant's Off-Premises Equipment, (cB) if, and to the extent, required by law, workmen’s compensation or similar cause of loss-special risk form (formerly "all-risk") insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability sprinkler leakage, ordinance and law, sewer back-up, flood, earthquake, windstorm and collapse coverage) covering the full value of all alterations and improvements and betterments in the Premises, contractual liability coveragenaming Landlord and Landlord's Mortgagee as additional loss payees as their interests may appear, completed operations coverage(C) cause of loss-special risk form (formerly "all-risk") insurance covering the full value of all furniture, broad form trade fixtures and personal property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, (including property of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (iiTenant or others) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises or otherwise placed in the Project by or on behalf of a Tenant whether pursuant Party (including Tenant's Off-Premises Equipment), (D) contractual liability insurance sufficient to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insurance.cover Tenant's

Appears in 1 contract

Samples: Lease Agreement (Red Mountain Resources, Inc.)

Tenant’s Insurance. Tenant shall keep in force at its own expense, so long as this Lease remains in effect, (a) commercial general public liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily personal injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s 's personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s 's compensation or similar insurance offering statutory coverage and containing statutory limits, limits (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, Landlord and (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00)months. Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days' written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s 's liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s 's protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s 's compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant Xxxxxx agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s Xxxxxxxx's demand, as additional rent the premiums for such insurance.

Appears in 1 contract

Samples: Agreement of Lease (Convera Corp)

Tenant’s Insurance. Tenant Tenant, at Tenant's sole cost and expense, shall obtain and keep in full force and effect i) an "all risk" insurance policy for Tenant's Property at its own expensethe Premises, so long as this Lease remains in effect, (aand ii) a policy of commercial general liability insuranceand property damage insurance on an occurrence basis, including insurance against assumed or with a broad form contractual liability under endorsement (the insurance policy described in this Lease, with respect clause (ii) being referred to herein as the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00"Liability Policy"). Such policies shall be maintained in companies name Tenant as the insured. Landlord, Landlord's managing agent, and in form reasonably acceptable any Lessors and any Mortgagees (whose names have been furnished to Landlord and Tenant) shall be written named as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of additional insureds on such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgageespolicies, as additional insured and their respective interests may appear. The Liability Policy shall also contain a provision stating that (a) no act or omission of Tenant shall affect or limit the obligation of the insurer to pay the amount of any loss sustained, and (b) the policy shall be non-cancelable with respect to Landlord, Landlord's managing agent, and such Lessors and Mortgagees unless written notice has been given to Landlord, which notice shall contain the policy or policies shall not be canceled except after number and the names of the insured and additional insureds, at least thirty (30) days’ written notice days prior to the effective date of any such cancellation for any reason other than the non-payment of premium, or at least ten (10) days prior to the effective date of any such cancellation by reason of non-payment of premium. If i) any insurance obtained by Tenant covers Alterations, and ii) this Lease does not terminate after the occurrence of a fire or other casualty, then (a) Tenant, promptly after the occurrence of such fire or other casualty, shall make an appropriate claim against its insurer in respect thereof, (b) Tenant shall not settle, adjust or compromise any such claim without Landlord's prior approval, which approval Landlord shall not unreasonably withhold or delay, and (c) Tenant shall pay to Landlord any amounts recovered from Tenant's insurer for damage to such Alterations caused by such fire or its designees. All other casualty, promptly after Tenant's receipt thereof from such policies of insurance insurer (it being agreed, however, that Landlord's obligation to restore such Alterations to the extent otherwise provided herein shall be effective as unaffected by the inadequacy of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation cover the cost of such restoration). Tenant shall deliver promptly to Landlord a copy of any notice of cancellation or any other notice from the insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord carrier which may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insurance.adversely

Appears in 1 contract

Samples: Agreement of Lease (Enote Com Inc)

Tenant’s Insurance. Tenant shall keep in force maintain at its own expense, so long (1) in an amount equal to full replacement cost, special form (formerly known as this Lease remains in effect, (aall risk) commercial general liability insuranceproperty insurance on all of its personal property, including insurance against assumed or contractual liability under this Leaseremovable trade fixtures and leasehold and tenant improvements, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property Property located in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether such additional amounts as are required to meet Tenant’s obligations pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, 18 hereof and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance with deductibles in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense satisfactory to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmena policy or policies of commercial general liability insurance (including endorsement or separate policy for owned or non-owned automobile liability) with respect to its activities in the Building and on the Property, with the premiums thereon fully paid on or before the due date, in an amount of not less than $2,000,000 per occurrence per person coverage for bodily injury, property damage, personal injury or combination thereof (the term “personal injury” as used herein means, without limitation, false arrest, sexual harassment, detention or imprisonment, malicious prosecution, wrongful entry, libel and slander), provided that if only single limit coverage is available it shall be for at least $2,000,000 per occurrence with an umbrella policy of at least $5,000,000 combined single limit per occurrence. Tenant’s compensation insurance policies shall name Landlord and Building Manager as additional insureds and shall include coverage for the contractual liability of Tenant to indemnify Landlord and Building Manager pursuant to Section 16 of this Lease and shall have deductibles in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession of the Premises, Tenant shall furnish evidence satisfactory to Landlord of the maintenance and timely renewal of such insurance, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord at least thirty (30) days prior to the modification, cancellation or similar expiration of such insurance in form and amounts as required by lawpolicies. In the event of damage Tenant shall not have delivered to Landlord a policy or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its certificate evidencing such insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant at least thirty (30) days prior to the terms expiration date of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminatedeach expiring policy, Landlord may at its option cause obtain such insurance as it in its sole judgment deems necessary Landlord may reasonably require to protect Landlord’s interest (which obtaining of insurance shall not be deemed to be issueda waiver of Tenant’s default hereunder). The cost to Landlord of obtaining such policies, and plus an administrative fee in the amount of fifteen percent (15%) of the cost of such event policies shall be paid by Tenant agrees to pay promptly Landlord as Additional Rent upon Landlord’s demand, as additional rent the premiums for such insurance.

Appears in 1 contract

Samples: Office Lease Agreement (Diamondback Energy, Inc.)

