Common use of Liability Insurance Clause in Contracts

Liability Insurance. Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.

Appears in 7 contracts

Samples: Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Holdings, Inc.)

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Liability Insurance. Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s 's compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s 's failure to maintain such insurance.

Appears in 6 contracts

Samples: Lease Agreement (Radiation Therapy Services Inc), Lease (Radiation Therapy Services Inc), Lease (Radiation Therapy Services Inc)

Liability Insurance. Tenant shall, At all times during the entire term hereofTerm, keep Tenant shall obtain at Tenant's sole cost and expense a policy or policies of comprehensive general liability insurance on an "occurrence" basis against claims for "personal injury" liability, including, without limitation, bodily injury, death or property damage liability. The liability insurance policy shall contain coverage limits no less than a combined single limit of $5,000,000 per occurrence. The insurance may be furnished under a "primary" policy and an "umbrella" policy or policies. Landlord shall be named as an additional insured under Tenant's policy and Tenant's policy shall contain an endorsement for cross-liability coverage. Tenant shall furnish Landlord with certificates from Tenant's insurers with respect to the insurance required to be carried hereunder on or before the date of execution of this Lease. The certificates shall state that such insurance is in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance that coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance be cancelled without first giving the Landlord twenty (20) days' prior written notice to Landlord. Renewal certificates shall be furnished to Landlord not less than thirty (30) days prior noticeto the expiration of each such policy. The Any blanket insurance policy or policies that insure Tenant against the risks and for the amounts herein specified shall be deemed to satisfy the obligation of Tenant hereunder, provided that any such policy of blanket insurance shall specify the amount of the total insurance allocated to the risks required to be in insured hereunder and such allocated amount meets the requirements of this Article 7. All insurance required by this Article 7 shall be with an insurance company licensed by to do business in the State of Florida California with a general policyholder's rating, as rated by the most current available "Bests" Insurance Reports, no less than A-III, and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force primary and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancenon-contributing.

Appears in 3 contracts

Samples: Lease (Cisco Systems Inc), Ground Lease (Cisco Systems Inc), Ground Lease (Cisco Systems Inc)

Liability Insurance. 22.1.2.1 Comprehensive General Liability Insurance insuring Tenant shallon the current ISO CG 00 01 occurrence form or any equivalent reasonably acceptable to Landlord against any liability arising out of the lease, during use, occupancy or maintenance of the entire term hereofPremises, keep the Building or the Project, or any portion of the foregoing. Such insurance: (i) shall be in full force and effect bodily injury and public liability insurance in an the amount of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) 2,000,000 per injury occurrence and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum aggregate, (ii) shall be endorsed to have the aggregate apply on a per location basis, (iii) shall cover injury to or death of one or more persons and damage to tangible property (including loss of use), and (iv) shall include blanket contractual liability, broad form damage, personal & advertising injury with a separate limit, products completed operations, with a separate aggregate, host liquor liability and owned and non-owned automobile coverage. The limits of liability can be provided in a combination of a Commercial General Liability policy and an Umbrella Liability policy. The policy shall not include any exclusions or limitations other than those incorporated in the standard form. Such liability amount permitted under Florida lawshall be adjusted from year to year to reflect increases, if any, consistent with increases charged by landlords of Comparable Buildings. Landlord may require such insurance coverage to be increased after The policy shall insure the first five years hazards of the term Premises and Tenant’s operations thereon, independent contractors, contractual liability (covering the Tenant’s indemnity obligations contained in Article 20 hereof) and shall: (i) name Landlord and any other persons designated by Landlord and having an insurable interest in the Premises or the Project as additional insureds using ISO additional insured endorsement CG 20 11 or an equivalent acceptable to Landlord, (ii) contain a cross liability provision, and (iii) contain a provision that the insurance provided to Landlord thereunder shall be primary and noncontributing with any other insurance available to Landlord. In addition to any insurance required of this LeaseTenant, provided that such increase Tenant shall not secure, pay for and maintain, or cause its contractors and sub-contractors to secure, pay for and maintain liability insurance during any construction of Tenant Improvements or Alterations (or other work in the required Premises) at a minimum equal to the limits of coverage to exceed those then commonly prevailing in the marketplace for similar situationsliability required by Tenant. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, Such contractors and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The sub-contractors insurance shall be in an insurance company licensed by the State of Florida on a primary and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancenon-contributory basis.

Appears in 3 contracts

Samples: Office Building Lease (Cirius Therapeutics, Inc.), Office Building Lease (Cirius Therapeutics, Inc.), Office Building Lease (Cirius Therapeutics, Inc.)

Liability Insurance. Tenant At all times during the Term, Sublessee shall, during the entire term hereofat its own cost and expense, provide and keep in full force for the benefit of Landlord, Sublessee and effect bodily injury and public Sublessor, comprehensive general liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentagainst claims for bodily injury, respectively; death or property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance occurring in, on or about the Subleased Premises, with limits as specified in the maximum amount permitted under Florida lawPrime Lease. Landlord may require such The insurance coverage to be increased after the first five years of the term of this Leaseprovided and kept in force hereunder by Sublessee shall include Sublessee, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and Sublessor and Landlord, as additional insureds. Said policy shall be obtained by Sublessee and certificates thereof delivered to Sublessor promptly after the signing of this Sublease. Said policy shall be for a period of not less than one year and shall contain a clause that provision whereby the insurer will same cannot cancel be materially changed or canceled unless Sublessor is given at least thirty (30) days’ written notice of such material change the or cancellation. Sublessee shall obtain and pay for renewals of such insurance without first giving the Landlord twenty from time to time at least thirty (2030) days prior noticebefore the expiration thereof, and Sublessee shall promptly deliver certificates thereof to Sublessor. The Any insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained provided by Tenant under Sublessee pursuant to this Lease, Landlord Sublease may procure same from be provided by blanket insurance carriers as Landlord may deem proper, irrespective covering the Subleased Premises and other properties of Sublessee upon condition that a lesser premium for (i) such blanket insurance coverage may have been obtained from another insurance carriercomplies with all of the other requirements of this Sublease and is acceptable to Sublessor and Landlord, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement (ii) certificates of such insurance by Landlord are delivered to Sublessor and Landlord. Sublessee shall not relieve Tenant of obtain and pay for insurance on its obligations under this Lease to maintain insurance coverage equipment, furnishings, furniture and other personal property in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceSubleased Premises.

Appears in 3 contracts

Samples: Prime Lease (ITT Corp), Prime Lease (Xylem Inc.), Master Lease Agreement (Xylem Inc.)

Liability Insurance. Tenant shall, during the entire term hereof, keep shall maintain in full force and effect ------------------- throughout the Term, commercial general liability insurance providing coverage on an occurrence form basis with limits of not less than Two Million Dollars ($2,000,000.00) each occurrence for bodily injury and public property damage combined, Two Million Dollars ($2,000,000.00) annual general aggregate, and Two Million Dollars ($2,000,000.00) products and completed operations annual aggregate. Tenant's liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS policy or policies shall: ($500,000i) / ONE MILLION DOLLARS ($1,000,000) per injury include premises and accidentoperations liability coverage, respectively; products and completed operations liability coverage, broad form property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in coverage including completed operations, blanket contractual liability coverage including, to the maximum amount permitted under Florida law. Landlord may require such insurance extent possible, coverage to be increased after for the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability indemnification obligations of Tenant under this Lease, and personal and advertising injury coverage; (ii) provide that the insurance company has the duty to defend all insureds under the policy; (iii) provide that defense costs are paid in addition to and do not deplete any of the policy limits; (iv) cover liabilities arising out of or incurred in connection with Tenant's use or occupancy of the Premises or the Property; (v) extend coverage to cover liability for the actions of Tenant's Representatives and Visitors; and (vi) designate separate limits for the Property. In Each policy of liability insurance required by this Section shall: (i) contain a cross liability endorsement or separation of insureds clause; (ii) provide that any waiver of subrogation rights or release prior to a loss does not void coverage; (iii) provide that it is primary to and not contributing with, any policy of insurance carried by Landlord covering the event same loss; (iv) provide that Tenant any failure to comply with the reporting provisions shall fail not affect coverage provided to obtain or maintain Landlord, its partners, property managers and Mortgagees; and (v) name Landlord, its partners, the Property Manager identified in full force the Basic Lease Information (the "Property Manager"), and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers such other parties in interest as Landlord may deem properfrom time to time reasonably designate to Tenant in writing, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand insureds. Such additional insureds shall be provided at least the same extent of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable as is provided to Tenant for any insufficiency or failure of coverage with regard to under such insurance or any loss to Tenant occasioned thereby, and additionally, policies. All endorsements effecting such additional insured status shall be at least as broad as additional insured endorsement form number CG 20 11 11 85 promulgated by the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceInsurance Services Office.

Appears in 3 contracts

Samples: Part of Lease Agreement (Talk City Inc), Lease Agreement (Blue Martini Software Inc), Lease Agreement (Trintech Group PLC)

Liability Insurance. Landlord and Tenant shallshall each maintain a policy or policies of commercial general liability insurance, with the premiums thereon fully paid on or before the due dates, issued by and binding upon a reputable insurance company qualified and licensed to do business in the State, with a current Best’s Rating of A or better (provided, that during any period that the entire term hereofrequired insurance coverage is not available on commercially reasonable terms from insurers with such a rating, keep in full force then Landlord or Tenant may utilize a company with a lower rating, so long as such company has a rating equal to the highest rating as among the insurers then making available the required insurance coverage on commercially reasonable terms). Such insurance shall be written on occurrence basis, and effect bodily injury and public liability insurance in an amount shall afford minimum coverage (which may be effected by primary and/or excess coverage) of not less than FIVE HUNDRED THOUSAND DOLLARS Five Million Dollars ($500,0005,000,000.00) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentfor bodily injury, respectively; death or property damage in any one (1) accident or occurrence. Notwithstanding anything to the contrary contained herein, so long as Tenant satisfies the Self-Insurance Net Worth Test, Tenant may elect to self-insure in lieu of meeting Tenant’s liability insurance requirements under this Section 6.5. If, and to the extent, Tenant does not, in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation whole or in part, carry insurance in that complies with the maximum amount permitted under Florida lawrequirements of this Section 6.5, then Tenant shall be deemed to have elected to self-insure to such extent. Either Landlord may require such insurance coverage or Tenant may, from time to be increased after time, request the first five years consent of the term other party to increase the aforementioned level of minimum coverage, and such other party shall not unreasonably withhold its consent thereto, so long as the requested increased level of minimum coverage is not in excess of the limits then generally maintained by similarly situated parties in Comparable Buildings. Notwithstanding the foregoing provisions of this LeaseSection 6.5, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlordif, and for so long as, Tenant as insuredhereunder is a Wachovia Party, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered ________________________________________________________________________________________________________________________ Tenant may elect to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting maintain the liability insurance required of Tenant under this LeaseSection 6.5 though policies issued by a captive insurance company that is wholly owned by Wachovia Corporation (whether or not such insurance company is licensed or rated as herein-above otherwise required). In the event that Tenant The policy shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained maintained by Tenant each party under this LeaseSection 6.5 hereof, Landlord (i) shall name the other party as an additional insured as its interest may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrierappear, and Tenant (ii) shall pay as additional rent, upon demand provide that no less than thirty (30) days prior written notice of Landlord, any and all premiums, costs, charges and expenses incurred cancellation or expended by Landlord in obtaining such insurancenon-renewal shall be given to the other party. Notwithstanding Each party shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage furnish the other with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement a certificate of such insurance by Landlord shall not relieve Tenant evidencing the foregoing insurance required of its obligations it under this Section 6.5 prior to (or upon execution of) this Lease to maintain insurance coverage in (which certificate shall indicate the types and amounts herein specifiedof such insurance, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancethe requirements of the preceding sentence).

Appears in 3 contracts

Samples: And Attornment Agreement (KBS Real Estate Investment Trust, Inc.), And Attornment Agreement (KBS Real Estate Investment Trust, Inc.), And Attornment Agreement (KBS Real Estate Investment Trust, Inc.)

Liability Insurance. Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida Arizona law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida Arizona and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.

Appears in 3 contracts

Samples: Lease (Radiation Therapy Services Holdings, Inc.), To Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Inc)

Liability Insurance. Tenant shallshall maintain one or more policies of commercial general liability insurance against claims for bodily injury or death and property damage occurring or resulting from any occurrence in or upon the Leased Property, during in standard form and with an insurance company or companies rated by the entire term hereofA.M. Best Company of Oldwick, keep in full force New Jersey as having a policyholder's rating of A or better and effect a reported financial information rating of X or better, such insurance to afford immediate protection, to the aggregate limit of not less than $10,000,000 combined single limit for bodily injury and public property damage in respect of any one accident or occurrence, with not more than $1,000,000 (or such other amount as Landlord and Tenant may agree upon in writing from time to time) self-insured retention. Such commercial general liability insurance shall include blanket contractual liability coverage which insures contractual liability under the indemnifications set forth in an this Lease (other than the indemnifications set forth in Paragraph 12 concerning environmental matters), but such coverage or the amount thereof shall in no way limit such indemnifications. The policy evidencing such insurance shall name as additional insureds Landlord and all Participants of which Tenant has been notified (including Landlord's Parent and the Participants). Tenant shall maintain with respect to each policy or agreement evidencing such commercial general liability insurance such endorsements as may be reasonably required by Landlord and shall at all times deliver and maintain with Landlord written confirmation (in form satisfactory to Landlord) with respect to such insurance from the applicable insurer or its authorized agent, which confirmation must provide that insurance coverage will not be canceled or reduced without at least ten (10) days notice to Landlord. Not less than FIVE HUNDRED THOUSAND DOLLARS five ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (205) days prior notice. The insurance shall be in an insurance company licensed by to the State expiration date of Florida and a copy of the each policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunderpursuant to this subparagraph, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold deliver to Landlord harmless from any loss a certificate evidencing a paid renewal policy or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.policies. (aa)

Appears in 3 contracts

Samples: Lease Agreement (3com Corp), Lease Agreement (3com Corp), Lease Agreement (3com Corp)

Liability Insurance. Tenant shall, During the Lease Term and during the entire term next three years thereafter, Lessee shall maintain (or cause to be maintained) at no expense to Lessor the following insurance, on a worldwide basis with no territorial restrictions, except as may be specifically consented to from time to time by Lessor, such consent not to be unreasonably withheld, with insurers of recognized responsibility approved by Lessor through nationally recognized aviation insurance brokers: comprehensive aviation liability insurance (including third party legal liability, public liability, passenger legal liability, personal injury liability, passenger's baggage and personal effects (checked and unchecked) liability, cargo legal liability, mail legal liability, premises liability, products/completed operations, hangarkeepers (ground and in-flight) liability and war risks liability (Lloyd's of London Clause AV.52 or its equivalent), insurance of the indemnification obligations set forth in Section 15 hereof, keep in full force and effect bodily injury and public property damage liability insurance with respect to the In-Use Aircraft in an amount not less than FIVE HUNDRED THOUSAND DOLLARS (that carried by Lessee on similar equipment owned or leased by Lessee, PROVIDED that such liability insurance shall in no event be less than $500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and 500,000,000 for any one accident, respectivelyor series of accidents arising out of any one event. Lessee shall not self-insure with respect to any public liability coverage with the exception of baggage, cargo and mail liabilities. Any policies of insurance carried in accordance with this Section 9(a) and any policies taken out in substitution or replacement for any of such policies shall: (1) name Lessor and its Affiliates and directors, officers, employees, servants and agents as an additional insured (each such Person an "ADDITIONAL INSURED"), as their respective interests may appear; property damage insurance (2) provide that in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years respect of the term interest of this Leaseeach Additional Insured in such policies, provided that such increase the insurance shall not cause the required limits be invalidated by any action or inaction of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, Lessee or any person, firms or corporations designated by Landlord, and Tenant as other insured, and shall contain a clause insure each Additional Insured regardless of any breach or violation of any warranty, declaration or condition contained in such policies by Lessee; (3) provide that if the insurer will not insurers cancel such insurance for any reason whatever, or if there is any substantial change in policy terms and conditions or coverage, such cancellation, lapse or change shall not be effective as to any Additional Insured until thirty days (seven days, or such other period as may from time to time be customarily obtainable in the industry, in the case of war risk and allied perils coverage) after receipt by such Additional Insured of written notice from such insurers of such cancellation, lapse or change; and (4) provide that no Additional Insured shall have any obligation or liability for premiums, commissions, assessments or calls in connection with such insurance. Each liability policy shall (i) be primary without right of contribution from any other insurance without first giving the Landlord twenty which is carried by any Additional Insured, (20ii) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy expressly provide that all of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall provisions thereof, except the limits of said insurance policies be considered liability, shall operate in the same manner as limiting if there were a separate policy covering any Additional Insured, and (iii) waive any right of the insurers to any subrogation, set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of Tenant under this Leaseany Additional Insured or Lessee to the extent of any moneys due to such Additional Insureds. In the event that Tenant shall fail case of the requisition for use of the In-Use Aircraft or any Serviced Engine by the Government, a valid agreement by the Government to obtain or maintain indemnify Lessee in full force and effect a manner satisfactory to Lessor against any of the risks which Lessee is required hereunder to insure against in an amount at least equal to the amount of insurance coverage required to be obtained by Tenant maintained for the Aircraft under this LeaseSection 9 from time to time shall, Landlord may procure same to the extent such indemnity from the Government complies with the requirements set forth in Section 7(g) hereof, be considered adequate insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, to the extent of the risks and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from that are the subject of any loss or damage incurred or suffered by Landlord from Tenant’s failure such agreement to maintain such insuranceindemnify.

Appears in 3 contracts

Samples: Aircraft Lease Agreement (Hawaiian Airlines Inc/Hi), Lease Agreement (Hawaiian Airlines Inc/Hi), Lease Agreement (Hawaiian Airlines Inc/Hi)

Liability Insurance. Tenant shall, during the entire term hereofat Tenant's expense, obtain, maintain and keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentforce, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years by advance payment of premiums, during the term of this Lease, provided that such increase shall not cause the required limits Lease a policy of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, comprehensive public liability and property damage insurance insuring Landlord and Tenant as insuredagainst any liability arising out of the ownership, use, occupancy or maintenance of the Leased Premises and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior noticeall areas appurtenant thereto. The Such insurance shall be in an insurance company licensed by the State amount of Florida not less than $1,000,000.00 for injury or death of one person in any one accident or occurrence and a copy in the amount of the policy not less than $1,000,000.00 for bodily injury or a certificate of death for more than one person in any one accident or occurrence. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least $250,000.00. Alternatively, limits shall be delivered to Landlord prior to the commencement not less than $1,000,000.00 bodily injury and property damage liability insurance combined single limit. The limit of the term of this Lease. In no event any such insurance shall the limits of said insurance policies be considered as limiting not, however, limit the liability of the Tenant under this Leasehereunder. In If the event that Tenant shall fail to obtain or procure and maintain in full force and effect any said insurance coverage required to be obtained by Tenant under this Lease, the Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrierthe same, and Tenant shall pay as additional rentbe obligated to reimburse Landlord for the cost thereof, upon demand within five days of receipt of the xxxx therefore. Insurance required hereunder shall be in companies rated A+ or better in "Best's Insurance Guide." Tenant shall deliver to Landlord, any prior to right of entry, certificates evidencing the existence and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining amounts of such insurance. Notwithstanding No policy shall procure be cancelable or subject to reduction of coverage or non-renewed without 30 days prior written notice being given to the Landlord. The insurance coverage required of provided by Tenant hereunder, shall specify that it is primary insurance and any insurance maintained by Landlord shall be in no manner excess and not contributory with Tenant's insurance. Landlord and Tenant agree that they shall not be liable to Tenant the other and hereby release the other for any insufficiency or failure of coverage with regard damage to such insurance or any the Leased Premises and to Tenant's improvements and to loss through business interruption and to loss to Tenant occasioned thereby, personal property from risks insured against under any insurance policies carried by the parties and additionally, in force at the procurement time of such insurance damage. This release shall apply only to the extent that such loss is covered by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and insurance. Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered also maintain worker's compensation insurance as required by Landlord from Tenant’s failure to maintain such insurancestate law.

Appears in 2 contracts

Samples: Lease Agreement (Biomira CORP), Security Agreement (Biomira Inc)

Liability Insurance. During the Lease Term, Tenant shallshall maintain a policy of commercial general liability insurance (sometimes known as broad form comprehensive general liability insurance) insuring Tenant against liability for bodily injury, during property damage (including loss of use of property) and personal injury arising out of the entire term hereofoperation, keep in full force use or occupancy of the Property. Landlord and effect bodily injury Landlord's agents, whose names shall be provided to Tenant by Landlord, shall be named as an additional insured under such policy. The initial amount of such insurance shall be Two Million and No/100 Dollars ($2,000,000.00) per occurrence and shall be subject to periodic increase based upon inflation, increased liability awards, recommendation of Landlord's professional insurance advisers and other relevant factors. The liability insurance obtained by Tenant under this Paragraph 4.04(a) shall (i) be primary and noncontributing; (ii) contain cross-liability endorsements; and (iii) insure Landlord against Xxxxxx's performance under Section 5.05 resulting from the negligence of Tenant. The amount and coverage of such insurance shall not limit Tenant's liability nor relieve Tenant of any other obligation under this Lease. Landlord may also obtain comprehensive public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentwith coverage determined by Landlord insuring Landlord against liability arising out of ownership, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years operation, use or occupancy of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situationsProperty. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types be contributory and amounts herein specified, and shall not provide primary insurance. Tenant shall nevertheless hold secure an appropriate clause in, or an endorsement upon, each insurance policy required by this Lease, pursuant to which the insurance company waives subrogation or permits the insured, prior to any loss, to agree with a third party to waive any claim it might have against said third party without invalidating the coverage under the insurance policy. Such waiver of subrogation or permission for waiver of any claim shall extend to the agents and employees of Landlord harmless from any loss or damage incurred or suffered by Landlord from and Tenant’s failure to maintain such insurance, respectively.

Appears in 2 contracts

Samples: Industrial Real Estate Lease (Gish Biomedical Inc), Trimedyne Inc

Liability Insurance. Tenant shallTenant, at Tenant's expense, agrees to keep in force during the entire term hereof, keep in full force and effect bodily injury and public Term of this Lease a policy of comprehensive general liability insurance for bodily injury, personal injury, and property damage (including loss of use of property) occurring in an or arising out of the use or occupancy of the Premises or the Complex including parking and landscaped areas in the amount not less than FIVE HUNDRED THOUSAND DOLLARS of Two Million Dollars ($500,000) / ONE MILLION DOLLARS ($1,000,0002,000,000) per injury occurrence and accidentshall be subject to periodic increase based upon inflation, respectively; property damage increased liability awards, recommendation of Landlord's professional insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); advisers and worker’s compensation other relevant factors. Such insurance in the maximum amount permitted under Florida lawshall be primary and non- contributing as respects any insurance carried by Landlord. Landlord may require The policy or policies effecting such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant Landlord as insuredan additional insured (Form CG 2011- 1/96), and shall contain a clause that insure any liability of Landlord, contingent or otherwise, as respects acts or omissions of Tenant, its agents, employees or invitees or otherwise by any conduct or transactions of any of said persons in or about or concerning the insurer will not cancel Premises or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance Complex including any failure of Tenant to observe or perform any of its obligations hereunder; shall be in issued by an insurance company licensed by admitted to transact business in the State of Florida California; and a copy shall provide that the insurance effected thereby shall not be canceled or reduced, except upon thirty (30) days' prior written notice to Landlord. Should any of the policy above policies be canceled before the expiration date thereof, the issuing company will mail (30) days written notice to the Certificate Holder. The phrases, "endeavor to" and "but failure to mail such notice shall impose no obligation or a liability of any kind upon the company, its agents or its representatives" are unacceptable. A certificate of insurance shall be delivered to Landlord prior to the commencement within ten (10) days after Tenant takes possession of the term Premises, Tenant shall provide Landlord with evidence of this Leaserenewal of insurance as appropriate within ten (10) days of the expiration of the underlying policy. In no event shall the limits of said insurance policies be considered as limiting the liability of If Tenant fails to deliver any policy, certificate or renewal to Landlord required under this Lease. In Lease within the event that Tenant shall fail to obtain prescribed time frame or maintain in full force and effect if any insurance coverage required to be obtained by Tenant under this Leasepolicy is canceled or modified during the Lease term without Landlord's consent, Landlord may procure same from insurance carriers as obtain such insurance, in which case Tenant shall reimburse Landlord may deem proper, irrespective that a lesser premium for the cost of such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand within fifteen (15) days after rcoeipt of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining a statement which indicates the cost of such insurance. Notwithstanding shall procure Lessee must place insurance coverage required with a company with a current A. M. Best's rating of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceless than A. VII.

Appears in 2 contracts

Samples: Lease Agreement (Telomolecular Corp), Lease Agreement (Telomolecular Corp)

Liability Insurance. Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS THREE MILLION ($500,0003,000,000.00) / ONE MILLION DOLLARS ($1,000,0001,000,000.00) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND MILLION DOLLARS ($100,0001,000,000.00); and worker’s 's compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s 's failure to maintain such insurance.

Appears in 2 contracts

Samples: Lease (Radiation Therapy Services Inc), Radiation Therapy Services Inc

Liability Insurance. Tenant shall, during the entire term hereof, shall obtain at its own expense and keep in full force and effect bodily injury and public during the Term, a policy of commercial general liability insurance (including, without limitation, insurance covering Tenant's contractual liability under this Lease), under which Tenant is named as the insured, and Landlord, Landlord's managing agent, the present and any future mortgagee of the Real Property or the Building and/or such other designees specified by Landlord from time to time, are named as additional insureds. Such policy shall contain a provision that no act or omission of Tenant shall affect or limit the obligation of the insurance company to pay the amount of any loss sustained. Such policy shall also contain a provision which provides the insurance company will not cancel or refuse to renew the policy, or change in any material way the nature or extent of the coverage provided by such policy, without first giving Landlord at least thirty (30) days written notice by certified mail, return receipt requested, which notice shall contain the policy number and the names of the insureds and policy holder. The minimum limits of liability shall be a combined single limit with respect to each occurrence in an amount of not less than FIVE HUNDRED THOUSAND DOLLARS $5,000,000 for injury ($500,000or death) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentdamage to property or such greater amount as Landlord may, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s from time to time, reasonably require. Tenant shall also maintain at its own expense during the Term a policy of workers' compensation insurance in providing statutory benefits for Tenant's employees and employer's liability. Tenant shall provide to Landlord upon execution of this Lease and at least thirty (30) days prior to the maximum amount permitted under Florida law. Landlord may require such termination of any existing policy, a certificate evidencing the effectiveness of the insurance coverage policies required to be increased after maintained hereunder which shall include the first five years named insured, additional insured, carrier, policy number, limits of liability, effective date, the name of the term insurance agent and its telephone number. Tenant shall provide Landlord with a complete copy of this Lease, provided any such policy upon written request of Landlord. Tenant shall have no right to obtain any of the insurance required hereunder pursuant to a blanket policy covering other properties unless the blanket policy contains an endorsement that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name names Landlord, any personLandlord's managing agent and/or designees specified by Landlord from time to time, firms or corporations designated by Landlordas additional insureds, references the Premises, and Tenant as insured, and guarantees a minimum limit available for the Premises equal to the amount of insurance required to be maintained hereunder. Each policy required hereunder shall contain a clause that the insurer will not cancel or change policy and the coverage evidenced thereby shall be primary with respect to any policies carried by Landlord, and that any coverage carried by Landlord shall be excess insurance. The limits of the insurance without first giving the Landlord twenty (20) days prior notice. The insurance required under this subsection shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting not limit the liability of Tenant under this Lease. All insurance required to be carried by Tenant pursuant to the terms of this 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, and rated in Best's Insurance Guide, or any successor thereto (or if there be none, an organization having a national reputation) as having a general policyholder rating of "A-" and a financial rating of at least "10". In the event that Tenant shall fail fails to obtain or continuously maintain in full force and effect any insurance coverage as required to be obtained by Tenant under this Leasesubsection, Landlord may procure same from insurance carriers as Landlord may deem propermay, irrespective that a lesser premium for at its option and without relieving Tenant of any obligation hereunder, order such insurance coverage may have been obtained from another insurance carrierand pay for the same at the expense of Tenant. In such event, and Tenant shall pay as additional rent, upon demand of repay the amount expended by Landlord, any and all premiumswith interest thereon at the rate set forth in subsection B of Article 19 hereof, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancepromptly following Landlord's written demand therefor.

Appears in 2 contracts

Samples: Agreement of Lease (Predictive Systems Inc), Agreement of Lease (Predictive Systems Inc)

Liability Insurance. Tenant shallshall maintain, from the Effective Date of this Lease and during the entire term hereofof this Lease and any extension thereof, keep in full force and effect bodily injury and a commercial general liability policy of public liability and property damage insurance in an amount insuring the Property against any and all claims for personal injury, including property damage in, on or about the Leased Premises with a combined single limit per occurrence of not less than FIVE HUNDRED THOUSAND DOLLARS Ten Million ($500,00010,000,000.00) / ONE MILLION DOLLARS Dollars, provided, however, if the premium for the liability insurance hereunder shall exceed six percent (6%) of the average total gross revenues of the last three ski seasons of Tenant, then Tenant shall maintain an amount of liability insurance which Five Hundred Thousand ($1,000,000500,000.00) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years Dollars of premium would purchase or 6% of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situationsgross revenues whichever is greater. The policy(s) Such policy shall name Landlord and Landlord's mortgagee, if any, (and any person, firms or corporations designated by Landlord, and Tenant Leasehold Mortgagee at its request) as additional insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty Landlord, Landlord's Mortgagee, or any Leasehold Mortgagee, thirty (2030) days prior written notice. The insurance deductible on the aforesaid policy shall be in an no less than Twenty-Five Thousand ($25,000.00) Dollars. The insurance company licensed by of Tenant shall be rated A or better on the State of Florida A. M. Best rating and shall be a copy of company doing business in Pennsylvania. The primary limit for the policy or a certificate of insurance shall be delivered One Million Dollars at all times. The excess limit shall be Nine Million Dollars. All policies shall be on an occurrence basis not on a claims made basis. All policies shall name Landlord or Landlord's Mortgagee as an additional insureds. All policies shall name any Planned Community, Homeowner's Association, Condominium Project or Condominium Association whose property is effected by this Lease or any easements, rights of way, roads, or utilities rights in favor of Tenant as additional insured. All changes in coverage, limits and/or carriers are to be approved by Landlord at least sixty (60) days prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancechange.