Tenant’s Insurance. Section 8.02 of the Lease is hereby deleted and, in lieu thereof, the following is instead substituted: Tenant shall keep in force purchase, at its own expense, so long as this and keep in force at all times during the Lease remains in effectTerm the policies of insurance set forth below (collectively, “Tenant’s Policies”). All Tenant’s Policies shall (a) commercial general liability insurance, including be issued by an insurance against assumed company with a Best’s rating of A or contractual liability under this Lease, with respect to better (excluding situations where the Premises, to afford protection with limits, per person Tenant self-insures as provided herein) and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form otherwise reasonably acceptable to Landlord and shall be licensed to do business in the state in which the Leased Premises is located; (b) provide that said insurance shall not be canceled unless 30 days’ prior written notice shall have been given to Landlord; (c) provide for deductible amounts that are reasonably acceptable to Landlord (and its lender, if applicable) and (d) otherwise be in such form, and include such coverages, as primary policy Landlord may reasonably require. The Tenant’s Policies described in (i) and (ii) below shall (1) provide coverage on an occurrence basis; (2) name Landlord (and its lender, if applicable) as additional insured; (3) provide coverage, to the extent insurable, for the indemnity obligations of Tenant under this Lease; (4) contain a separation of insured parties provision; (5) be primary, with respect to Tenant’s obligations under the Lease, not contributing with, or and not in excess of, any coverage which that Landlord may carry (with Landlord’s insurance being primary with respect to Landlord’s obligations under the lease); and (6) provide coverage with no exclusion for a pollution incident arising from a hostile fire. All Tenant’s Policies (or, at Landlord’s option, Certificates of Insurance and applicable endorsements, including, without limitation, an “Additional Insured-Managers or Landlords of Premises” or similar endorsement) shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with be delivered to Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the Date and upon renewal and request a Certificate of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not Insurance will be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by lawdelivered. In the event of damage that Tenant fails, at any time or from time to or destruction time, to comply with the requirements of the Premises preceding sentence, Landlord may (A) order such insurance and charge the termination of this Lease cost thereof to Tenant, which amount shall be payable by Tenant to Landlord pursuant to Section 18 hereinupon demand, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by as Additional Rent or (B) impose on behalf of Tenant whether pursuant to the terms of Section 35Tenant, Section 10as Additional Rent, or otherwise. If a monthly delinquency fee, for each month during which Tenant fails to comply with the foregoing obligation, in an amount equal to five percent (5%) of the Monthly Rental Installments then in effect. Tenant shall give prompt notice to Landlord and Agent of any bodily injury, death, personal injury, advertising injury or property damage occurring in and about the Property. Tenant shall purchase and maintain, throughout the Term, a Tenant’s Policy(ies) of: (i) commercial general or excess liability insurance, including personal injury and property damage, in the amount of not less than $2,000,000.00 per occurrence, and $5,000,000.00 annual general aggregate, per location; (ii) comprehensive automobile liability insurance covering Tenant against any personal injuries or deaths of persons and property damage based upon or arising out of the ownership, use, occupancy or maintenance of a motor vehicle at the Premises and all areas appurtenant thereto in the amount of not less than $1,000,000, combined single limit; (iii) omitted; (iv) workers’ compensation insurance per the applicable state statutes covering all employees of Tenant; (v) business interruption insurance with limits not less than an amount equal to two (2) years’ rent due hereunder; and if Tenant handles, stores or utilizes Hazardous Substances in its covenants made business operations, (vi) pollution legal liability insurance. The foregoing notwithstanding, Landlord hereby consents to Tenant’s self-insurance program provided that, at all times throughout the Term during which Tenant desires that Landlord accept Tenant’s self-insurance program, said program contains procedures (reasonably acceptable to Landlord) governing the investigation, litigation, processing, funding of reserves, and payment of insurance claims (including claims brought by Landlord in its capacity as an additional insured under this Lease), which procedures shall be consistent with those of third-party insurers. At all times, Tenant’s self-insurance program shall be subject to, and comply with, all of the requirements for Tenant’s insurance policies as described in this SectionSection 8.02 and Landlord’s consent to Tenant’s self-insurance program shall not diminish or abrogate any or all of said requirements in any way. Upon Landlord’s request, if Tenant shall deliver to Landlord certificates and written details, reasonably acceptable to Landlord, evidencing the compliance of its self-insurance program with the provisions of this paragraph. Landlord’s consent to Tenant’s self-insurance program will automatically terminate upon the effective date of any assignment, transfer or assumption of the Lease by or to any third party, including transfers by operation of law, regardless of whether or not Landlord consents to such insurance would terminate transfer (and without, in any way or if to any extent, constituting a waiver of any requirement imposed under this Lease that Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issuedconsent to, and in approve of, any such event Tenant agrees to pay promptly upon Landlord’s demandassignment, as additional rent the premiums for such insurancetransfer or assumption).

Appears in 1 contract

Samples: Industrial Lease Agreement (Primerica, Inc.)

Tenant’s Insurance. Tenant shall keep in force at its own expense, so long as this Lease remains in effect, maintain throughout the Term the ------------------ following insurance policies: (a1) commercial general liability insuranceinsurance in amounts of $3,000,000 per occurrence or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including insurance liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord's agents and their respective Affiliates against assumed all liability for injury to or contractual liability under this Lease, with respect death of a person or persons or damage to property arising from the use and occupancy of the Premises, to afford protection with limits, per person and for each occurrence, (2) insurance covering the full value of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk Tenant's property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) ifimprovements, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, other property (dincluding property of others) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i3) comprehensive contractual liability insurance sufficient to cover Tenant's indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant's commercial general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible(4) worker's compensation insurance, and (ii5) workmen’s compensation business interruption insurance. Tenant's insurance shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issuedcoverage, and in such event circumstance Landlord's policy will be excess over Tenant's policy. Tenant agrees shall furnish to pay promptly upon Landlord certificates of such insurance and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required hereunder, and Tenant shall obtain a written obligation on the part of each insurance company to notify Landlord at least 30 days before cancellation or a material change of any such insurance policies. All such insurance policies shall be in form, and issued by companies, reasonably satisfactory to Landlord’s demand, as additional rent the premiums for such insurance.

Appears in 1 contract

Samples: Lease Agreement (Tenfold Corp /Ut)

Tenant’s Insurance. a. All insurance required to be carried by Tenant shall keep in force at its own expense, so long as this Lease remains in effect, (a) commercial general liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies hereunder shall be maintained in issued by responsible insurance companies and in form reasonably acceptable to Landlord and Landlord's lender and qualified to do business in the State. Each policy shall name Landlord, and at Landlord's request any mortgagee of Landlord, as an additional insured, as their respective interests may appear. Each policy shall contain (i) a cross-liability endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be written as primary policy coverage and not non-contributing with, or in excess of, with respect to any policies carried by Landlord and that any coverage which carried by Landlord shall carry. Tenant shall deposit be excess insurance, and (iii) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or policies by reason of such required insurance any act or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request omission of Landlord, its mortgageesagents, as additional insured employees or representatives. A copy of each paid up policy (authenticated by the insurer) or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall also contain a provision stating that be delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days after any demand by Landlord therefor. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy or policies shall not be canceled cancelable except after thirty (30) days’ days written notice to Landlord or its designeesand Landlord's lender. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition furnish Landlord with renewals or "binders" of any such policy al least ten (10) days prior to the foregoing expiration thereof. Tenant agrees that if Tenant does not take out and maintain such insurance, Landlord may (but shall not be required to) procure said insurance coverageon Tenant's behalf and charge the Tenant the premiums together with a twenty-five percent (25%) handling charge, payable upon demand. Tenant shall require any contractor retained have the right to provide such insurance coverage pursuant to blanket policies obtained by it the Tenant, provided such blanket policies expressly afford coverage to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policyLandlord, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement Landlord's mortgagee and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts Tenant as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insuranceLease.