Appears in 2 contracts

Samples: Lease (Blue Ridge Real Estate Co), Lease (Blue Ridge Real Estate Co)

Liability Insurance. From the Effective Date through the Expiration Date, Tenant shallshall maintain a policy of commercial general liability insurance (sometimes known as broad form commercial general liability insurance) insuring Tenant against liability for bodily injury, during property damage (including loss of use of property) and personal injury arising out of the entire term hereofoperation, keep use or occupancy of the Premises and Project. Tenant shall name Landlord and upon notification by Landlord to Tenant, Landlord’s boards, directors, officers, employees, agents and subagents, and such other related parties as Landlord may request, individually and collectively, as additional insureds under such policy. Tenant shall also name any lender whose loan is secured by the Project. The initial amount of such insurance shall be Five Million Dollars ($5,000,000) per occurrence and shall be subject to commercially reasonable periodic increase based upon increases consistent with the increases required of other landlords of similar buildings, similar premises and similar tenants in full force the Southeast Valley Submarket. The liability insurance obtained by Tenant under this Section 4.4(a) shall (i) be primary and effect bodily injury non-contributing; (ii) contain cross-liability clauses; and (iii) insure Landlord against Tenant’s performance under Section 5.8, if the matters giving rise to the indemnity under Section 5.08 result from the negligence or other acts or failure to act where a duty to act exists on the part of Tenant and are covered by a standard CGL policy. The amount and coverage of such insurance shall not limit Tenant’s liability nor relieve Tenant of any other obligation under this Lease. Tenant shall be liable for payment of any deductible amount under Tenant’s insurance policies maintained pursuant to this Section 4.4. Landlord may also obtain commercial public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentwith coverage determined by Landlord insuring Landlord against liability arising out of ownership, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years operation, use or occupancy of the term Project but not in excess of this Lease, provided that such increase shall not cause the required policy limits or deductibles carried by landlords of coverage to exceed those then commonly prevailing in the marketplace for similar situationsComparable Buildings. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve be contributory and shall not provide primary insurance. Tenant of its obligations under this Lease shall also obtain such other insurance and in such amounts as may from time to maintain insurance coverage time be reasonably required by Landlord against other insurable hazards which at the time are customarily insured against in the types case of premises similarly situated in Maricopa County, Arizona, with due consideration for the height and amounts herein specifiedtype of building, its construction, use and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceoccupancy.

Appears in 2 contracts

Samples: Work Letter Agreement (Ziprecruiter, Inc.), Work Letter Agreement (Ziprecruiter, Inc.)

Liability Insurance. Tenant shallshall maintain, from the Effective Date of this Lease and during the entire term hereofof this Lease and any extension thereof, keep in full force and effect bodily injury and a commercial general liability policy of public liability and property damage insurance in an amount insuring the Property against any and all claims for personal injury, including property damage in, on or about the Leased Premises with a combined single limit per occurrence of not less than FIVE HUNDRED THOUSAND DOLLARS Ten Million ($500,00010,000,000.00) / ONE MILLION DOLLARS Dollars, provided, however, if the premium for the liability insurance hereunder shall exceed six percent (6%) of the average total gross revenues of the last three ski seasons of Tenant, then Tenant shall maintain an amount of liability insurance which Five Hundred Thousand ($1,000,000500,000.00) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years Dollars of premium would purchase or 6% of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situationsgross revenues whichever is greater. The policy(s) Such policy shall name Landlord and Landlord’s mortgagee, if any, (and any person, firms or corporations designated by Landlord, and Tenant Leasehold Mortgagee at its request) as additional insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty Landlord, Landlord’s Mortgagee, or any Leasehold Mortgagee, thirty (2030) days prior written notice. The insurance deductible on the aforesaid policy shall be in an no less than Twenty-Five Thousand ($25,000.00) Dollars. The insurance company licensed by of Tenant shall be rated A or better on the State of Florida A. M. Best rating and shall be a copy of company doing business in Pennsylvania. The primary limit for the policy or a certificate of insurance shall be delivered One Million Dollars at all times. The excess limit shall be Nine Million Dollars. All policies shall be on an occurrence basis not on a claims made basis. All policies shall name Landlord or Landlord’s Mortgagee as an additional insureds. All policies shall name any Planned Community, Homeowner’s Association, Condominium Project or Condominium Association whose property is effected by this Lease or any easements, rights of way, roads, or utilities rights in favor of Tenant as additional insured. All changes in coverage, limits and/or carriers are to be approved by Landlord at least sixty (60) days prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancechange.

Appears in 2 contracts

Samples: Lease (Peak Resorts Inc), Lease (Peak Resorts Inc)

Liability Insurance. Tenant shallshall obtain, during prior to entering onto the entire term hereofPremises, keep a standard “owner’s, landlord’s and tenant’s” insurance policy from a solvent insurance company authorized and licensed to issue such policies in full force the State of North Carolina, approved by Landlord, insuring against loss, damage or liability for injury to or death of persons and effect loss or damage to property occurring from any cause whatsoever in, upon or about the Premises which coverage shall include commercial liability coverage, and if Tenant serves or sells alcoholic beverages in or from the Premises, liquor liability coverage. Such liability insurance shall be in amounts of not less than One Million and NO/100—Dollars ($1,000,000.00) combined single limit for bodily injury and public liability insurance in an amount property damage with a per occurrence aggregate of not less than FIVE HUNDRED THOUSAND DOLLARS Two Million and NO/100—Dollars ($500,0002,000,000.00) / ONE MILLION DOLLARS and Two Hundred Fifty Thousand Dollars ($1,000,000250,000.00) per injury for damage to property. Tenant and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS Landlord shall be the named insureds ($100,000); and workerat Landlord’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, option any personother persons, firms or corporations designated by Landlord, Landlord shall be additional named insureds) and shall thereafter maintain such a policy of insurance in force until the termination of this Lease; and Tenant as insured, and shall furnish Landlord a copy of each such policy within fifteen (15) days after its issuance. Tenant shall pay all premiums coming due on said insurance. Landlord shall be named an insured in said policy although Tenants’ interest may also be insured in such policy when permissible. Each such policy shall contain a clause that an agreement by the insurer that it will not cancel or change terminate the insurance policy or reduce the limits or amounts of the policy without first giving the having given to Landlord twenty (20) days days’ written notice of its intention to do so. Tenant shall pay the initial premium on such insurance policy prior notice. The insurance shall be in an insurance company licensed by to or upon the State of Florida and a copy commencement of the policy or a certificate term of insurance this Lease and shall be delivered deliver to Landlord prior to a written receipt showing payment of the premium thereon within fifteen (15) days after the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall thereafter pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable premiums necessary to Tenant for any insufficiency or failure of coverage with regard to keep such insurance or any loss to Tenant occasioned thereby, in force and additionally, shall furnish Landlord a written receipt showing payment thereof within fifteen (15) days after the procurement of such insurance by Landlord same shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancehave become due.

Appears in 2 contracts

Samples: Ground Lease Agreement, Ground Lease Agreement (Oak Ridge Financial Services, Inc.)

Liability Insurance. Tenant shall at all times during the term hereof and at its own cost and expense procure and continue in force Worker’s Compensation Insurance and Bodily Injury Liability and Properly Damage Liability Insurance adequate to protect Landlord and naming Landlord as an additional named insured under the liability policy against liability, injury, or death of any person in connection with the use, operation, or condition of the Leased Premises. Such insurance shall be in an amount of not less than $2,000,000 per occurrence and not less than $2,000,000 in the aggregate, for bodily injury and property damage. The limits of such insurance shall not limit the liability of Tenant. Said insurance shall have a Landlord’s Protective Liability Endorsement attached thereto. All insurance required hereunder shall be with companies rated at B+ or better in Best’s Insurance Guide. Tenant shall deliver to Landlord certificates of insurance evidencing the existence and amounts of such insurance with loss payable clauses satisfactory to Landlord, provided that in the event Tenant fails to procure and maintain such insurance, Landlord may (but shall not be required to) procure same at Tenant’s expense after ten (10) days prior written notice. No such policy shall be cancelable or subject to reduction of coverage or other modification except after thirty (30) days prior written notice to Landlord by the insurer. Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord within twenty (20) days prior notice. The to the expiration of such policies furnish Landlord with renewals or binders, or Landlord may order such insurance and charge the cost to Tenant, which amount shall be in an insurance company licensed payable by the State of Florida and a copy of the policy or a certificate of insurance Tenant upon demand. All such policies shall be delivered to written as primary policies, not contributing with and not in excess of coverage which Landlord prior to the commencement of the term of this Leasemay have. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail have the right to obtain or maintain in full force and effect any provide such insurance coverage required pursuant to be blanket policies obtained by Tenant under this Leaseprovided such blanket policies expressly afford coverage to the Leased Premises, Landlord may procure same from insurance carriers as Landlord may deem properthe Project, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrierLandlord, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended required by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceLease.

Appears in 2 contracts

Samples: Industrial Lease, Industrial Lease (Sunpower Corp)

Liability Insurance. Tenant shallLessee, at its sole cost and expense, shall maintain during the entire term hereof, keep in full force and effect bodily injury and public hereof comprehensive (commercial) general liability insurance on an "occurrence basis" against claims for "personal injury", including without limitation bodily injury, death and/or damage, occurring upon, in an amount or about the Premises in a combined single limit or not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) 1,000,000 per injury occurrence and accident, respectively; property damage insurance in an amount not with policy aggregate limit of no less than ONE HUNDRED THOUSAND DOLLARS $2,000,000 (or such higher amounts thereof as may be reasonably requested by Lessor not to exceed a policy aggregate limit of $100,0005,000,000 from time to time during this Lease). Said insurance shall name Lessor as an additional insured; shall be written by companies and in form satisfactory to Lessor (which companies shall be authorized to do business in California); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage shall apply primary to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, other comparable liability coverage; and shall contain a clause that an endorsement requiring thirty (30) days' prior written notice sent by certified or registered mail, return receipt requested, to Lessor at the address set forth below, or such other address as may be provided to any such insurer will not cancel by Lessor, before cancellation thereof or change in the coverage, scope or amount of such policy or policies. Lessee shall provide Lessor with a Certificate of Insurance as evidence of such insurance without first giving the Landlord within twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate date of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail Lessee fails to obtain or maintain such insurance as provided in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord Lessor may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for obtain any such insurance coverage may have been obtained from another insurance carrierinsurance, and Tenant the cost thereof shall pay be paid by Lessee as additional rent, upon demand rent with the first payment of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining rent which is due subsequent to Lessor's incurring such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned therebycost, and additionally, Lessor shall have all remedies to collect the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage same as rent in the types Lease provided, and/or as otherwise provided by law for the collection of rent. The policy shall contain "cross-liability" or "separation of insureds" coverage and amounts herein specifiedshall insure performance by Lessee of the indemnity provisions of this Paragraph 8. The limits of said insurance shall not, and Tenant however, limit the liability of Lessee hereunder. In the event that the Premises constitutes a part of a larger property, said insurance shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancehave a Lessor's Protective Liability endorsement attached thereto.

Appears in 2 contracts

Samples: Digital Domain, Digital Domain

Liability Insurance. Tenant shallTenant, at Tenant’s expense, agrees to keep in force during the entire term hereof, keep in full force and effect Term of this Lease a policy of commercial general liability insurance with combined single limit coverage of not less than Two Million Dollars ($2,000,000) per occurrence for bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage occurring in, on or about the Premises, including parking and landscaped areas. Such insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); shall be primary and worker’s compensation noncontributory as respects any insurance in the maximum amount permitted under Florida lawcarried by Landlord. Landlord may require The policy or policies affecting such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, Xxxxxxx X. Xxxxx, as Trustee of the Xxxxxxx X. Xxxxx Separate Property Trust dated July 20,1977, as amended; the Xxxxxxx X. Xxxxx Separate Property Trust; Xxxxxxx X. Xxxxx as an individual; Xxxx Xxxxxxxxx, as Trustee under the Xxxx Xxxxxxxxx Survivor’s Trust dated July 20, 1977, as amended; the Xxxx Xxxxxxxxx Survivor’s Trust; Xxxx Xxxxxxxxx, as an individual; and any personbeneficiaries, firms trustees and successor trustees, other partners or corporations designated by Landlord, and Tenant co-venturers of Landlord or said trusts as insuredadditional insureds (collectively “Landlord Entities”), and shall contain a clause insure any liability of the Landlord Entities, contingent or otherwise, as respects acts or omissions of Tenant, its agents, employees or invitees or otherwise by any conduct or transactions of any of said persons in or about or concerning the Premises, including any failure of Tenant to observe or perform any of its obligations hereunder; shall be issued by an insurance company admitted to transact business in the State of California; and shall provide that the insurer will insurance effected thereby shall not cancel or change the insurance without first giving the Landlord twenty be canceled, except upon thirty (2030) days days’ prior noticewritten notice to Landlord. The Tenant’s insurance shall be primary as respects to the Landlord Entities, or if excess, shall stand in an unbroken chain of coverage. In either event, any other insurance company licensed maintained by the State Landlord Entities shall be in excess of Florida Tenant’s insurance and a copy of the policy or shall not be called upon to contribute with any insurance required to be provided by Tenant. The required insurance shall be reflected on a certificate of insurance of said policy, which certificate shall be delivered to Landlord prior concurrently with Tenant’s return of this executed Lease to Landlord. If, during the commencement of the term Term of this Lease. In no event shall , in the limits of said insurance policies be reasonable considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand opinion of Landlord’s Lender, any and all premiumsinsurance advisor, costsor counsel, charges and expenses incurred or expended by Landlord the amount of insurance described in obtaining such insurance. Notwithstanding shall procure insurance this Paragraph 15 is not adequate, Tenant agrees to increase said coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such reasonable amount as Landlord’s Lender, insurance advisor, or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord counsel shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancedeem adequate.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Ruckus Wireless Inc)

Liability Insurance. Tenant shall, at its sole cost and expense shall maintain during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this LeaseLease public liability, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlordproperty damage and products and completed operations liability insurance, any personinsuring Tenant and Tenant's employees and authorized representatives against all bodily injury, firms or corporations designated by Landlordproperty damage, personal injury, and Tenant other loss or liability connected with Tenant's maintenance, occupation and use 6 of the Premises under this Lease in amounts not less than $1,000,000.00 per occurrence, $2,000,000.00 annual aggregate bodily injury and property damage combined single limit as insured, a result of any accident or incident. Both public liability insurance and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The property damage insurance shall be in an insurance company licensed insure performance by the State of Florida and a copy Tenant of the policy or a certificate indemnity provision of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall sub-paragraph (e) below, but the limits of said such insurance policies be considered as limiting shall not, however, limit the liability of Tenant under this Leasehereunder. Both Landlord and Tenant shall be named as additional insureds, and the policies shall contain cross-liability endorsements. If Tenant shall fail to procure and maintain such insurance the Landlord may, but shall not be required to, procure and maintain same at the expense of Tenant and the cost thereof, together with interest thereon at the rate of ten (10%) percent per annum, shall become due and payable as additional rental to Landlord together with Tenant's next rental installment. Tenant shall deliver copies of said policies to Landlord within ten (10) days of their issuance, and shall not cancel or modify same without first providing thirty (30) days notice to Landlord. In the event that Tenant shall fail to obtain Landlord determines, in Landlord's reasonable judgement, that the limits of public liability, property damage, or maintain in full force and effect any products liability insurance coverage required to be obtained then carried by Tenant under this Leaseare materially less than the amount or type of insurance typically carried by owners or tenants of properties located in the same county in which the Premises are located, which are similar to and operated for similar business purposes a the Premises, Landlord may procure same from insurance carriers as elect to require Tenant to increase the amount of specific coverage, change the type of policy carried, or both. If Landlord may deem properso elects, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand be notified in writing of the specific change in policy amount or type required and shall have 30 days after the date of Landlord's notice to effect the change in amount or type of policy. Unless otherwise agreed by Landlord and Tenant, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations adjustment under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancesection may be made not more than every year.

Appears in 2 contracts

Samples: Easyriders Inc, Easyriders Inc

Liability Insurance. Tenant shall, during the entire term hereofat its own cost and expense, keep and maintain in full force and effect bodily injury and public during the Lease Term, a policy of comprehensive/commercial general liability insurance in an amount insuring Tenant’s activities with respect to the Leased Premises, Bank of America Building and Bellevue Place against loss, damage or liability for personal injury or death or loss or damage to property with a limit of not less than FIVE HUNDRED THOUSAND DOLLARS Two Million Dollars ($500,0002,000,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentcombined single limit for policies without a general aggregate limit. For policies with a general aggregate limit, respectively; property damage insurance in an amount such aggregate limit shall be not less than ONE HUNDRED THOUSAND DOLLARS Two Million Dollars ($100,0002,000,000) and include an endorsement providing that the foregoing limit shall apply per location, including the Leased Premises, and have an occurrence limit not less than Two Million Dollars ($2,000,000); and worker. In the event Tenant obtains a policy with a general aggregate limit, Tenant shall immediately notify Landlord if claims covered by such policy or policies at any time are made against Tenant which claims exceed fifty percent (50%) or more of the aggregate limit. Notwithstanding the foregoing, if during the Lease Term, in Landlord’s compensation insurance in reasonable judgment, the maximum amount permitted under Florida law. policy limits required hereunder are no longer adequate to provide reasonable protection to Landlord, Landlord may require notify Tenant of such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits inadequacy and an appropriate level of coverage and Tenant, within thirty (30) days of receiving such a notice, shall obtain such additional amounts of insurance and provide Landlord with satisfactory evidence thereof. Reference may be made to exceed those then commonly prevailing in the marketplace policy amounts required by other landlords for similar situationsspace and operations in determining what is reasonable protection hereunder. The policy(s) insurance required under this Section shall name be with companies rated A-VII or better in Best’s Insurance Guide. Landlord, Xxxxxx Development Company, and any person, firms or corporations other parties in interest designated by Landlord, and Tenant shall be named as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior noticeadditional insureds. The insurance policy shall be in bear an insurance company licensed by the State of Florida and a copy of endorsement that the policy shall not be cancelled or a certificate the policy limits reduced by endorsement below the coverage required by this Lease for any reason other than nonpayment of insurance shall be delivered premiums except upon forty-five (45) days’ prior written notice to Landlord and only after ten (10) days’ prior written notice for non-payment of premiums. Tenant shall deliver to Landlord upon the commencement Commencement Date and from time to time thereafter as requested by Landlord copies of all policies of such insurance or certificates thereof, including applicable endorsements, showing Landlord as an additional insured and the term of this Leaseapplicable policy limits thereof. In no event shall the limits of said insurance such policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.

Appears in 2 contracts

Samples: First Lease Addendum (Smartsheet Inc), Office Lease Exhibits (Smartsheet Inc)

Liability Insurance. Tenant shall, during the entire term hereofat Tenant's expense, obtain and keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of during the term of this Lease, provided that such increase shall not cause the required limits Lease a policy of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(scommercial general liability insurance insuring Landlord (as an additional insured) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insuredagainst claims and liabilities arising out of the operation, and maintenance, use, or occupancy of the Premises. Such insurance shall provide combined single limit coverage of not less than Three Million Dollars ($3,000,000.00) per occurrence. Such liability insurance shall contain a clause that contractual liability endorsement. Landlord shall have the insurer will not cancel or change right to require Tenant to increase the amount of coverage of such commercial general liability insurance without first giving to the extent reasonably necessary to bring such insurance coverage into conformity with the level of coverage commonly carried by similar businesses in California, which right Landlord twenty may exercise no more frequently than once every three (203) days prior noticeyears during the lease term. The insurance shall be in an insurance company licensed provided by companies with a Best's Insurance Guide rating of at least A- VIII or higher. Tenant shall deliver to Landlord, prior to possession, and at least thirty (30) days prior to the State of Florida and a copy of the policy or expiration thereof, a certificate of insurance evidencing the existence of the policy required hereunder and such certificate shall certify that the policy (1) names Landlord as an additional insured, (2) shall not be canceled without thirty (30) days prior written notice to Landlord, (3) insures contractual liability, (4) the coverage is primary and any coverage by Landlord is in excess thereto and (5) contains a cross-liability endorsement. The preceding to the contrary notwithstanding, Landlord agrees that the original Tenant hereunder, Cisco Systems, Inc., may "self insure" against the claims, liabilities, damages, injuries and losses described in Subparagraph 10(b) above so long as Cisco Systems, Inc. has a net worth of not less than Five Hundred Million Dollars ($500,000,000), and the parties hereto agree that such self-insurance shall be delivered primary. The right to Landlord prior so self insure shall apply only to the commencement original Tenant hereunder and shall not apply to any assignee of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Leasesuch original Tenant. In the event the premiums for Landlord's liability insurance are increased by reason of Tenant's self-insurance (whether because of the parties' agreement that the original Tenant hereunder may self-insure or because of claims made or defense undertaken or proceeds paid under Landlord's liability policy which would not have otherwise occurred if Tenant had maintained a policy of liability insurance in accordance with the provisions of Subparagraph 10(b) above), Tenant agrees to pay promptly following demand and receipt of a statement of such increase, but in no event later than fifteen days after such demand and as Additional Rent, the amount of any such increase. The provisions of the immediately preceding sentence shall fail survive termination of this Lease with respect to obtain any increase in Landlord's insurance premiums attributable to Tenant's self-insurance. Landlord shall maintain a policy or maintain in full force policies of comprehensive general liability insurance insuring Landlord (and effect any insurance such others as are designated by Landlord), against liability for personal injury, bodily injury, death and damage to property occurring or resulting from an occurrence in, on or about the Premises and the Common Areas, with such limits of coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem properfrom time to time determine are reasonably necessary for its protection. Tenant shall, irrespective that a lesser premium as Additional Rent, reimburse Landlord for the cost of any such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand policy within thirty (30) days after receipt of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancebilling.

Appears in 2 contracts

Samples: Lease Agreement (Cisco Systems Inc), Lease Agreement (Cisco Systems Inc)

Liability Insurance. Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount Commercial General Liability (CGL) with a limit not less than FIVE HUNDRED THOUSAND DOLLARS three hundred million dollars $300,000,000 each occurrence, three hundred million dollars ($500,000300,000,000) / ONE MILLION DOLLARS ($1,000,000) per injury products and accidentcompleted operations aggregate, respectively; property damage insurance in an amount and a general aggregate limit of not less than ONE HUNDRED THOUSAND DOLLARS three hundred million dollars ($100,000); 300,000,000) providing coverage for bodily injury, property damage, and worker’s compensation personal injury through any combination of primary and excess or umbrella liability insurance in policies with one reinstatement general aggregate limit for the maximum amount permitted under Florida lawperiod of the policy(ies) term. Landlord may require such Such policies must be project-specific with dedicated limits to this to the PROJECT. The CGL insurance must be written on an ISO occurrence form CG 00 01 04 13 or substitute forms providing equivalent coverage. All excess or umbrella policies shall be “follow form” and afford no less coverage than the primary policy. Such CGL shall cover the INDEMNIFIED PARTIES as additional insureds using ISO Additional Insured Endorsement CG 20 26 (or 20 10 accompanied by 20 37 or equivalent forms providing coverage to the additional insured for completed operation losses). Coverage shall be increased after provided to the first five years INDEMNIFIED PARTIES for CLAIMS proximately caused by reason of the term uses authorized by this LEASE and the location and placement of this LeaseRAIL IMPROVEMENTS within the PROPERTY by the associated ENCROACHMENT PERMITS FOR CONSTRUCTION, provided that such increase unless caused by an INDEMNFIED PARTY’s sole or active negligence or willful misconduct. The policy or policies shall not cause be endorsed to remove exclusions pertaining to any railroads. There shall be no endorsement or modification of the required limits CGL limiting the scope of coverage for liability assumed under an insured contract. Completed operations coverage shall extend for as long as there is any exposure to exceed those then commonly prevailing in liability under a statute of repose or any other applicable statute of limitations. If completed operations coverage through the marketplace end of statutory exposure is not commercially available, completed operations coverage shall extend for similar situationsat least ten (10) years from the completion date of the PROJECT. The policy(s) shall name Landlord, any person, firms All excess or corporations designated by Landlord, and Tenant as insured, and umbrella policies shall contain a drop-down clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force of exhaustion of primary limits and effect any insurance provide coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceprimary CGL.

Appears in 2 contracts

Samples: Design and Construction Agreement, Design and Construction Agreement

Liability Insurance. (a) Tenant shall, during the entire term hereof, shall obtain and keep in full force and effect bodily injury (i) an “all risk” insurance policy for all improvements made by Tenant to the Premises (including, without limitation, Tenant’s Work) and public Tenant’s property at the Premises, and (ii) a policy of commercial general liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in on an amount not less than ONE HUNDRED THOUSAND DOLLARS occurrence basis, with a broad form contractual liability endorsement. Such policies shall provide that Tenant is named as the insured. Landlord, Landlord’s managing agent and any mortgagees ($100,000); and worker’s compensation whose names shall have been furnished to Tenant by Landlord) shall be named as additional insured, as their respective interests may appear with respect to the insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage required to be increased after carried pursuant to clause (i) above, and to the first five years extent of the term of this Lease, provided that such increase named insured’s negligence with respect to the insurance required to be carried pursuant to clause (ii) above. Such policy with respect to clause (ii) above shall not cause include a provision under which the required limits of coverage insurer agrees to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name indemnify and hold Landlord, any personLandlord’s managing agent, firms or corporations designated by Landlord’s agent and such lessors and mortgagees harmless from and against, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered subject to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability set forth in this Article 13(a), all cost, expense and liability arising out of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlordbased upon, any and all premiumsclaims, costsaccidents, charges injuries and expenses incurred damages mentioned in Article 38(c) hereof. In addition, the policy required to be carried pursuant to clause (ii) above shall contain a provision that (a) no act or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required omission of Tenant hereundershall affect or limit the obligation of the insurer to pay the amount of any covered loss sustained, and (b) the policy shall provide that Landlord shall receive at least thirty (30) days’ written notice of any-cancellation thereof. The policy required pursuant to this Article 13 shall be for a combined single limit with respect to each occurrence in no manner an amount of $1,000,000 (and a minimum umbrella limit of $5,000,000) for injury (or death) to personal and damage to property, which amount may be liable increased (not more frequently than one (1) time in every three (3) years) to that amount of insurance which in Landlord’s reasonable judgment is then being customarily required by prudent landlords of first class demised premises in New Haven County of tenants having substantially similar office or ancillary uses to those of Tenant. All insurance required to be carried by Tenant for pursuant to the terms of this Lease shall be effected under valid and enforceable policies issued by reputable and independent insurers licensed to do business in the State of Connecticut, and rated in Best’s Insurance Guide, or any insufficiency successor thereto (or if there be none, an organization having a national reputation) as having a general policy holder rating of “A” and a financial rating of at least “XIII”. No failure on Tenant’s part to maintain any of coverage with regard the insurance required pursuant to this Article 13 shall vitiate Tenant’s liability to indemnify Landlord and all other parties named herein as additional insureds from and against all claims, damages, loss, liability and expense which would otherwise have been covered by such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancecoverage.

Appears in 2 contracts

Samples: Lease (Surgiquest Inc), Lease (Surgiquest Inc)

Liability Insurance. Tenant shallIn addition to and independent of all other provisions of this Lease, Lessee shall take out and keep in force during the entire term hereof, keep in full force at Lessee’s sole cost and effect bodily injury and expense, a policy of comprehensive public liability insurance to protect against any liability to the public incident to the use of or resulting from any accident occurring in an amount or about the premises, the liability under such insurance to be not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS (5,000,000.00 for any one person injured, of $1,000,000) per injury and 5,000,000.00 for any one accident, respectively; or $1,000,000.00 for property damage. All public liability insurance and property damage insurance in an amount not shall insure performance by Lessee of the indemnity provisions of paragraph 22. Both parties hereto shall be named as coinsureds, and the policy shall contain cross-liability endorsements. Not than less than ONE HUNDRED THOUSAND DOLLARS that fifteen ($100,000); and worker’s compensation insurance in 15) days prior to the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years date of commencement of the term of this Lease, provided that such increase Lessee shall not cause secure and deliver to Lessor a certificate of said insurance together with a receipt for the required limits payment of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, premium thereof and Tenant as insured, and shall contain a clause that written undertaking on the insurer will not cancel or change part of the insurance without first giving carrier to notify Lessor in writing at least thirty (30) days prior to any cancellation thereof. Certificates for such insurance shall be deposited by Lessee with Lessor on renewal of the Landlord policy, not less than twenty (20) days before expiration of the term of the prior noticepolicy. The Lessee agrees, if Lessee does not keep such insurance in full force and effect, that Lessor may take out the necessary insurance and pay the premium therefor. Repayment of said premium shall be in an insurance company licensed by the State of Florida and deemed to be a copy part of the policy rental and payable as such on the next day upon which rent becomes due. This Lease is made upon the express condition that Lessor is to be free from all liability and claim for damages by reason of any injury to any person or a certificate persons, including Lessee, or property of insurance shall be delivered any kind whatsoever and to Landlord prior to whomever belonging, including Lessee, from any cause or causes whatsoever, while in, upon or anyway connected with the commencement of premises during the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss extension thereof, or any occupancy thereunder, Lessee hereby covenanting and agreeing to Tenant occasioned therebyindemnify and save harmless Lessor from all liability, loss, cost and additionally, the procurement obligation on account of such insurance by Landlord shall not relieve Tenant or arising out of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss injuries or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancelosses howsoever occurring.