Appears in 1 contract

Samples: New Visual Corp

Tenant’s Insurance. To the extent Tenant shall keep operates a business in force the ------------------ premises, Tenant shall, at its own Tenant's expense, so long as this maintain during the Lease remains in effect, Term (a) commercial general liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which if Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on or conduct activities in or about the Premises prior to carry and maintainor after the Lease Term, at no expense to Landlord, then also during such times as contractor is working in the Premises, a nonpre-deductible term or post-term period): (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, including contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, a minimum coverage of not less than Two Five Hundred Thousand Dollars ($200,000.00)500,000) per occurrence/One Million Dollars ($1,000,000) general aggregate, combined single limitfor injuries to, with respect or illness or death of, persons and damage to personal injury and death and property damageoccurring in or about the Premises or otherwise resulting from Tenant's operations in the Building, such insurance to provide for no deductible, and (ii) workmen’s compensation property insurance protecting Tenant against loss or similar damage by fire and such other risks as are insurable under then- available standard forms of "all risk" insurance policies (excluding earthquake and flood but including water damage), covering Tenant's property in form and amounts as required by law. In the event of damage to or destruction of about the Premises or the Real Property and also covering any fixtures that may belong to Tenant and any Alterations not in the termination nature of this Lease by Landlord pursuant to Section 18 hereinordinary office improvements, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to but excluding the improvements made existing in the Premises by or on behalf as of Tenant whether pursuant to the terms date of Section 35Tenant's initial occupancy of the Premises, Section 10for not less than eighty percent (80%) of the full replacement value thereof without deduction for depreciation; and (iii) workers' compensation insurance in statutory limits. The above- described comprehensive general liability insurance shall protect Tenant, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issuednamed insured, and Landlord and all the Indemnities, as defined in such event Tenant agrees to pay promptly upon Paragraph 14, and any other parties designated by Landlord’s demand, as additional rent insurers; shall insure Landlord's and such other parties' contingent liability with regard to acts or omissions of Tenant; and shall specifically include all liability assumed by Tenant under this Lease (provided, however, that such contractual liability coverage shall not limit or be deemed to satisfy Tenant's indemnity obligations under this Lease). Landlord reserves the premiums for such insuranceright to reasonably increase the foregoing amount of liability coverage from time to time as Landlord's insurance consultant determines is required to adequately protect Landlord and the other parties designated by Landlord from the matters insured thereby.

Appears in 1 contract

Samples: Lease Unit (Natus Medical Inc)

Tenant’s Insurance. Effective as of the earlier of: (1) the date Tenant enters or occupies the Premises; or (2) the Commencement Date, and continuing throughout the Term, Tenant shall keep in force at its own expense, so long as this Lease remains in effect, maintain the following insurance policies: (aA) commercial general liability insuranceinsurance in amounts of no less than $3,000,000 per occurrence, or, following the expiration of the initial Term, such other amount as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord’s property management company and Landlord’s lender against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment with an additional insured endorsement in form approved in writing by Landlord; (B) Automobile Liability covering any owned, non-owned, leased, rented or borrowed vehicles of Tenant with limits no less than $3,000,000 combined single limit for property damage and bodily injury; (C) All Risk Property insurance against assumed or contractual liability under this Lease, with respect to covering the full value (less reasonable deductibles) of all Alterations and improvements and betterments in the Premises, to afford protection with limitsnaming Landlord and Landlord’s Mortgagee (as defined in Section 12(a)) as additional loss payees as their interests may appear; (D) All Risk Property insurance covering the full value (less reasonable deductibles) of all furniture, per person trade fixtures and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property (including property of Tenant or others) in the Premises and all improvements and installed or otherwise placed in the Premises Project by or on behalf of a Tenant whether pursuant Party (including Tenant’s Off-Premises Equipment) it being understood that no lack or inadequacy of insurance by Tenant shall in any event make Landlord subject to the terms any claim by virtue of Section 35, Section 10, any theft of or otherwise, loss or damage to any uninsured or inadequately insured property; (E) contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance to provide for only a reasonable deductible, is not already included in Tenant’s commercial general liability insurance policy); (cF) ifworker’s compensation insurance in amounts not less than statutorily required, and to the extent, required by law, workmen’s compensation or similar Employers’ Liability insurance offering statutory coverage and containing statutory limits, with limits of not less than $3,000,000; (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (eG) business interruption insurance in an amount sufficient to that will reimburse Tenant for direct or indirect loss of earnings attributable to all perils insured against under Section 11(a)(2)(C) or attributable to the prevention of access to the Building or Premises; (H) in the Premises event Tenant performs any alterations or repairs in, on, or to the Premises, Builder’s Risk Insurance on an All Risk basis (including collapse) on a completed value (non-reporting) form, or by endorsement including such coverage pursuant to Section 11(a)(2)(C) hereinabove, for a period of at least twelve (12) months full replacement value covering all work incorporated in the Building and all materials and equipment in or about the Premises; and (fI) pollution coverage insurance of upon not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written prior notice to Tenant, such other insurance or endorsements to the insurance required herein as Landlord, or any mortgagee or lessor of Landlord may reasonably require, and which are consistent with coverages typically being required by owners or its designeesmortgagees of buildings substantially similar to the Building in the Minneapolis-St. Xxxx metropolitan area. Subject to Section 11(c), Tenant’s insurance shall provide primary coverage to Landlord and shall not require contribution by any insurance maintained by Landlord, when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. Tenant shall furnish to Landlord certificates of such insurance, with an additional insured endorsement in form approved in writing by Landlord, and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required hereunder at least five (5) days prior to the earlier of the Commencement Date or the date Tenant enters or occupies the Premises, and at least fifteen (15) days prior to each renewal of said insurance, and Tenant shall endeavor to obtain a written obligation on the part of each insurance company to notify Landlord at least thirty (30) days before cancellation or a material change of any such insurance policies. All such insurance policies of insurance shall be effective as in form, and issued by companies licensed to do business in the State (defined below) and with a Best’s rating of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverageA:VII or better, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense reasonably satisfactory to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any other remedy available pursuant to this Lease or otherwise, may, but shall not be obligated to, after five (5) days’ written notice to Tenant, obtain such insurance and Tenant shall pay to Landlord on demand the premium costs thereof. It is expressly understood and agreed that the foregoing minimum limits of insurance coverage shall not limit the liability of Tenant for its covenants made acts or omissions as provided in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insuranceLease.

Appears in 1 contract

Samples: Office Lease Agreement (Cray Inc)

Tenant’s Insurance. Effective as of the earlier of (1) the date Tenant enters or occupies the Premises, or (2) the Commencement Date, and continuing throughout the Term, Tenant shall keep in force at its own expense, so long as this Lease remains in effect, maintain the following insurance policies: (aA) commercial general liability insuranceinsurance in amounts of $3,000,000 per occurrence or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord’s property management company and Landlord’s asset management company against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment, (B) insurance against assumed or contractual liability under this Lease, with respect to covering the full value of all alterations and improvements and betterments in the Premises, to afford protection with limits, per person naming Landlord and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductibleLandlord’s Mortgagee as additional loss payees as their interests may appear, (bC) all-risk property insurance covering the full value of all furniture, trade fixtures and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property (including property of Tenant or others) in the Premises and all improvements and installed or otherwise placed in the Premises Project by or on behalf of a Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductibleParty (including Tenant’s Off-Premises Equipment), (cD) if, and to the extent, required by law, workmen’s compensation or similar contractual liability insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve cover Tenant’s indemnity obligations hereunder (12) months and (f) pollution coverage but only if such contractual liability insurance of is not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained already included in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive Tenant’s commercial general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible(E) worker’s compensation insurance, and (iiF) workmenbusiness interruption insurance. Tenant’s compensation insurance shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. Tenant shall furnish to Landlord certificates of such insurance in form and amounts as required by law. In the event of damage such other evidence satisfactory to or destruction Landlord of the Premises and the termination maintenance of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant coverages required hereunder at least ten days prior to the terms earlier of Section 35the Commencement Date or the date Tenant enters or occupies the Premises, Section 10and at least 15 days prior to each renewal of said insurance, and Tenant shall obtain a written obligation on the part of each insurance company to notify Landlord at least 30 days before cancellation or otherwisea material change of any such insurance policies. All such insurance policies shall be in form, and issued by companies reasonably satisfactory to Landlord. If Tenant fails to comply with its covenants made the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any other remedy available pursuant to this SectionLease or otherwise, if may, but shall not be obligated to, obtain such insurance would terminate or if and Tenant shall pay to Landlord has reason to believe on demand the premium costs thereof, plus an administrative fee of 15% of such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insurancecost.