Appears in 2 contracts

Samples: Lease Agreement (Alpha Teknova, Inc.), Lease Agreement (Alpha Teknova, Inc.)

Liability Insurance. The Tenant shall, during the entire term hereof, keep agrees to maintain in full force from the date upon which the Tenant first enters the Premises for any reason, throughout the Term, and effect bodily injury and public thereafter, so long as the Tenant is in occupancy of any part of the Premises, by a program of self-insurance acceptable to Landlord, or by a policy of commercial general liability insurance under which the Landlord (and the Building’s managing agent, any ground lessor and any holder of a first mortgage on the Property of whom the Tenant is notified by the Landlord, collectively, the “Additional Named Insureds”) and the Tenant are named as insureds, and under which the insurer provides a contractual liability endorsement insuring against all cost, expense and liability arising out of or based upon any and all claims, accidents, injuries and damages described in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentSection 7.1, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida lawbroadest form of such coverage from time to time available. Landlord may require Unless provided by self-insurance, each such insurance coverage policy shall be noncancellable and nonamendable (to be increased after the first five years extent that any proposed amendment reduces the limits or the scope of the term of insurance required in this Lease) with respect to the Landlord and such ground lessor and first mortgagee without thirty (30) days’ prior notice to the Landlord and the Additional Named Insureds, provided that such increase except for notice of cancellation due to non-payment of premium, if any, which shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(sbe ten (10) shall name Landlord, any person, firms or corporations designated by Landlorddays’ prior notice, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior the Landlord. The minimum limits of liability of such insurance as of the Commencement Date shall be Five Million Dollars ($5,000,000.00) per occurrence for combined bodily injury (or death) and damage to property. Notwithstanding anything in this Lease to the commencement contrary, Tenant may elect to self-insure against any and all of the term risks, or portion thereof, against which Tenant is required to insure pursuant to the terms of this Lease, provided that either (i) the Chief Financial Officer of Tenant certifies annually that Tenant has a US tax tangible net worth, as of the end of the Tenant’s most recent reporting period of not less than One Hundred Fifty Million Dollars ($150,000,000) as computed in accordance with the Generally Accepted Accounting Principles (GAAP), (“Tenant’s Net Worth”), or (ii) the Chief Financial Officer of Guarantor certifies annually that Guarantor has a US tax tangible net worth, as of the end of the Guarantor’s most recent reporting period, of not less than One Hundred Fifty Million Dollars ($150,000,000) as computed in accordance with GAAP, (“Guarantor’s Net Worth”). In no event shall the limits of said With regard to this Lease, self-insurance policies will be considered as limiting insurance for the liability purposes of Tenant under this complying with the terms and conditions of the Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Should Tenant’s failure Net Worth be less than $150 Million, Tenant may not avail itself of the election to maintain such insuranceself-insure.

Appears in 2 contracts

Samples: Basic Lease Terms (Fulcrum Therapeutics, Inc.), Basic Lease Terms (Fulcrum Therapeutics, Inc.)

Liability Insurance. Tenant shall, during the entire term hereofat its own cost and expense, keep and maintain in full force and effect bodily injury and public during the Lease Term a policy of commercial general liability insurance in an amount insuring Tenant's activities with respect to the Leased Premises and the Building against loss, damage or liability for personal injury or death or loss or damage to property with a limit of not less than FIVE HUNDRED THOUSAND DOLLARS Two Million Dollars ($500,0002,000,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentcombined single limit for policies without a general aggregate limit. For such policies with a general aggregate limit, respectively; property damage insurance in an amount such aggregate limit shall be not less than ONE HUNDRED THOUSAND DOLLARS Five Million Dollars ($100,0005,000,000) and include an endorsement providing that the foregoing limit shall apply per location, including the Leased Premises, and have an occurrence limit not less than Two Million Dollars ($2,000,000); and worker’s compensation insurance . In the event Tenant obtains a policy with a general aggregate limit, Tenant shall immediately notify Landlord if claims covered by such policy or policies at any time are made against Tenant, which claims exceed fifty percent (50%) or more of the aggregate limit. Notwithstanding the foregoing, if during the Lease Term, in Landlord's reasonable judgment, the maximum amount permitted under Florida law. policy limits required hereunder are no longer adequate to provide reasonable protection to Landlord, Landlord may require notify Tenant of such inadequacy and an appropriate level of coverage and Tenant, within thirty (30) days of receiving such a notice, shall obtain such additional amounts of insurance coverage and provide Landlord with satisfactory evidence thereof. Reference may be made to policy amounts required by other landlords for similar space and operations in determining what is reasonable protection hereunder. The insurance required under this Section shall be increased after the first five years of the term of this Lease, provided with companies rated A-VII or better in Best's Insurance Guide. The insurance policy shall contain a provision that such increase policy and the coverage evidenced thereby shall not cause the required limits of coverage be primary and noncontributing with respect to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name any policies carried by Landlord, and that any personcoverage carried by Landlord shall be excess insurance. Landlord, firms or corporations and any other parties in interest designated by Landlord, and Tenant shall be named as an additional insured, and . The insurance policy shall contain a clause provision that the insurer will not cancel cancel, materially change or change fail to renew the insurance coverage provided by such policy without first giving the Landlord twenty forty-five (2045) days days' prior written notice. The insurance Tenant shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered deliver to Landlord prior upon the Commencement Date and from time to time thereafter as requested by Landlord copies of all policies of such insurance or certificates thereof showing Landlord as an additional insured and the commencement of the term of this Leaseapplicable policy limits thereof. In no event shall the limits of said insurance such policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.

Appears in 2 contracts

Samples: Eddie Bauer Holdings, Inc., Eddie Bauer Holdings, Inc.

Liability Insurance. Tenant shall, during the entire term hereofLease Term, keep in full force and effect a policy of public liability and property damage insurance with respect to the Premises and the business operated by Tenant in the Premises, with a combined single limit for personal or bodily injury and public liability insurance in an amount property damage of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS One Million Dollars ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) policy shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and Landlord as an additional insured and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty thirty (2030) days prior days' written notice. The insurance shall be in provided by an insurance company licensed approved by the State of Florida Landlord and a copy of the policy or a certificate of insurance shall be delivered to Landlord. All public liability, property damage and other liability policies shall be written as primary policies, not contributing with and not in excess of coverage which Landlord prior may carry. All such policies shall contain a provision that Landlord, although named as an additional insured, shall nevertheless be entitled to the commencement recover under said policies for any loss occasioned to Landlord, Landlord's employees and/or agents by reason of the term negligence of this LeaseTenant. In no event All such insurance shall specifically insure the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained performance by Tenant under this Lease, Landlord may procure same from of the indemnity agreement as to liability for injury to or death of persons or injury or damage to property as contained in Section 20. Any insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand (whether liability or casualty) required by the terms of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance be carried by Tenant may be carried under a blanket policy (or policies) covering other properties of Tenant or its related or affiliated corporations, or both; provided, however, that Tenant provide Landlord evidence reasonably satisfactory to Landlord that (a) Landlord is named as an additional insured on such policy or policies and (b) the coverage in under such policy or policies is sufficient to cover the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancelimits required herein.

Appears in 2 contracts

Samples: Lease Agreement (Software Spectrum Inc), Asset Purchase Agreement (Egghead Inc /Wa/)

Liability Insurance. Tenant shall, at its sole cost and expense shall maintain during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this LeaseLease public liability, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlordproperty damage and products and completed operations liability insurance, any personinsuring Tenant and Tenant's employees and authorized representatives against all bodily injury, firms or corporations designated by Landlordproperty damage, personal injury, and Tenant other loss or liability connected with Tenant's maintenance, occupation and use of the Premises under this Lease in amounts not less than $1,000,000.00 per occurrence, $2,000,000.00 annual aggregate bodily injury and property damage combined single limit as insured, a result of any accident or incident. Both public liability insurance and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The property damage insurance shall be in an insurance company licensed insure performance by the State of Florida and a copy Tenant of the policy or a certificate indemnity provision of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall sub-paragraph (e) below, but the limits of said such insurance policies be considered as limiting shall not, however, limit the liability of Tenant under this Leasehereunder. Both Landlord and Tenant shall be named as additional insureds, and the policies shall contain cross-liability endorsements. If Tenant shall fail to procure and maintain such insurance the Landlord may, but shall not be required to, procure and maintain same at the expense of Tenant and the cost thereof, together with interest thereon at the rate of ten (10%) percent per annum, shall become due and payable as additional rental to Landlord together with Tenant's next rental installment. Tenant shall deliver copies of said policies to Landlord within ten (10) days of their issuance, and shall not cancel or modify same without first providing thirty (30) days notice to Landlord. In the event that Tenant shall fail to obtain Landlord determines, in Landlord's reasonable judgement, that the limits of public liability, property damage, or maintain in full force and effect any products liability insurance coverage required to be obtained then carried by Tenant under this Leaseare materially less than the amount or type of insurance typically carried by owners or tenants of properties located in the same county in which the Premises are located, which are similar to and operated for similar business purposes a the Premises, Landlord may procure same from insurance carriers as elect to require Tenant to increase the amount of specific coverage, change the type of policy carried, or both. If Landlord may deem properso elects, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand be notified in writing of the specific change in policy amount or type required and shall have 30 days after the date of Landlord's notice to effect the change in amount or type of policy. Unless otherwise agreed by Landlord and Tenant, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations adjustment under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancesection may be made not more than every year.

Appears in 2 contracts

Samples: Easyriders Inc, Easyriders Inc

Liability Insurance. Tenant shall, during the entire term hereof, keep in full force Borrower shall carry and effect bodily injury and public maintain such commercial general liability insurance in an adequate amount as may from time to time be required by Lender in order to protect its interest, all to the extent generally required, and with deductibles as are generally required with respect to properties similar to the Property which are located in Cincinnati, Ohio, taking into consideration the type of property being insured and the corresponding liability exposure, on forms, with deductibles, in amounts and with such company or companies licensed to do business in the State and as may be acceptable to Lender. All such commercial general liability insurance shall be underwritten with a company or companies which have and maintain a rating equivalent to at least A-:VIII as shown in the most recent Best's Key Rating Guide. The original policy or policies and all renewals thereof are hereby assigned to Lender as additional security for the Loan. Borrower shall provide Lender evidence of liability insurance and an additional insured endorsement for general liability insurance. Such policy or policies of insurance shall name Lender as an additional insured and shall provide for not less than FIVE HUNDRED THOUSAND DOLLARS thirty ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (2030) days prior notice. The insurance shall be in an insurance company licensed by the State Written Notice to Lender of Florida and a copy of any intent to modify, cancel, non-renew or terminate the policy or a certificate policies or the expiration of insurance shall be delivered such policy or policies of insurance, or the exclusion of any individual risk such as acts of terrorism. Not later than the expiration dates of each policy or policies required of Borrower hereunder, Borrower will deliver to Landlord prior Lender evidence of renewal accompanied by other evidence of payment and renewal satisfactory to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this LeaseLender. In the event that Tenant shall fail of foreclosure of this Mortgage or other transfer of title to obtain the Property in extinguishment of the Loan, all right, title and interest of Borrower in and to any rights to unearned premiums, and in and to insurance proceeds then payable from any prior covered claims or maintain in full force and effect events under any insurance coverage policies in force on or prior to the date of transfer, shall pass to the purchaser or grantee. In case of Borrower's failure to keep the Property properly insured as required to herein, Lender, its successors or assigns, may, at its option (but shall not be obtained by Tenant under this Leaserequired to), Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for acquire such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceat Borrower's sole expense.

Appears in 2 contracts

Samples: Open End Mortgage and Security Agreement (Hines Global Reit Ii, Inc.), Open End Mortgage and Security Agreement (Hines Global Reit Ii, Inc.)

Liability Insurance. Tenant shallLessee, at its sole cost and expense, shall maintain during the entire term hereof, keep in full force and effect bodily injury and public hereof comprehensive (commercial) general liability insurance on an “occurrence basis” against claims for “personal injury”, including without limitation bodily injury, death and/or damage, occurring upon, in an amount or about the Premises in a combined single limit or not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) 1,000,000 per injury occurrence and accident, respectively; property damage insurance in an amount not with policy aggregate limit of no less than ONE HUNDRED THOUSAND DOLLARS $2,000,000 (or such higher amounts thereof as may be reasonably requested by Lessor not to exceed a policy aggregate limit of $100,0005,000,000 from time to time during this Lease). Said insurance shall name Lessor as an additional insured; shall be written by companies and in form satisfactory to Lessor (which companies shall be authorized to do business in California); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage shall apply primary to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, other comparable liability coverage; and shall contain a clause that an endorsement requiring thirty (30) days' prior written notice sent by certified or registered mail, return receipt requested, to Lessor at the address set forth below, or such other address as may be provided to any such insurer will not cancel by Lessor, before cancellation thereof or change in the insurance without first giving the Landlord coverage, scope or amount of such policy or policies. Lessee shall provide Lessor with a Certificate of Insurance as evidence of such Insurance within twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate date of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail Lessee fails to obtain or maintain such insurance as provided in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord Lessor may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for obtain any such insurance coverage may have been obtained from another insurance carrierinsurance, and Tenant the cost thereof shall pay be paid by Lessee as additional rent, upon demand rent with the first payment of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining rent which is due subsequent to Lessor's incurring such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned therebycost, and additionally, Lessor shall have all remedies to collect the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage same as rent in the types Lease provided, and/or as otherwise provided by law for the collection of rent. The policy shall contain “cross-liability” or “separation of insureds” coverage and amounts herein specifiedshall insure performance by Lessee of the indemnity provisions of this Paragraph 8. The limits of said Insurance shall not, and Tenant however, limit the liability of Lessee hereunder. In the event that the Premises constitutes a part of a larger property, said insurance shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancehave a Lessor's Protective Liability endorsement attached thereto. Deleted.