Appears in 1 contract

Samples: Lease Agreement (Omtool LTD)

Tenant’s Insurance. Tenant shall keep in force maintain, at its own cost and expense, so long as this Lease remains in effectresponsible companies approved by Landlord, (a) commercial general combined single limit public liability insurance, including insurance insuring Landlord, Landlord’s Management Company and Tenant, as their interests may appear, against assumed all claims, demands or contractual liability under this Leaseactions for bodily injury, with respect to the Premises, to afford protection with limits, per personal injury or death of any one person and for each occurrence, in an amount of not less than Two Million Dollars $1,000,000.00; and for bodily injury, personal injury or death of more than one person in any one accident in an amount of not less than $2,000,000.00; and for damage to property in an amount of not less than $1,000,000.00. If Tenant engages in the sale of wine, beer, or liquor (alcohol sales of any kind) whether for on site or off site consumption, Tenant shall maintain, at its own cost and expense, in responsible companies approved by Landlord, Liquor Liability insurance in an amount not less than $2,000,000)2,000,000.00. Additionally in the case of either a (i) nightclub use or (ii) restaurant use (where dancing or live music occur) Tenant shall maintain an Umbrella Liability insurance in an amount not less than $2,000,000.00. Landlord, combined single limitLandlord’s Management Company, with respect and their directors, officers, employees and agents, shall be covered as additional insureds without limitation in all such policies. All required liability insurance shall have no exclusion for Assault and Battery, Abuse and Molestation or incidents involving Firearms. Landlord shall have the right to bodily injury direct Tenant to increase such amounts whenever it considers them inadequate. Such liability insurance shall also cover and death include all exterior signs maintained by Tenant. The policy of insurance may be in the form of a general coverage or floater policy covering these and property damageother premises, such provided that Landlord and Landlord’s Management Company are specifically insured therein. Tenant shall carry like coverage against loss or damage by boiler or compressor or internal explosion of boilers or compressors, if there is a boiler or compressor in the Premises. Tenant shall maintain insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all glass forming a part of Tenant’s personal property the Premises including plate glass in the Premises and all improvements fire insurance against loss or damage by fire or windstorms, with such endorsements for extended coverage, theft, vandalism, malicious mischief and installed in the Premises by special extended coverage as may be reasonably required or on behalf of Tenant whether pursuant to the terms of Section 35advisable, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as covering 100% of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term replacement costs of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverageany items of value, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, including but not limited to, contractorsigns, stock, inventory, fixtures, improvements, floor coverings, equipment and air conditioning compressors and equipment serving the Premises. Tenant shall maintain worker’s liability coveragecompensation insurance as required by applicable law and environmental indemnity insurance if required under Article 7.5 of this Lease. All of said insurance shall be in form and in responsible companies satisfactory to Landlord, contractual liability coverageand shall provide that it will not be subject to cancellation, completed operations coveragetermination or change except after at least 30 days prior written notice to Landlord. Any insurance procured by Tenant shall be primary and shall contain an express waiver of any right of subrogation by the insurance company against Landlord, broad form property damage endorsement Landlord’s Management Company and contractorLandlord’s protective liability coverageinsurer. The policies, together with satisfactory evidence of the payment of the premiums thereon, shall be deposited with Landlord on or before the day Tenant takes possession of the Premises. Failing to afford protection provide and maintain all required insurance shall be considered a material breach of this Lease. Thereafter, Tenant shall provide Landlord with limits per person and for each occurrenceevidence of proof of payment upon renewal of any such policy, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect 30 days prior to personal injury and death and property damage, expiration of the term of such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by lawcoverage. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such obtain or maintain the insurance would terminate or if Landlord has reason to believe such insurance is about to be terminatedrequired hereunder, Landlord may at its option cause such insurance as it in its sole judgment deems necessary obtain same, without any obligation whatsoever to be issueddo so, and any costs incurred by Landlord in such event connection therewith plus a ten percent (10%) administrative fee shall be payable by Tenant agrees upon demand. Nothing herein shall be deemed or construed to pay promptly upon either (i) release Xxxxxxxx’s insurer from any obligation to Landlord; or (ii) impair Landlord’s demand, rights as additional rent the premiums for such insuranceto any of its own insurance coverages or policy benefits.

Appears in 1 contract

Samples: Business Lease

Tenant’s Insurance. Effective as of the earlier of (1) the date Tenant enters or occupies the Premises, or (2) the Rent Commencement Date, and continuing throughout the Term, Tenant shall keep in force at its own expense, so long as this Lease remains in effect, maintain the following insurance policies: (aA) commercial general liability insuranceinsurance in amounts of $3,000,000 per occurrence or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord’s property management company, Landlord’s asset management company and, if requested in writing by Landlord, Landlord’s Mortgagee, against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment, (B) insurance against assumed or contractual liability under this Lease, with respect to covering the full value of all alterations and improvements and betterments in the Premises, to afford protection with limits, per person naming Landlord and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductibleLandlord’s Mortgagee as additional loss payees as their interests may appear, (bC) all-risk property insurance covering the full value of all furniture, trade fixtures and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property (including property of Tenant or others) in the Premises and all improvements and installed or otherwise placed in the Premises Project by or on behalf of a Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductibleParty (including Tenant’s Off-Premises Equipment), (cD) ifcontractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy), (E) worker’s compensation insurance, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (eF) business interruption insurance in an amount sufficient reasonably acceptable to reimburse Landlord. Tenant’s insurance shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. Tenant for loss shall furnish to Landlord certificates of earnings attributable such insurance and such other evidence satisfactory to prevention Landlord of access the maintenance of all insurance coverages required hereunder at least ten days prior to the Building earlier of the Rent Commencement Date or the Premises for a period of date Tenant enters or occupies the Premises, and at least twelve (12) months 15 days prior to each renewal of said insurance, and (f) pollution coverage Tenant shall obtain a written obligation on the part of each insurance company to notify Landlord at least 30 days before cancellation or a material change of not less than One Million Dollars ($1,000,000.00)any such insurance policies. Such All such insurance policies shall be maintained in form, and issued by companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense satisfactory to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any other remedy available pursuant to this SectionLease or otherwise, if may, but shall not be obligated to, obtain such insurance would terminate or if and Tenant shall pay to Landlord has reason to believe on demand the premium costs thereof, plus an administrative fee of 15% of such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insurancecost.

Appears in 1 contract

Samples: Lease Agreement (Energytec Inc)

Tenant’s Insurance. The Tenant shall keep in full force at its own expense, so long as this Lease remains in and effect, (a) commercial general the names of the Tenant, the Landlord and every mortgagee of the Building, a policy of a public liability insurance, including and property damage insurance against assumed or contractual liability under this Lease, with companies qualified to do business in the Province of Ontario and reasonably acceptable to the Landlord with respect to the Premises, to afford protection with limitsthe Lands, the Building, and the business operated by the Tenant in the Premises in which the limits of public liability shall not be less than FIVE MILLION DOLLARS ($5,000,000.00) per person and for each occurrence, of FIVE MILLION DOLLARS ($5,000,000.00) per accident and in which the property damage liability shall not be less than Two Million Dollars FIVE MILLION DOLLARS ($2,000,0005,000,000.00). In addition, combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-the Tenant shall at all times maintain all risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient adequate to reimburse cover the costs of replacement of all alterations, decorations, additions and improvements made by the Tenant for loss of earnings attributable to prevention of access and all goods and chattels belonging to the Building or Tenant in the Premises for in the event of fire or extended coverage loss. The insurance policies stipulated above shall contain a period waiver or waivers of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing withsubrogation against the Landlord, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Dateextent available from the Tenant's insurer. The Tenant hereby waives, releases and discharges the Landlord from all tights, claims and demands whatsoever which policies shall name the Tenant might have or acquire against the Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event arising out of damage to or destruction of the Premises Building or any part thereof occasioned by any perils insured against by the Tenant or which the Tenant has agreed to insure against, whether such rights, claims and demands shall arise through the termination negligence or the fault of the Landlord, its servants, agents or contractors, or not. The Tenant agrees to look solely to its insurer or insurers in the event of such loss, or whether the insurance coverage is sufficient fully to reimburse the Tenant for such loss or not. The Tenant shall deliver certified copies of all insurance policies required to be obtained by the Tenant pursuant to this Lease by Landlord pursuant prior to Section 18 herein, Tenant agrees that it shall pay Landlord all occupancy of its insurance proceeds relating to improvements made in the Premises by or on behalf the Tenant, and, the Tenant shall, in each Lease Year, deliver evidence of Tenant whether pursuant renewal of the same to the terms Landlord. The Landlord shall insure the Building as would a prudent landlord having regard to the age, size and location of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insuranceBuilding.

Appears in 1 contract

Samples: Indenture (Polar Wireless Corp.)

Tenant’s Insurance. Tenant shall will provide and keep in force at its own expense, so long as this Lease remains in effect, (a) commercial general liability insurance, including insurance against assumed or contractual liability under during the Term of this Lease, with respect to for the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name benefit of Landlord, (e) its mortgagees, Agent and Tenant general liability insurance coverage with an insurance company licensed to do business interruption insurance in an the jurisdiction in which the Property is located, in the amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies ) with respect of injuries to any one person, Three Million Dollars ($3,000,000.00) with respect to any one accident, and in form reasonably acceptable Five Hundred Thousand Dollars ($500,000.00) with respect to Landlord and shall be written as primary policy coverage and not contributing with, property damage (or in excess ofsuch higher amounts as Landlord may from time to time reasonably require), any coverage in which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgageesmortgagees and Agent are named as additional parties insured, as additional insured their interests may appear. Tenant will maintain fire and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty extended coverage insurance (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coveragetheft and mysterious disappearance and sprinkler damage) in an amount equal at all times to the full replacement cost of all property, contractual liability coverageimprovement, completed operations coverage, broad form property damage endorsement fixtures and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made equipment in the Premises owned, leased or paid for by Tenant, irrespective of whether such property , improvement, fixtures or equipment are attached in any manner to the real estate; with Tenant as the party insured, and with a waiver by the insurance company of all its rights to subrogation against Landlord and Landlord’s agents and employees. During the course of any construction work by or on behalf of Tenant whether pursuant on or about the Premises, Tenant will provide and keep in force builders “all-risk” insurance with extended coverage in completed value, non-reporting form, and (if required by Landlord) performance bonds to ensure completion of such work. In addition, Tenant shall be responsible for obtaining and maintaining such other insurance coverages, limits and/or endorsements as Landlord or any mortgagee of the terms of Section 35Project may reasonably require from time to time. All such policies shall be primary and non-contributing with any coverage that Landlord may carry, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Sectionshall name Landlord (and/or Landlord’s mortgagees and/or managing agent, if such insurance would terminate requested) as loss payee or if Landlord has reason to believe such insurance is about to be terminated, Landlord as additional insured (as the case may at its option cause such insurance as it in its sole judgment deems necessary to be issuedbe), and in shall contain a long-form lender’s loss payable endorsement providing for Landlord to receive written notice at least thirty (30) days prior to any alteration or cancellation. Such insurance may be carried under a blanket policy or policies provided that the proceeds from such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent policies shall not be less than would have been available if the premiums for such insuranceinsurance had been obtained under separate or non-blanket policies had been obtained under separate or non-blanket policies.

Appears in 1 contract

Samples: Revolving Credit Agreement (First Potomac Realty Trust)

Tenant’s Insurance. Effective as of the earlier of: (1) the date Tenant enters or occupies the Premises; or (2) the Commencement Date, and continuing throughout the Term, Tenant shall keep in force at its own expense, so long as this Lease remains in effect, maintain the following insurance policies: (aA) commercial general liability insuranceinsurance in amounts of $3,000,000 per occurrence, which shall apply on a per location basis, or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord’s property management company and Invesco against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment with an additional insured endorsement in form CG 20 26 11 85; (B) Automobile Liability covering any owned, non-owned, leased, rented or borrowed vehicles of Tenant with limits no less than $3,000,000 combined single limit for property damage and bodily injury; (C) All Risk Property insurance against assumed or contractual liability under this Lease, with respect to covering the full value of all Alterations and improvements and betterments in the Premises, to afford protection with limitsnaming Landlord and Landlord’s Mortgagee (as defined in Section 12(a)) as additional loss payees as their interests may appear; (D) All Risk Property insurance covering the full value of all furniture, per person trade fixtures and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property (including property of Tenant or others) in the Premises and all improvements and installed or otherwise placed in the Premises Project by or on behalf of a Tenant whether pursuant Party (including Tenant’s Off-Premises Equipment) it being understood that no lack or inadequacy of insurance by Tenant shall in any event make Landlord subject to the terms any claim by virtue of Section 35, Section 10, any theft of or otherwise, loss or damage to any uninsured or inadequately insured property; (E) contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance to provide for only a reasonable deductible, is not already included in Tenant’s commercial general liability insurance policy); (cF) ifworker’s compensation insurance in amounts not less than statutorily required, and to the extent, required by law, workmen’s compensation or similar Employers’ Liability insurance offering statutory coverage and containing statutory limits, with limits of not less than Five Million Dollars (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, $3,000,000); (eG) business interruption insurance in an amount sufficient to that will reimburse Tenant for direct or indirect loss of earnings attributable to all perils insured against under Section 11(a)(2)(C) or attributable to the prevention of access to the Building or Premises; (H) in the Premises event Tenant performs any alterations or repairs in, on, or to the Premises, Builder’s Risk Insurance on an All Risk basis (including collapse) on a completed value (non-reporting) form, or by endorsement including such coverage pursuant to Section 11(a)(2)(C) hereinabove, for a period of at least twelve (12) months full replacement value covering all work incorporated in the Building and all materials and equipment in or about the Premises; and (fI) pollution such other insurance or any changes or endorsements to the insurance required herein, including increased limits of coverage, as Landlord, or any mortgagee or lessor of Landlord, may reasonably require from time to time. Tenant’s insurance shall provide primary coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall not require contribution by any insurance maintained by Landlord, when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carryover Tenant’s policy. Tenant shall deposit the policy or policies furnish to Landlord certificates of such insurance, with an additional insured endorsement in form CG 20 26 11 85, and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required insurance or certificates thereof with Landlord hereunder at least ten (10) days prior to the earlier of the Commencement DateDate or the date Tenant enters or occupies the Premises, which policies and at least fifteen (15) days prior to each renewal of said insurance, and Tenant shall name obtain a written obligation on the part of each insurance company to notify Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after least thirty (30) days’ written notice to Landlord days before cancellation or its designeesa material change of any such insurance policies. All such insurance policies of insurance shall be effective as in form, and issued by companies with a Best’s rating of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverageA:VII or better, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense reasonably satisfactory to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any other remedy available pursuant to this Lease or otherwise, may, but shall not be obligated to, obtain such insurance and Tenant shall pay to Landlord on demand the premium costs thereof, plus an administrative fee of fifteen percent (15%) of such cost. It is expressly understood and agreed that the foregoing minimum limits of insurance coverage shall not limit the liability of Tenant for its covenants made acts or omissions as provided in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insuranceLease.