Appears in 2 contracts

Samples: Digital Domain Media Group, Inc., Digital Domain

Liability Insurance. Tenant shallshall obtain, during at its own expense, comprehensive general liability insurance coverage, including blanket contractual coverage, against claims for or arising out of bodily injury, death or property damage occurring in, on or about the entire term hereofPremises, keep which policy or policies shall name Landlord as an additional insured. The policy may be either a dual limit policy in full force the amounts of $1,000,000 per person and effect $1,000,000 per occurrence for bodily injury and public liability insurance $1,000,000 per occurrence for property damage or a single limit policy in an the amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS (of $1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require that the limits of such insurance coverage to be increased after the first five years in reasonably appropriate amounts as may be determined by Landlord or any mortgagee of the term of this LeaseBuilding; provided, provided however, that such increase shall not cause the required limits amount of coverage will not be increased more frequently than at one (1) year intervals. Such policy shall be issued by an insurance company reasonably acceptable to exceed those then commonly prevailing in the marketplace for similar situationsLandlord. The policy(spolicy procured by Tenant under this Subsection 8.01 must provide for at least thirty (30) days written notice to Landlord of any cancellation. On or before the Commencement Date, Tenant shall name deliver to Landlord, any personat Landlord’s option, firms a certificate of insurance or corporations designated by Landlorda certified copy of the original policy, and together with receipts evidencing payment of the premiums therefore. Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the deliver certificates of renewal for such policies to Landlord twenty at least thirty (2030) days prior noticeto the expiration dates thereof. The insurance shall provided by Tenant under this Subsection 8.01 may be in an the form of a blanket insurance company licensed by policy covering other properties as well as the State of Florida and Premises; provided, however, that Tenant must furnish Landlord with a copy written statement from the insurer(s) under such policy or policies which statement shall (i) specify the policy limits of the policy or a certificate policies, (ii) state that the Premises and this Lease are covered by such policy or policies and (iii) state the amount of total insurance shall be delivered to Landlord prior allocated to the commencement Premises; provided, further, that any such policy or policies of blanket insurance must, as to the term Premises, otherwise comply as to insurance amounts, endorsements, notice of cancellation and coverage with the other provisions of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceSubsection 8.01.

Appears in 2 contracts

Samples: A Lease Agreement (Aastrom Biosciences Inc), Standard Lease Summary (Aastrom Biosciences Inc)

Liability Insurance. Tenant shallTenant, at Tenant’s expense, agrees to keep in force during the entire term hereof, keep in full force and effect Term of this Lease a policy of commercial general liability insurance with combined single limit coverage of not less than Two Million Dollars ($2,000,000) per occurrence for bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage occurring in, on or about the Premises, including parking and landscaped areas. Such insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); shall be Initial: DWD/JA primary and worker’s compensation noncontributory as respects any insurance in the maximum amount permitted under Florida lawcarried by Landlord. Landlord may require The policy or policies effecting such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, Rxxxxxx X. Xxxxx, as Trustee of the Rxxxxxx X. Xxxxx Separate Property Trust dated July 20, 1977, as amended; the Rxxxxxx X. Xxxxx Separate Property Trust; Rxxxxxx X. Xxxxx as an individual; Jxxx Xxxxxxxxx, as Trustee under the Jxxx Xxxxxxxxx Survivor’s Trust dated July 20, 1977, as amended; the Jxxx Xxxxxxxxx Survivor’s Trust; Jxxx Xxxxxxxxx, as an individual; and any personbeneficiaries, firms trustees and successor trustees, other partners or corporations designated by Landlord, and Tenant co-venturers of Landlord or said trusts as insuredadditional insureds (collectively “Landlord Entities”), and shall contain a clause insure any liability of the Landlord Entities, contingent or otherwise, as respects acts or omissions of Tenant, its agents, employees or invitees or otherwise by any conduct or transactions of any of said persons in or about or concerning the Premises, including any failure of Tenant to observe or perform any of its obligations hereunder; shall be issued by an insurance company authorized to transact business in the State of California; and shall provide that the insurance effected thereby shall not be cancelled, except upon ten (10) business days’ prior written notice to Landlord. The policy shall state that the insurer will not cancel endeavor to mail thirty (30) days’ prior written notice of any such cancellation to Landlord, but failure to do so shall impose no obligation or change liability of any kind upon the insurer. Notwithstanding the foregoing, in the event Tenant is notified by the insurance without first giving the company of such cancellation, Tenant shall provide written notice to Landlord twenty within five (205) days prior noticeof its receipt of such notification. The Tenant’s insurance shall be primary as respects to the Landlord Entities, or if excess, shall stand in an unbroken chain of coverage. In either event, any other insurance company licensed maintained by the State Landlord Entities shall be in excess of Florida Tenant’s insurance and a copy of the policy or shall not be called upon to contribute with any insurance required to be provided by Tenant. The required insurance shall be reflected on a certificate of insurance of said policy, which certificate shall be delivered to Landlord prior concurrently with Tenant’s return of this executed Lease to Landlord. If, during the commencement of the term Term of this Lease. In no event shall , in the limits of said insurance policies be reasonable considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand opinion of Landlord’s Lender, any and all premiumsinsurance advisor, costsor counsel, charges and expenses incurred or expended by Landlord the amount of insurance described in obtaining such insurance. Notwithstanding shall procure insurance this Paragraph 12 is not adequate, Tenant agrees to increase said coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such reasonable amount as Landlord’s Lender, insurance advisor, or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord counsel shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancedeem adequate.

Appears in 2 contracts

Samples: Lease Agreement (Genitope Corp), Lease Agreement (Genitope Corp)

Liability Insurance. Tenant shall, at Tenant’s expense, obtain and keep in force during the entire term hereof, keep in full force and effect bodily injury and of this Lease Agreement a policy of comprehensive public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury amounts specified below, insuring Landlord, Tenant and accidentLeasehold Mortgagee against any liability arising out of the ownership, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); use, occupancy or maintenance of Tenant’s Facility and worker’s compensation insurance in the maximum amount permitted under Florida lawall areas appurtenant thereto. Landlord may require such insurance coverage to be increased after the first five years of shall, at Landlord’s expense, obtain and keep in force during the term of this LeaseLease Agreement a policy of comprehensive public liability insurance in amounts specified below insuring Tenant, provided that such increase Landlord and Leasehold Mortgagee against any liability arising out of the ownership, use, occupancy of Landlord’s Facility and all areas appurtenant thereto. The limit of said insurance shall not, however, limit the liability of Tenant or Landlord hereunder. Tenant or Landlord may carry said insurance under a blanket policy; provided, however, said insurance by Tenant shall name Landlord and Leasehold Mortgagee a an additional insured thereunder and said insurance of Landlord shall name Tenant and Leasehold Mortgagee as an additional insured thereunder. If either party shall fail to procure and maintain said insurance, the other may, but shall not cause be required to, procure and maintain same, but at the expense of the party who failed to obtain said insurance. Insurance required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance hereunder shall be in an insurance company licensed provided by companies reasonably satisfactory to each party. Each party shall deliver to the State other and the Leasehold Mortgagee, prior to occupancy of Florida and a copy the Tenant’s Facility, copies of the policy or a certificate policies of liability insurance shall be delivered to Landlord prior to required herein or certificates evidencing the commencement existence and amounts of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding No policy shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable cancelable or subject to Tenant for any insufficiency or failure reduction of coverage with regard except after thirty (30) days’ prior written notice to such the other, the Leasehold Mortgagee. Such public liability and property liability insurance or any loss to Tenant occasioned therebyshall have liability limits of not less than Two Million and No/100 Dollars ($2,000,000.00) per person and Five Million and No/100 Dollars ($5,000,000.00) per occurrence, and additionally, the procurement property damage limits of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types less than Two Hundred Fifty Thousand and amounts herein specifiedNo/100 Dollars ($250,000.00) per occurrence, and Landlord, Tenant and Leasehold Mortgagee shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancebe named as co-insureds, and the policy shall contain cross-liability endorsements. The coverage shall be increased at the reasonable request of the Leasehold Mortgagee.

Appears in 2 contracts

Samples: Rights Lease Agreement, Air Rights Lease Agreement (CNL Healthcare Properties, Inc.)

Liability Insurance. Tenant at all times during the Lease Term shall, during the entire term hereofat its own expense, keep in full force and effect bodily injury and public comprehensive general liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS with “personal injury” coverage and contractual liability coverage, within minimum limits of Two Million and No/100 Dollars ($500,0002,000,000.00) / ONE MILLION DOLLARS on account of bodily injuries to, or death of, one or more than one person as the result of any one accident or occurrence and Five Hundred Thousand and No/100 Dollars ($1,000,000500,000.00) per injury and accident, respectively; on account of damage to property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in as the maximum amount permitted under Florida lawresult of any one accident or occurrence. Landlord may require and Landlord’s lenders shall be named as additional insureds on such policy, and such policy shall provide that (i) such insurance coverage to shall be increased after the first five years of the term of this Lease, provided that such increase primary and shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(scontribute with any insurance carried by Landlord and (ii) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving company issuing the same shall notify Landlord twenty thirty (2030) days prior notice. The insurance shall be in an insurance company licensed by to the State of Florida and a copy expiration date of the policy or a certificate of insurance shall be delivered to Landlord if the policy is not renewed prior to the commencement of the term of this Leasesuch date. In no event shall the limits of said All insurance policies be considered as limiting or duly executed certificates for the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage same required to be obtained carried by Tenant under this Lease, together with satisfactory evidence of the payment of the premiums thereof, shall be deposited with Landlord on the date Tenant first occupies the Leased Premises and upon renewals of such policies not less than fifteen (15) days prior to the expiration of the term of the same. All insurance required to be carried by Tenant under this Lease shall be in form and content, and written by insurers, reasonably acceptable to Landlord. If Tenant shall fail to comply with any of the requirements contained herein relating to insurance, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for obtain such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay to Landlord, on demand, as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant rent hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure one hundred fifteen percent (115%) of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancepremium cost thereof.

Appears in 2 contracts

Samples: Office Lease (Pc Connection Inc), Office Lease (Pc Connection Inc)

Liability Insurance. Tenant shall, at Tenant's expense, obtain and keep in force during the entire term hereof, keep in full force and effect bodily injury and Term of this Lease a policy of comprehensive public liability insurance in an amount with limits not less than FIVE HUNDRED THOUSAND DOLLARS $2,000,000, combined single limit, insuring Landlord and Tenant against any liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto, as their interests may appear. The limit of said insurance shall not, however, limit the liability of the Tenant hereunder. Tenant may carry said insurance under a blanket policy, providing, however, said insurance by Tenant shall have a Landlord's protective liability endorsement attached thereto. If Tenant shall fail to procure and maintain said insurance, Landlord may, but shall not be required to, procure and maintain same, but at the expense of Tenant after notifying Tenant and allowing ten ($500,00010) / ONE MILLION DOLLARS business days. Tenant shall deliver to Landlord prior to occupancy of the Premises certificates evidencing the existence and amounts of such insurance with named insured as their interests may appear. No policy shall be cancelable or subject to reduction of coverage except after thirty ($1,000,00030) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida lawdays' prior written notice to Landlord. Landlord may require such insurance coverage to be increased after shall obtain and keep in force during the first five years of the term Term of this Lease, provided that such increase shall not cause comprehensive public liability insurance on the required limits of coverage to exceed those then commonly prevailing Building, workers' compensation insurance in compliance with Applicable Laws and special form property insurance or all risk property insurance, in the marketplace amount of the full replacement value, on the shell and core of the Building, on the Premises, on all finish items and fixtures in the Premises, whether installed pursuant to the Work Letter or otherwise, and on the Property, from such companies and on such terms and conditions, including loss of rental insurance, as customarily maintained by landlords for similar situationsother commercial buildings in the same geographical area as the Building. Landlord shall deliver to Tenant prior to occupancy of the Premises certificates evidencing the existence and amounts of such insurance with named insured as their interests may appear. The policy(s) shall name costs of Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The 's insurance shall be included in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceOperating Expenses.

Appears in 2 contracts

Samples: Hei Inc, Colorado Medtech Inc

Liability Insurance. Tenant shallWorkers’ compensation insurance, during the entire term hereofemployer’s liability insurance, keep in full force and effect bodily injury and public automobile liability, commercial general liability insurance (including liquor liability) and commercial umbrella or excess liability insurance adequate to protect Tenant and Landlord against liability for injury to or death of any person or damage to property in an amount not less than FIVE HUNDRED THOUSAND DOLLARS (connection with the use, operation or condition of the Premises and Tenant’s Off-Premises Equipment. The limits of liability under the workers’ compensation policy shall be at least equal to the statutory requirements as required by the Texas Workers Compensation Act. The limits of liability under the employer’s liability policy shall be at least $500,000) / ONE MILLION DOLLARS ($1,000,000) 1,000,000.00 per injury and bodily injury, each accident; bodily injury, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000)by disease, each person; and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Leasebodily injury, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situationsby disease, policy limit. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance commercial general liability policy shall be in an insurance company licensed by amount of not less than $2,000,000.00 per occurrence and in the State aggregate. The automobile liability policy shall be in an amount of Florida and a copy not less than $1,000,000.00 per occurrence. The umbrella/excess policy shall be in an amount of not less than $15,000,000.00. Not more frequently than once each five (5) years, if, in the reasonable opinion of Landlord or Landlord’s mortgagee or of the policy independent insurance broker retained by Landlord, the amount of Tenant’s employer’s liability or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the commercial general liability of Tenant under this Lease. In the event coverage at that time is not adequate, Tenant shall fail to obtain or maintain in full force and effect any increase such liability insurance coverage coverages as reasonably required by Landlord; provided, however, such increases shall not exceed commercially reasonable insurance coverages required to be obtained carried by tenants leasing comparable office space in Comparable Buildings. Furthermore, following Tenant’s construction of an archery range as a Project Amenity (defined below) or similar activity, if, in the reasonable opinion of Landlord or Landlord’s mortgagee or of the independent insurance broker retained by Landlord, the amount of Tenant’s employer’s liability or commercial general liability coverage at that time is not adequate based on the construction and use of the Project Amenity, Tenant under this Leaseshall increase such liability insurance coverages as reasonably required by Landlord, Landlord may procure same from insurance carriers as Landlord may deem properup to $25,000,000. In addition, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carriershould Tenant elect not to prohibit the carrying of any firearms or other weapons on the Project in accordance with Texas law (including concealed, open carry, or both), and if, in the reasonable opinion of Landlord or Landlord’s mortgagee or of the independent insurance broker retained by Landlord, the amount of Tenant’s employer’s liability or commercial general liability coverage at that time is not adequate based on permitting the carrying of firearms or other weapons on the Project, Tenant shall pay increase such liability insurance coverages as additional rent, upon demand of reasonably required by Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.

Appears in 2 contracts

Samples: Office Lease (YETI Holdings, Inc.), Office Lease (YETI Holdings, Inc.)