Appears in 1 contract

Samples: Office Lease Agreement (Cancer Genetics, Inc)

Tenant’s Insurance. Tenant shall keep in force maintain at its own expense, so long as this Lease remains in effect, all times during the Term (a) "all risk" property insurance (including coverage for terrorism) covering all present and future Tenant's Property, Fixtures and Alterations to a limit of not less than the full replacement cost thereof, and (b) commercial general liability insurance, including insurance written on an "occurrence form," against assumed claims for bodily injury, personal injury and property damage in or contractual liability under this Leaseabout the Premises and the conduct or operation of business therein, with respect Landlord, the Managing Agent, Battery Park City Authority, Deutsche Bank Trust Company Americas, as Administrative Agent, together with its successors and assigns, and any future Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to the PremisesTenant, to afford protection as additional insureds, with limits, per person and for each occurrence, limits of not less than Two Million Dollars ($2,000,000), 10,000,000 combined single limit, with respect to limit for bodily injury and death property damage liability in any one occurrence and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to that will reimburse Tenant for direct or indirect loss of earnings and/or extra expense attributable to perils insured against in item (a) or attributable to prevention of access to the Premises or Building as a result of such perils and (d) boiler and machinery insurance, if there is a boiler, supplementary air conditioner or pressure object or similar equipment in the Premises for a period Premises, with Landlord, the Managing Agent, Battery Park City Authority, Deutsche Bank Trust Company Americas, as Administrative Agent, together with its successors and assigns, and any future Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to Tenant, as additional insureds, with limits of at least twelve not less than $5,000,000 and (12e) months when Alterations are in process, the insurance specified in Section 12.02 hereof and (f) pollution coverage any other form of insurance of not less than One Million Dollars ($1,000,000.00)that Landlord, the Managing Agent, Battery Park City Authority, Deutsche Bank Trust Company Americas, as Administrative Agent, together with its successors and assigns and any future Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to Tenant may reasonably require from time to time in form, amounts and for insurance risks acceptable to Landlord. Such policies shall Any insurance required to be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35this Lease may be maintained under blanket policies. Any such blanket policies shall contain an endorsement that includes Landlord and any additional insureds, Section 10, or otherwise. If Tenant fails shall reference the Premises and shall guaranty a minimum limit available for the Premises equal to comply with its covenants made the insurance amounts required in this Section, if Lease. The limits of such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event shall not limit the liability of Tenant. Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insurance.shall

Appears in 1 contract

Samples: Ninth Amendment of Lease and Extension Agreement (Dow Jones & Co Inc)

Tenant’s Insurance. Tenant shall keep agrees to maintain in full force at its own expensefrom the date upon which a Tenant first enters the Premises for any reason, throughout the Term, and thereafter, so long as this Lease remains Tenant is in effectoccupancy of any part of the Premises, (a) commercial a policy of comprehensive general liability insuranceinsurance under which Landlord and Tenant are named as insureds, including insurance against assumed or and under which the insurer provides a contractual liability under endorsement insuring against all cost, expense and liability arising out of or based upon any and all claims, accidents, injuries and damages described in Section 7.1, in -11- the broadest form of such coverage from time to time available. Each such policy shall be non-cancellable and non-amendable (to the extent that any proposed amendment reduces the limits or the scope of the insurance required in this Lease, ) with respect to Landlord without thirty (30) days prior notice to Landlord, and a duplicate original thereof shall be delivered to Landlord. As of the PremisesCommencement Date hereof, to afford protection with limits, per person and the minimum limits of liability of such insurance for each occurrence, of not less than Two year shall be Three Million Dollars ($2,000,0003,000,000.00) for combined bodily injury (or death) and damage to property (per occurrence), combined single limitand from time to time during the Term for such higher limits, if any, as are carried customarily in the Boston/Route 128 area with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property similar properties. At any time when Tenant is performing construction work in the Premises and all improvements and installed in the Premises by or on behalf of the Premises, Tenant whether pursuant shall carry builder's risk insurance satisfactory to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit provide Landlord with a certificate evidencing such coverage, which shall state that the coverage cannot be cancelled or amended without thirty days' prior notice to Landlord. Tenant at its cost shall maintain on all its personal property, tenant improvements and alterations in on or about the Premises a policy or policies of such required insurance or certificates thereof standard fire and extended coverage insurance, with Landlord prior vandalism and malicious mischief endorsements, to the Commencement Dateextent of their full replacement value. The proceeds for any such policy shall be used by Tenant for the replacement of personal property or the restoration of tenant improvements or alterations. Tenant shall deliver a certificate evidencing such coverage to Landlord, which policies shall name Landlord or its designee and, at state that the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall coverage may not be canceled except after amended or cancelled without at least thirty (30) days' prior written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insurance.

Appears in 1 contract

Samples: Lease Agreement (Transkaryotic Therapies Inc)

Tenant’s Insurance. All insurance required to be carried by Tenant hereunder shall keep be issued by responsible insurance companies acceptable to Landlord and Landlord's Lender and qualified to do business in force the State. Each policy, except the worker's compensation insurance policy, shall name Landlord, and at its own expenseLandlord's request any mortgagee of Landlord, so long as this Lease remains in effectan additional insured, as their respective interests may appear. Each policy shall contain (a) commercial a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance. A copy of each paid up policy (authenticated by the insurer) or certificate of the insurer evidencing the existence and amount of each 13 17 insurance policy required hereunder shall be delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days after any demand by Landlord therefor. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable except after twenty (20) days written notice to Landlord and Landlord's Lender. Tenant shall furnish Landlord with renewals or "binders" of any such policy at least ten (10) days prior to the expiration thereof. Tenant agrees that if Tenant does not take out and maintain such insurance, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge the Tenant the premiums together with a twenty-five (25%) handling charge, payable upon demand. Tenant shall have the right to provide such insurance coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the Premises, Landlord, Landlord's mortgagee and Tenant as required by this Lease. Beginning on the date Tenant is given access to the Premises for any purpose and continuing until expiration of the Term, Tenant shall procure, pay for and maintain in effect policies of casualty insurance covering (i) all Leasehold Improvements (including any alterations, additions or improvements as may be made by Tenant pursuant to the provisions of Article 16 hereof), and (ii) trade fixtures, merchandise and other personal property from time to time in, on or about the Premises, in an amount not less than one hundred percent (100%) of their actual replacement cost from time to time, providing protection against any peril included with the classification "Fire and Extended Coverage" together with insurance against sprinkler damage, vandalism and malicious mischief. The proceeds of such insurance shall be used for the repair or replacement of the property so insured. Upon termination of this Lease following a casualty as set forth herein, the proceeds under (i) above shall be paid to Landlord, and the proceeds under (ii) above shall be paid to Tenant. Beginning on the date Tenant is given access to the Premises for any purpose and continuing until expiration of the Term, Tenant shall procure, pay for and maintain in effect workers' compensation insurance as required by law and comprehensive general liability insurance, including and property damage insurance against assumed or contractual liability under this Lease, with respect to the construction of improvements on the Premises, to afford protection with limitsthe use, per person and for each occurrence, operation or condition of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf operations of Tenant whether pursuant to in, on or about the terms of Section 35Premises, Section 10, or otherwise, such insurance to provide providing personal injury and broad form property damage coverage for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limitlimit for bodily injury, with respect to personal injury and death and property damagedamage liability. Not less than every three (3) years during the Term, such Landlord and Tenant shall mutually agree to increases in all of Tenant's insurance policy limits for all insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance be carried by Tenant as set forth in form and amounts as required by lawthis Article. In the event Landlord and Tenant cannot mutually agree upon the amounts of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 hereinsaid increases, then Tenant agrees that it all insurance policy limits as set forth in this Article shall pay Landlord all of its insurance proceeds relating to improvements made be adjusted for increases in the Premises by or on behalf cost of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwiseliving. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insurance26.