Liability Insurance. 23. Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and a policy of public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance with respect to the leased premises, and the business operated by Tenant in an amount the leased premises in which the limit of public liability shall not be less than ONE HUNDRED THOUSAND DOLLARS Two Million ($100,000); 2,000,000.00) Dollars per accident, and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase property damage liability shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situationsbe less than One Million ($1,000,000.00) Dollars. The policy(s) policy shall, in addition to naming Tenant insured, shall name Landlord, Landlord and any person, firms firms, or corporations designated by LandlordLandlord as additional insureds on primary, and Tenant as insurednon-contributory basis including waiver of subrogation applicable to General Liability & Umbrella/Excess Liability, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty ten (2010) days prior written notice. The insurance shall be in an insurance company licensed approved by the State of Florida Landlord, and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior within ten (10) days after the execution of this Lease. Upon a failure, after demand, of the Tenant to obtain the commencement insurance policy described hereinabove, the Landlord is hereby authorized to obtain a policy of insurance in the limits set forth hereinabove on behalf of the Tenant and the premium for such policy shall be due and payable with the next installment of rent. Tenant agrees that it will not keep, use or offer for sale in or upon the leased premises any article which may be prohibited by the standard form of fire insurance policy. Tenant agrees to pay any increase in premium for fire and extended coverage insurance that may be charged during the term of this Lease. In no event shall Lease on the limits amount of such insurance which may be carried by Landlord on said insurance policies be considered as limiting premises or the liability building of which they are a part, resulting from the type of merchandise sold by Tenant under this Leasein the leased premises, whether or not Landlord has consented to same. In the event the Tenant's occupancy causes any increase in premium of the Landlord's insurance rate and premium, the Tenant agrees to reimburse Landlord to the extent of such increase rate and premium. The Tenant also shall pay in such event any additional premium on the rent insurance policy that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to may be obtained carried by Tenant under this Lease, the Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for its protection against rent loss through fire. Bills for such insurance coverage may have been obtained from another insurance carrier, additional premiums shall be rendered by Landlord and Tenant shall pay be collectible as additional rent. Tenant will indemnify Landlord and save it harmless from and against any kind and all claims, actions, damages, liability and expense in connection with loss of life, personal injury and/or damage to property arising from or out of any occurrence in, upon demand or at the leased premises or any part thereof, or occasioned wholly or in part by any act or omission of LandlordTenant, its agents, contractors, employees, servants, tenants, or concessionaires. In case Landlord shall, without fault on its part, be made a party to any litigation commenced by or against Tenant, then Tenant shall protect and hold Landlord harmless and shall pay all premiums, costs, charges expenses, and expenses reasonable attorney's fees incurred or expended paid by Landlord in obtaining connection with such insurancelitigation. Notwithstanding Tenant shall procure insurance coverage required of Tenant hereunderalso pay all costs, Landlord shall in no manner expenses and reasonable attorney's fees that may be liable to Tenant for any insufficiency incurred or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance paid by Landlord shall not relieve Tenant of its obligations under in enforcing the covenants and agreements in this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceLease.

Appears in 2 contracts

Samples: Lease (CVD Equipment Corp), Lease (CVD Equipment Corp)

Liability Insurance. From the Commencement Date until the expiration of this Lease, Tenant shall, during the entire term hereof, shall carry and keep in full force and effect bodily injury at all times for the protection of Landlord and public Tenant, comprehensive general liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury for bodily injury, death, and accidentdamage to the property of others, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); including Tenant's legal liability for Tenant's indemnification obligations owed to Landlord under Sections 9.01 and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term 12.01 of this Lease, provided that such increase shall not cause the required with minimum limits of coverage of at least $2,000,000 for each occurrence of property damage and bodily injury with an aggregate of $5,000,000. Notwithstanding the foregoing, Landlord shall have the right to exceed those then commonly prevailing require Tenant to increase the minimum limits of coverage set forth above, from time to time, to the standard limits of coverage required for comparable property in the marketplace Hudson, New Hampshire area. During the Prime Term or any Additional Term of the Lease, Landlord shall maintain property insurance on the Premises, excluding coverage of all Tenant's personal property located on or in the Premises. Such insurance shall also include insurance against loss of rents, in an amount equal to the Rent and Additional Rent, and any other sums payable under the Lease, for similar situationsa period of at least twelve (12) months commencing on the date of loss. The policy(s) Such insurance shall name Landlord, any person, firms or corporations designated by Landlord, and Landlord as named insured. Tenant as insured, and shall contain a clause that the insurer will not cancel or change reimburse Landlord for the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered as Additional Rent pursuant to Landlord prior to the commencement of the term Section 3.02 of this Lease. In no event shall If the limits insurance premiums are increased after the Commencement Date due to an increase in the value of said insurance policies be considered as limiting the liability Premises or its replacement cost, or due to Tenant's use of Tenant under this Lease. In the event that Tenant shall fail to obtain Premises or maintain in full force and effect any insurance coverage required to be obtained improvements installed by Tenant under this LeaseTenant, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, shall notify Tenant in writing and Tenant shall pay as additional rent, upon demand such increase within ten (10) days of Tenant's receipt of Landlord's written notice of such increase. If, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunderhowever, Landlord elects to maintain a policy or policies of terrorism insurance on the Premises, Tenant shall in no manner not be liable required to Tenant reimburse Landlord for any insufficiency or failure of coverage with regard premiums allocable to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancepolicies.

Appears in 1 contract

Samples: Lease Agreement (Benchmark Electronics Inc)

Liability Insurance. Tenant shallshall procure at Tenant’s sole cost and expense and keep in effect from the date of this Lease and at all times until the end of the Term either Comprehensive General Liability insurance or Commercial General Liability insurance applying to the use and occupancy of the Premises and the Building, and any part of either, and any areas adjacent thereto, and the business operated by Tenant, or by any other occupant on the Premises. Such insurance shall include Broad Form Contractual Liability insurance coverage insuring all of Tenant’s indemnity obligations under this Lease. Such coverage shall have a minimum combined single limit of liability of at least two million dollars ($2,000,000.00), and a general aggregate limit of five million dollars ($5,000,000.00). All such policies shall be written to apply to all bodily injury, property damage or loss, personal injury and other covered loss, however occasioned, occurring during the entire term hereofpolicy term, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage shall be endorsed to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by add Landlord, and Tenant Landlord’s lenders and/or joint venture partners and the officers, agents and employees of each of the foregoing entities, and any party holding an interest to which this Lease may be subordinated as an additional insured, and shall provide that such coverage shall be primary and that any insurance maintained by Landlord shall be excess insurance only. Such coverage shall also contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty endorsements: (20i) days prior noticedeleting any employee exclusion on personal injury coverage; (ii) including employees as additional insureds; (iii) deleting any liquor liability exclusion; and (iv) providing for coverage of employer’s automobile non-ownership liability. The All such insurance shall be in provide for severability of interests; shall provide that an insurance company licensed by the State act or omission of Florida and a copy one of the named insureds shall not reduce or avoid coverage to the other named insureds; and shall afford coverage for all claims based on acts, omissions, injury and damage, which claims occurred or arose (or the onset of which occurred or arose) in whole or in part during the policy or a certificate of insurance period. Said coverage shall be delivered to Landlord prior to written on an “occurrence” basis, if available. If an “occurrence” basis form is not available, Tenant must purchase “tail” coverage for the commencement most number of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrieryears available, and Tenant shall pay tenant must also purchase “tail” coverage if the retroactive date of an “occurrence” basis form is changed so as additional rentto leave a gap in coverage for occurrences that might have occurred in prior years. If a “claims made” policy is ever used, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by the policy must be endorsed so that Landlord in obtaining such insurance. Notwithstanding shall procure insurance is given the right to purchase “tail” coverage required of Tenant hereunder, Landlord shall in no manner be liable to should Tenant for any insufficiency reason not do so or failure if the policy is to be canceled for nonpayment of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancepremium.

Appears in 1 contract

Samples: Lease (diaDexus, Inc.)

Liability Insurance. During the Term, Tenant shallshall maintain a commercial general liability policy of insurance, during at Tenant's expense, insuring Landlord against liability arising out of the entire term hereofownership, keep in full force and effect bodily injury and public liability use, occupancy, or maintenance of the Premises. The initial combined single limit amounts of the insurance in an amount must be at least: $2,000,000 for each occurrence, $5,000,000 General Aggregate per policy year. In addition, Tenant shall carry Business Auto Liability with limits of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS (500,000 for each occurrence and $1,000,000) 2,500,000 General Aggregate per injury and accident, respectively; property damage insurance in an amount policy year. Tenant shall carry umbrella liability coverage of not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law10,000,000. Landlord may require shall be added as an additional insured to each such insurance coverage to be increased after the first five years liability policy. The amounts of the term insurance will not limit Tenant's liability or relieve Tenant of any obligation under this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlordpolicies must contain contractual liability coverage, cross-liability endorsements, if applicable, be primary and non-contributing with any person, firms or corporations designated policy carried by Landlord, and must insure Tenant's performance of the indemnity provisions in this Lease, including but not limited to Section 5.03. Tenant must also maintain business interruption insurance in commercially reasonable amounts to allow Tenant to maintain, rebuild and reopen its operations on the Premises, as insuredwell as Workers' compensation and Employers Liability Insurance with statutorily mandated limits covering all persons employed by Tenant on the Premises for any work done on or about any of thePremises for which claims for death or bodily injury could be asserted against Landlord, and shall Tenant, or the Premises. The policies must contain a clause provision that prohibits cancellation or modification of the insurer will not cancel or change policy except upon thirty (30) days' prior written notice to Landlord and must name Landlord as an additional insured Tenant may discharge Tenant's obligations under this Section by naming Landlord as an additional insured under a commercial general liability insurance policy maintained by Tenant and containing the insurance without first giving the Landlord twenty (20) days prior noticecoverage and provisions described in this Section. The insurance Tenant shall be in an insurance company licensed by the State of Florida and deliver a copy of the policy or certificate (or a certificate of insurance shall be delivered renewal) to Landlord prior to the commencement Commencement Date and at least ten (10) business days prior to the expiration of the term of this Leasepolicy during the Term. In no event shall If Tenant fails to maintain the limits of said policy, Landlord may elect to maintain the insurance policies be considered at Tenant's expense. Tenant may, at Tenant's expense, maintain other liability insurance as limiting the liability of Tenant under this Leasedeems necessary. In the event that Tenant shall fail provide copies of all such insurance to obtain or maintain in full force Landlord and effect any all renewals and/or amendments to same. All policies of insurance coverage required to be obtained carried by Tenant under this Lease, Landlord may procure same from ARTICLE Five shall be written by a company or companies authorized to engage in the business of providing the applicable insurance carriers in the State of Texas with a general policyholder's rating of at least A and a financial rating of at least XI as Landlord may deem proper, irrespective defined by A.M. Best. Tenant's policies of insurance required to be carried under this ARTICLE Five shall contain a commercially reasonable waiver of subrogation clause serving to waive any rights of subrogation that a lesser premium for such insurance coverage insurer may have been obtained from another insurance carrieragainst Landlord, its managers, parents, members, shareholders, directors, officers, employees, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceagents.

Appears in 1 contract

Samples: Commercial Lease Agreement (Rich Uncles NNN REIT, Inc.)

Liability Insurance. Tenant shall, during the entire term hereof, keep in full force Airline at its own cost and effect bodily injury expense shall obtain and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage cause to be increased after the first five years of kept in force for the term of this LeaseAgreement, provided that Airline General Liability Insurance to insure the specific and general liabilities assumed in Article 8-A, above (Indemnification), including, but not limited to, aircraft liability (owned, non-owned or leased), passenger legal liability, bodily injury, broad form property damage liability, premises liability, baggage and cargo liability, independent contractor and contractual liability and such increase other coverage as may from time to time be generally issued by insurance companies to airlines in connection with their airport operations, and Business Automobile Liability Insurance (any Auto, including Owned Autos, Non-Owned Autos and Hired Autos) with Port (including without limitation, members of Port’s Board of Commissioners), officers, agents and employees named as additional insureds. Limits of liability for Airline General Liability Insurance shall not cause be less than Twenty-five Million Dollars ($25,000,000.00) combined single limit or its equivalent per occurrence or such greater amount actually maintained by Airline, whether required by law or regulation applicable to Airline, or otherwise, with no deductible, except to the required limits extent that any self-insured retention has been approved in advance and in writing by the Port’s Risk Manager. Limits of coverage to exceed those then commonly prevailing in the marketplace liability for similar situationsBusiness Automobile Liability Insurance shall not be less than Five Million Dollars ($5,000,000.00) combined single limit or its equivalent per occurrence, with no deductible. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The All of said insurance shall be in an a form and with a company or companies of generally recognized financial strength and responsibility, and reasonably approved by Port. All such insurance company licensed by shall provide that it is primary insurance, in respect of any other valid and collectible insurance Port may possess including any self-insured retention or deductible Port may have, and that any such other insurance Port does possess will not contribute in the State event of Florida Losses. All insurance required under this Article 8-B shall also provide that it shall act for each insured and each additional insured as though a copy separate policy had been written for each; provided, however, that this provision shall not operate to increase the policy limits of the policy or a certificate of insurance. All such insurance shall be delivered to Landlord prior name Port as an additional insured under contractual liability coverage for the covenants and indemnification provided under this Agreement of the Port by Airline; shall provide for payment of loss to the commencement Port and Airline as their interests may appear; shall contain a waiver of any right of subrogation that the insurer or insurers may have against Port; and shall require the insurance company, in carrying out its obligations to Port, to use counsel reasonably acceptable to the Port Attorney. Prior to Airline’s execution of this Agreement, a Certificate of Insurance shall be furnished to Port showing that all the required insurance coverage and additional insured endorsements are in force and providing that such insurance coverage will not be reduced or canceled without at least thirty (30) days’ prior written notice to Port. The Port’s Risk Manager will notify Airline if he or she reasonably believes that there is a basis for the Port to make a claim under any of the required insurance policies, in which event Airline will promptly provide Port with copies of all required insurance policies. Port reserves the right reasonably to amend the monetary limits or coverages herein specified during the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain Agreement, but in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenantso doing will give Airline at least thirty (30) day’s failure to maintain such insuranceprior written notice.