Appears in 1 contract

Samples: Sse Telecom Inc

Tenant’s Insurance. Tenant shall Tenant, at its sole cost and expense, during the entire Term hereof, shall, commencing with the Commencement Date, procure, pay for and keep in full force at its own expense, so long as this Lease remains in and effect, : (ai) a commercial general liability insuranceinsurance policy (ISO form or equivalent), including insurance against assumed or contractual liability under this Lease, Lease with respect to the PremisesPremises and the operations of Tenant and any subtenants of Tenant in, on or about the Premises in which the limits with respect to afford protection with limits, per person personal liability and for each occurrence, of property damage shall not be less than Two Three Million Dollars ($2,000,000), combined single limit, 3,000,000) per occurrence on a location basis; (ii) umbrella liability insurance policy in an amount not less than Ten Million Dollars ($10,000,000.00) per occurrence and in the aggregate on terms consistent with respect to bodily injury and death and property damage, such the commercial general liability insurance to provide for only a reasonable deductiblepolicy required herein, (biii) all-all risk property insurance including theft and, if applicable, boiler and casualty insurance, including theftmachinery coverage, written at replacement cost value in an adequate amount to avoid coinsurance and with a full replacement cost endorsementendorsement insuring the Tenant’s trade fixtures, covering all equipment, merchandise and furnishings and any other items of personal property of Tenant and including the property of Tenant’s personal property customers located on or in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, Premises; (civ) if, and to the extent, workers’ compensation coverage as required by law; (v) with respect to alterations, workmenadditions or improvements and the like required or permitted to be made by Tenant hereunder, contingent liability and builder’s compensation risk insurance, in amounts reasonably satisfactory to Landlord; and (vi) such other insurance as from time to time may be required by city, county, state or similar Federal laws, codes, regulations or authorities or which Landlord’s Lender determines is reasonably necessary or appropriate under the circumstances. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance offering statutory coverage clause, waiver of subrogation, and containing statutory limits, (d) shall insure all plate and other interior glass inflation guard protection causing an increase in the Premises for and in the name of Landlord, (e) business interruption annual property insurance in an coverage amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for by a period of at least twelve (12) months and (f) pollution coverage insurance factor of not less than One Million Dollars ($1,000,000.00)the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such The policy or policies 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 limits of said insurance required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be canceled except after thirty carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. Tenant agrees that if Tenant does not take out and maintain such insurance, Landlord may, upon ten (3010) days’ days prior written notice to Landlord Tenant and Tenant’s failure to cure within such ten (10) day period, (but shall not be required to) procure said insurance on Tenant’s behalf and charge the Tenant the premiums payable as Additional Rent. Tenant shall not use the Premises, or its designees. All such policies of insurance shall be effective as of the date Tenant occupies allow the Premises to be used, for any purpose which may be prohibited by the form of fire insurance policy required to be carried under this Lease. Tenant shall pay any increase in premiums for casualty and shall fire (including all risk coverage) insurance that may be maintained in force at all times charged during the Term of this Lease and all other times during on the amount of such insurance which Tenant shall occupy may be carried by Landlord on the PremisesPremises resulting from Tenant’s particular use thereof (as opposed to office use generally) whether or not Landlord has consented thereto. In addition to the foregoing insurance coveragesuch event, Tenant shall require also pay any contractor retained by it to perform work additional premium on the Premises to insurance policy that Landlord may carry and maintain, at no expense to Landlord, during such times as contractor is working in for its protection against rent loss through fire or casualty. In determining whether increased premiums are the result of Tenant’s particular use of the Premises, a non-deductible (i) comprehensive general liability schedule, issued by the organization setting the insurance policyrate on the Premises, includingshowing the various components of such rate, shall be conclusive evidence of the several items and charges which make up the casualty and fire insurance rate on the Premises. Landlord shall deliver invoices for such additional premiums to Tenant at such times as Landlord may elect, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less in no event earlier than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductiblethe Rent Commencement Date, and (ii) workmen’s compensation insurance or similar insurance in form and amounts Tenant shall reimburse Landlord therefor as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insuranceAdditional Rent.

Appears in 1 contract

Samples: Lease (Diamond Resorts Parent, LLC)

Tenant’s Insurance. Tenant shall keep in force at its own expense, so long as this Lease remains in effect, (a) Tenant, at its sole cost and expense, shall, at all times, commencing with the date upon which the leased premises shall be made available for Tenant's Work, procure, pay for and keep in full force and effect: (i) a commercial general liability insurancepolicy (ISO form or equivalent), including insurance against assumed or contractual liability under this Lease, Lease with respect to the Premisesleased premises and the operations of Tenant and any subtenants of Tenant in, on or about the leased premises in which the limits with respect to afford protection personal liability and property damage shall be not less than Two Million Dollars ($2,000,000) per occurrence; (ii) all risk property insurance, including theft and, if applicable, boiler and machinery coverage, written at replacement cost value in an adequate amount to avoid coinsurance and a replacement cost endorsement insuring Tenant's merchandise, trade fixtures, furnishings, equipment and all items of personal property of Tenant and including property of Tenant's customers located or in the leased premises; (iii) workers' compensation coverage as required by law; (iv) with limitsrespect to alterations, per person improvements and the like required or permitted to be made by Tenant hereunder, contingent liability and builder's risk insurance, in amounts satisfactory to Landlord; (v) product liability coverage, including, without limitation (if this Lease covers leased premises in which food and/or beverages are sold and/or consumed), liquor liability coverage (if applicable to Tenant's business) and coverage for each occurrenceliability arising out of the consumption of food and/or alcoholic beverages on or obtained at the leased premises, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide ) per occurrence for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such ; (vi) the insurance to provide for no deductible, required under Exhibit B; and (iivii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it may from time to time be required by city, county, state or federal laws, codes, regulations or authorities, together with such other insurance as is reasonably necessary or appropriate under the circumstances. The minimum limits of coverage as set forth in its sole judgment deems necessary this paragraph may from time to time, at Landlord's option, be increased by nor more than ten percent (10%) per annum, on a cumulative basis, with such increase to occur not more often than once during each lease year during the term hereof. The deductibles under any of such insurance policies to be issued, and in such event carried by Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insuranceshall not exceed Five Thousand Dollars ($5,000).

Appears in 1 contract

Samples: Construction Agreement (Hart Industries Inc)

Tenant’s Insurance. Effective as of the earlier of: (1) the date Tenant enters or occupies the Premises; or (2) the Commencement Date, and continuing throughout the Term, Tenant shall keep in force at its own expense, so long as this Lease remains in effect, maintain the following insurance policies: (aA) commercial general liability insuranceinsurance in amounts of $5,000,000 per occurrence, which shall apply on a per location basis, or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord’s property management company and Onyx against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment with an additional insured endorsement in form CG 20 26 11 85 (or its equivalent); (B) Automobile Liability covering any owned, non-owned, leased, rented or borrowed vehicles of Tenant with limits no less than $5,000,000 combined single limit for property damage and bodily injury; (C) All Risk Property insurance against assumed or contractual liability under this Lease, with respect to covering the full value of all Alterations and improvements and betterments in the Premises, to afford protection with limitsnaming Landlord and Landlord’s Mortgagee (as defined in Section 12(a)) as additional loss payees as their interests may appear; (D) All Risk Property insurance covering the full value of all furniture, per person trade fixtures and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property (including property of Tenant or others) in the Premises and all improvements and installed or otherwise placed in the Premises Project by or on behalf of a Tenant whether pursuant Party (including Tenant’s Off-Premises Equipment) it being understood that no lack or inadequacy of insurance by Tenant shall in any event make Landlord subject to the terms any claim by virtue of Section 35, Section 10, any theft of or otherwise, loss or damage to any uninsured or inadequately insured property; (E) contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance to provide for only a reasonable deductible, is not already included in Tenant’s commercial general liability insurance policy); (cF) ifworker’s compensation insurance in amounts not less than statutorily required, and to the extent, required by law, workmen’s compensation or similar Employers’ Liability insurance offering statutory coverage and containing statutory limits, with limits of not less than Five Million Dollars (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, $5,000,000); (eG) business interruption insurance in an amount sufficient to that will reimburse Tenant for direct or indirect loss of earnings attributable to all perils insured against under Section 11(a)(2)(C) or attributable to the prevention of access to the Building or Premises; (H) in the Premises event Tenant performs any alterations or repairs in, on, or to the Premises, Builder’s Risk Insurance on an All Risk basis (including collapse) on a completed value (non-reporting) form, or by endorsement including such coverage pursuant to Section 11(a)(2)(C) hereinabove, for a period of at least twelve (12) months full replacement value covering all work incorporated in the Building and all materials and equipment in or about the Premises; and (fI) pollution such other insurance or any changes or endorsements to the insurance required herein, including increased limits of coverage, as Landlord, or any mortgagee or lessor of Landlord, may reasonably require from time to time. Requirements for $5,000,000 liability limits under the applicable policies set forth above may be satisfied through a combination of primary, umbrella and excess liability coverage. Tenant’s commercial general liability insurance shall provide primary coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall not require contribution by any insurance maintained by Landlord, when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carryover Tenant’s policy. Tenant shall deposit the policy or policies furnish to Landlord certificates of such insurance, with an additional insured endorsement in form CG 20 26 11 85 (or its equivalent), and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required insurance or certificates thereof with Landlord hereunder at least ten (10) days prior to the earlier of the Commencement DateDate or the date Tenant enters or occupies the Premises, which policies and at least fifteen (15) days prior to each renewal of said insurance, and Tenant shall name obtain a written obligation on the part of each insurance company to notify Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after least thirty (30) days’ written notice to Landlord days before cancellation or its designeesa material change of any such insurance policies. All such insurance policies of insurance shall be effective as in form, and issued by companies with a Best’s rating of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverageA:VII or better, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense reasonably satisfactory to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any other remedy available pursuant to this Lease or otherwise, may, but shall not be obligated to, obtain such insurance and Tenant shall pay to Landlord on demand the premium costs thereof, plus an administrative fee of five percent (5%) of such cost. It is expressly understood and agreed that the foregoing minimum limits of insurance coverage shall not limit the liability of Tenant for its covenants made acts or omissions as provided in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insuranceLease.

Appears in 1 contract

Samples: Office Lease Agreement (Kid Brands, Inc)

Tenant’s Insurance. Tenant shall keep in force at its own expense, so long as this Lease remains in effect, (a) commercial general liability insurance, including insurance against assumed or contractual liability under During the term of this Lease, Tenant shall ------------------ provide Landlord with evidence, in a form and amount reasonably acceptable to Landlord, of insurance coverage in effect with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, Demised Premises against such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for perils and in the name of such amounts as Landlord shall from time to time reasonably request in writing. All insurance policies provided and maintained by Tenant in compliance with Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). Such policies 's request shall be maintained issued in companies a form and in form by an insurer reasonably acceptable to Landlord and shall be written shall, in addition to Tenant, name as primary policy coverage additional insured, Landlord, Agent and not contributing withany other person or entity having an interest in the Building or land upon which it is situated whose name is furnished to Tenant by Landlord and, or in excess ofif applicable, any coverage which Landlord shall carrytheir respective constituent general partners and/or officers, directors and shareholders. All policies of insurance maintained by Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, require at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after least thirty (30) days’ days prior written notice to Landlord of termination, lapse of coverage or its designeesmaterial alteration; and waive, to the extent reasonably available, any right of recovery or subrogation against Landlord. All such policies of insurance shall be effective as of If requested by Landlord, Tenant shall, upon the date Tenant occupies the Premises and shall be maintained in force at all times during the Term Commencement Date of this Lease and all other times during which Tenant shall occupy the Premises. In addition thereafter within thirty- (30)- days prior to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during expiration of each such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement promptly deliver to Landlord certified copies or other evidence of such policies and contractor’s protective liability coverage, evidence satisfactory to afford protection with limits per person Landlord that all premiums have been paid and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance all policies are in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwiseeffect. If Tenant fails to comply with its covenants made secure or maintain any insurance coverage required by Landlord or should insurance secured not be approved by Landlord and such failure or approval not be corrected within forty-eight (48) hours after written notice from Landlord, Landlord may, in this SectionLandlord's sole discretion, if purchase such insurance would terminate coverage required at Tenant's expense and Tenant shall, immediately upon demand from Landlord, reimburse Landlord for any monies expended. Tenant shall indemnify and hold harmless Landlord from all loss, claim, demand, damage, liability, or if expense, including attorneys' fees, resulting from any injury to or death of any person or any loss of or damage to any property caused by or resulting from any act, omission, or negligence of Tenant or any officer, employee, agent, contractor, licensee, guest, invitee, or visitor of Tenant in or about the Demised Premises or the Building. The foregoing provision shall not be construed to make Tenant responsible for loss, damage, liability or expense resulting from injuries to third parties caused by any act, omission or negligence of Landlord has reason or of any officer, employee, agent contractor, invitee or visitor of Landlord. Landlord shall not be liable for any loss or damage to believe such insurance is about person, property or Tenant's business sustained by Tenant, or other persons, which may be caused by the Building or the Premises, or any appurtenances thereto, being out of repair or by the bursting or leakage of any water, gas, sewer, or steam pipe, or by theft, or by any act of neglect of any tenant or occupant of the Building, or of any other person, or by any other cause whatsoever, unless caused by the negligence of Landlord. Tenant shall indemnify and hold harmless and pay on behalf of Landlord all loss claims, demands, expenses and judgments against Landlord caused by or arising out of, directly or indirectly: (a) the performance of this agreement by Tenant, (b) the Tenant's occupancy or use of the Building or Demised Premises, (c) any business or operations of Tenant and (d) any matter or thing done, permitted or omitted to be terminateddone by Tenant, its agents, employees, contractors, licensees, or invitees, whether occasioned by negligence or otherwise. Tenant's agreement to hold harmless and pay on behalf of Landlord may at its option cause such insurance as it in its sole judgment deems necessary shall extend to be issuedall loss, claims, demands, and expenses by reason of improper or faulty erection or construction of facilities, trade fixtures, or equipment installed on or in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insurancePremises by Tenant.

Appears in 1 contract

Samples: Sonic Foundry Inc

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