Appears in 1 contract

Samples: Airline Operating Agreement

Liability Insurance. Tenant shall, LESSOR shall obtain and keep in force during the entire term hereofof this Lease a policy or policies of commercial general liability insurance covering all injuries occurring within the building and the Premises. The policy or policies evidencing such insurance shall name COUNTY as an additional insured, keep in full force shall provide that same may not be cancelled or amended without thirty (30) days prior written notice to COUNTY, and effect shall provide for a combined coverage of bodily injury and public liability insurance property damage in an the amount of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS One Million Dollars ($1,000,000) per injury and accident, respectively; property damage ). Such policy or policies shall be issued by an insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance company licensed to do business in the maximum amount permitted under Florida lawState of California and in a form acceptable to COUNTY. Landlord Prior to the Commencement Date of this Lease and upon renewal of such policies, LESSOR shall submit to COUNTY suitable evidence that the foregoing policy or policies are in effect. LIABILITY (5.4 S) LESSOR and COUNTY each agree to assume sole responsibility to defend against any and all claims for injuries to persons or damage to property which may require such insurance coverage arise, in whole or in part, from the imposition of legal liability for the acts, omissions and conduct of the LESSOR on the one hand or COUNTY on the other, and specifically agree that neither LESSOR nor COUNTY shall be obligated to defend or indemnify the other for claims which create potential legal liability arising out of the acts, omissions or conduct of the other party to this Lease. TAXES AND ASSESSMENTS (5.6 S) All taxes and assessments which become due and payable upon the Premises shall be the full responsibility of LESSOR, and LESSOR shall cause said taxes and assessments to be increased after paid prior to the first five years of due date. Should LESSOR fail to pay taxes and assessments due upon the Premises, COUNTY may pay such amount due and deduct the cost thereof from the rent thereafter payable. BUILDING AND SAFETY REQUIREMENTS (5.7 S) During the full term of this Lease, provided that such increase shall not cause LESSOR, at LESSOR's sole cost, agrees to maintain the required limits of coverage to exceed those then commonly prevailing Premises in the marketplace for similar situations. The policy(s) shall name Landlordcompliance with all applicable laws, any personrules, firms or corporations designated by Landlordregulations, building codes, statutes, and Tenant orders as insured, and shall contain a clause that they are applicable on the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term date of this Lease, and as they may be subsequently amended. In no event shall Included in this provision is compliance with the limits Americans with Disabilities Act (ADA) and all other federal, state, and local codes, statutes, and orders relating to disabled access as they are applicable on the dates of said insurance policies be considered as limiting the liability of Tenant under this Lease, and as they may be subsequently amended. LESSOR further agrees to maintain the Premises as a "safe place of employment," as defined in the California Occupational Safety and Health Act (California Labor Code, Division 5, Part 1, Chapter 3, beginning with Section 6400) and the Federal Occupational Safety and Health Act, where the provisions of such Act exceed, or supersede, the California Act, as the provisions of such Act are applicable on the date of this Lease, and as they may be subsequently amended. // // In the event that Tenant shall fail to obtain LESSOR neglects, fails, or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease refuses to maintain insurance coverage in the types and amounts herein specifiedsaid Premises as aforesaid, and Tenant shall nevertheless hold Landlord harmless from COUNTY may, notwithstanding any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.other termination provisions contained herein:

Appears in 1 contract

Samples: Disturbance Agreement

Liability Insurance. Tenant At all times during the Term hereof, Landlord shall, during the entire term hereofat Tenant’s sole cost and expense, keep obtain and continue in full force and effect bodily injury and public commercial liability insurance or comprehensive general liability insurance with respect to the Total Site and the activities and use thereof and thereon by Tenant and Tenant's employees, agents, contractors, licensees, subtenants, assignees, concessionaires and invitees. Such insurance shall include coverage for personal injury (including employees and false arrest coverage), bodily injury, broad form property damage, Total Site/operations, owner's protective coverage, blanket contractual liability, products and completed operations liability, and owned/non-owned auto liability in an amount not less than FIVE HUNDRED THOUSAND DOLLARS Three Million Dollars ($500,0003,000,000.00) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida lawcombined single limit. Landlord may require The limits of such insurance coverage to be increased after the first five years of the term of this Leaseshall not, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlordhowever, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting limit the liability of Tenant hereunder. All liability and property damage policies shall contain a provision that Landlord, although named as an additional insured, shall nevertheless be entitled to recovery under said policies for any loss occasioned to it, its servants, agents and employees by reason of the negligence of Tenant and/or Tenant's employees, agents, contractors, licensees, subtenants, assignees, concessionaires and invitees. Notwithstanding the foregoing or anything set forth in this Lease. In Article XI to the event contrary, the parties agree that Tenant shall fail may satisfy its insurance requirements hereunder through policies maintained and to be maintained by Landlord with respect to the liability risks set forth herein unless Landlord informs Tenant that Landlord is unable to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Leasesuch policies. To the extent feasible, Landlord may procure same from agrees to carry such liability insurance carriers set forth above in this Section 11.3 for the Term, which shall include Tenant and, to the extent feasible, Tenant’s employees, agents, contractors, licensees, subtenants, assignees, concessionaires and invitees, as Landlord may deem proper, irrespective that a lesser premium additional insureds thereto. Tenant shall be responsible for the cost of any such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay policies as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable they relate to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceTotal Site.

Appears in 1 contract

Samples: Master Ground Lease

Liability Insurance. Tenant shallCONCESSIONAIRE shall procure, during maintain and carry, at its sole cost, in accordance with and/or until completion of this Agreement all insurance, as required per the entire term hereofamounts as set forth below. Insurance shall be furnished by a company licensed to do business in the State of Kansas. Insurance certificates shall be issued on a standard XXXXX form or such other documentation as may be acceptable to AUTHORITY in its discretion and include the NAIC number of the insuring company. Each insurance company’s rating, keep as shown in full force and effect bodily injury and public liability insurance in an amount not the latest Best’s Key Rating Guide, shall be no less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentA-VII, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in unless otherwise approved by the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this LeaseAUTHORITY, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain from a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed Workers’ Compensation pool approved by the State of Florida Kansas. Insurance certificates must be received and a copy approved by the AUTHORITY prior to occupancy but failure to provide approved certificates shall not delay Opening Day for purposes of Concession Fees or rent accrual. AUTHORITY retains the right to require changes in the character, coverages and amounts of coverage commensurate with changes in the CONCESSIONAIRE’S use of the policy or a certificate Premises. The failure of AUTHORITY to reject the CONCESSIONAIRE’S proffered insurance shall not be delivered deemed to Landlord prior constitute an acceptance by the AUTHORITY of deficient insurance coverage. If the CONCESSIONAIRE fails to procure or maintain any of the specified coverages the AUTHORITY has the right, but not the obligation, to secure the coverage and charge the cost to the commencement of CONCESSIONAIRE along with a 20% administrative fee. The CONCESSIONAIRE shall be responsible for determining the term of this Lease. In no event shall the types and limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required by any approved Sublessee. At a minimum, such Sublessee shall carry Workers’ Compensation, general liability (minimum of $1,000,000 per occurrence) and automobile liability (minimum of $500,000 combined single limit). CONCESSIONAIRE shall require in any approved sublease that the Wichita Airport Authority and the City of Wichita shall be added as primary and non-contributory additional insureds on the Sublessee’s general liability policy. The requirements, procurement and carrying of the required insurance shall not limit any of the CONCESSIONAIRE’s obligations or liability under this Agreement or as a matter of law. Where “minimum limits” of insurance are specified in this Section, such minimum insurance limits are required and considered by AUTHORITY to be obtained by Tenant the lowest insured amounts acceptable under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such Agreement. The CONCESSIONAIRE is not limited or restricted whatsoever in securing additional insurance coverage may have been obtained from another insurance carrierand higher insured limits than those specified herein if, at the CONCESSIONAIRE’s determination and Tenant discretion and commensurate with the type of activity and associated business and operational risk, additional coverage and higher limits are necessary and appropriate. Insurance shall pay as additional rentinclude the following terms, upon demand of Landlord, any conditions and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.minimum limits:

Appears in 1 contract

Samples: Food and Beverage Concession and Lease Agreement

Liability Insurance. (a) Tenant shall, during the entire term hereof, shall obtain and keep in full force and effect bodily injury (i) an “all risk” insurance policy for all improvements made by Tenant to the Premises (including, without limitation, Tenant’s Alterations), to the extent that such improvements are above “Premises standard” (examples of which are set forth in Article 9(a) hereof) and public Tenant’s property at the Premises, and (ii) a policy of commercial general liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in on an amount not less than ONE HUNDRED THOUSAND DOLLARS occurrence basis, with a broad form contractual liability endorsement. Such policies shall provide that Tenant is named as the insured. Landlord, Landlord’s managing agent, and any ground lessors and any mortgagees ($100,000); and worker’s compensation whose names shall have been furnished to Tenant) shall be named as additional insured, as their respective interests may appear with respect to the insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage required to be increased after carried pursuant to clause (i) above, and to the first five years extent of the term of this Lease, provided that such increase named insured’s negligence with respect to the insurance required to be carried pursuant to clause (ii) above. Such policy with respect to clause (ii) above shall not cause include a provision under which the required limits of coverage insurer agrees to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name indemnify and hold Landlord, any personLandlord’s managing agent, firms or corporations designated by Landlord’s agent and such lessors and mortgagees harmless from and against, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered subject to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability set forth in this Article 13(a), all cost, expense and liability arising out of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlordbased upon, any and all premiumsclaims, costsaccidents, charges injuries and expenses incurred damages mentioned in Article 38(c) hereof. In addition, the policy required to be carried pursuant to clause (ii) above shall contain a provision that (a) no act or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required omission of Tenant hereundershall affect or limit the obligation of the insurer to pay the amount of any covered loss sustained, and (b) the policy shall provide that Landlord shall receive at least thirty (30) days’ written notice of any-cancellation thereof. The policy required pursuant to this Article 13 shall be for a combined single limit with respect to each occurrence in no manner an amount of $3,000,000 for injury (or death) to personal and damage to property, which amount may be liable increased (not more frequently than one (1) time in every three (3) years) to that amount of insurance which in Landlord’s reasonable judgment is then being customarily required by prudent landlords of first class demised premises in New Haven County of tenants having substantially similar office or ancillary uses to those of Tenant. All insurance required to be carried by Tenant for pursuant to the terms of this Lease shall be effected under valid and enforceable policies issued by reputable and independent insurers licensed to do business in the State of Connecticut, and rated in Best’s Insurance Guide, or any insufficiency successor thereto (or if there be none, an organization having a national reputation) as having a general policy holder rating of “A” and a financial rating of at least “XIII”. No failure on Tenant’s part to maintain any of coverage with regard the insurance required pursuant to this Article 13 shall vitiate Tenant’s liability to indemnify Landlord and all other parties named herein as additional insureds from and against all claims, damages, loss, liability and expense which would otherwise have been covered by such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancecoverage.

Appears in 1 contract

Samples: Lease (Replidyne Inc)

Liability Insurance. Tenant shallThroughout the Term, during Tenant, at its sole cost and expense, shall keep or cause to be kept for the entire term hereofmutual benefit of Landlord, keep in full force Landlord's managing agent, (presently Eola Capital LLC) and effect bodily injury Tenant, Commercial General Liability Insurance (1986 ISO Form or its equivalent) with a combined single limit, each Occurrence and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE General Aggregate-per location of at least TWO MILLION DOLLARS ($1,000,000) per injury 2,000,000), which policy shall insure against liability of Tenant, arising out of and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years connection with Tenant's use of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by LandlordPremises, and Tenant as insured, and which shall contain a clause that insure the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Leaseindemnity provisions contained herein. In the event that Tenant shall fail to obtain or maintain exercises the Renewal Option provided for in full force and effect any insurance coverage required to be obtained by Tenant under this LeaseExhibit E attached hereto, then at the time of such renewal, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective require the limits to be increased if in its reasonable judgment (or that a lesser premium of its mortgagee) the coverage is insufficient. Tenant shall also carry the equivalent of ISO Special Form Property Insurance on its personal property and fixtures located in the Premises and any improvements made by Tenant for such insurance coverage may have been obtained from another insurance carriertheir full replacement value and with coinsurance waived, and Tenant shall pay neither have, nor make, any claim against Landlord for any loss or damage to the same, regardless of the cause thereof. Prior to taking possession of the Premises, and annually thereafter, Tenant shall deliver to Landlord certificates or other evidence of insurance satisfactory to Landlord. All such policies shall be non-assessable and shall contain language to the extent obtainable that: (i) that the policies are primary and non-contributing with any insurance that Landlord may carry, and (ii) that the policies cannot be canceled, non-renewed, or coverage reduced except after thirty (30) days' prior written notice to Landlord. If Tenant fails to provide Landlord with such certificates or other evidence of insurance coverage, Landlord may obtain such coverage and Tenant shall reimburse the cost thereof on demand. Anything in this Lease to the contrary notwithstanding, Landlord hereby releases and waives unto Tenant (including all partners, stockholders, officers, directors, employees and agents thereof), its successors and assigns, and Tenant hereby releases and waives unto Landlord (including all partners, stockholders, officers, directors, employees and agents thereof), its successors and assigns, all rights to claim damages for any injury, loss, cost or damage to persons or to the Premises or any other casualty, as additional rentlong as the amount of which injury, upon demand of loss, cost or damage has been paid either to Landlord, Tenant, or any other person, firm or corporation, under the terms of any Property, General Liability, or other policy of insurance, to the extent such releases or waivers are permitted under applicable law. As respects all policies of insurance carried or maintained pursuant to this Lease and to the extent permitted under such policies, Tenant and Landlord each waive the insurance carriers’ rights of subrogation. Subject to the foregoing, Tenant shall indemnify and hold Landlord harmless from and against any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required claims arising out of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure (i) Tenant's use of coverage with regard to such insurance the Premises or any loss to part thereof, (ii) any activity, work, or other thing done, permitted or suffered by Tenant occasioned therebyin or about the Premises or the Building, and additionallyor any part thereof, (iii) any breach or default by Tenant in the procurement performance of such insurance by Landlord shall not relieve Tenant any of its obligations under this Lease Lease, or (iv) any act or negligence of Tenant, or any officer, agent, employee, contractor, servant, invitee or guest of Tenant; and in each case from and against any and all damages, losses, liabilities, lawsuits, costs and expenses (including attorneys' fees at all tribunal levels) arising in connection with any such claim or claims as described in (i) through (iv) above, or any action brought thereon. If such action is brought against Landlord, Tenant upon notice from Landlord shall defend the same through counsel selected by Tenant's insurer, or other counsel acceptable to maintain insurance coverage in Landlord. Tenant assumes all risk of damage or loss to its property or injury or death to persons in, on, or about the types and amounts herein specifiedPremises, from all causes except those for which the law imposes liability on Landlord regardless of any attempted waiver thereof, and Tenant hereby waives such claims in respect thereof against Landlord. The provisions of this paragraph shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from survive the termination of this Lease. Tenant’s failure insurance policies required by this Lease shall: (i) be issued by insurance companies licensed to maintain such insurancedo business in the state in which the Premises are located with a general policyholder's ratings of at least A- and a financial rating of at least VI in the most current Best's Insurance Reports available on the Commencement Date, or if the Best's ratings are changed or discontinued, the parties shall agree to a comparable method of rating insurance companies; (ii) name the non-procuring party as an additional insured as its interest may appear [other landlords or tenants may be added as additional insureds in a blanket policy]; (iii) provide that the insurance not be canceled, non-renewed or coverage materially reduced unless thirty (30) days advance notice is given to the non-procuring party; (iv) be primary policies; (v) have no deductible exceeding Ten Thousand and No/100 Dollars ($10,000.00), unless accepted in writing by Landlord; and (vi) be maintained during the entire Term and any extension terms.

Appears in 1 contract

Samples: Lease (nFinanSe Inc.)

Liability Insurance. Tenant shall, during the entire term hereofat Tenant's expense, obtain and keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of during the term of this Lease, provided that such increase shall not cause the required limits Lease a policy of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, comprehensive public liability insurance insuring Landlord and Tenant against claims and liabilities arising out of the operation, use, or occupancy of the Premises and all areas appurtenant thereto, including parking areas. Such insurance shall be in an amount of not less than Three Million Dollars ($3,000,000.00) for bodily injury or death as insureda result of any one occurrence and Five Hundred Thousand Dollars ($500,000.00) for damage to property, and shall contain as a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior noticeresult of any one occurrence. The insurance shall be in an insurance company licensed with companies approved by Landlord, which approval Landlord agrees not to withhold unreasonably. Tenant shall deliver to Landlord, prior to possession, and at least thirty (30) days prior to the State of Florida and a copy of the policy or expiration thereof, a certificate of insurance shall be delivered to Landlord prior to evidencing the commencement existence of the term policy required hereunder and such certificate shall certify that the policy (1) names Landlord as an additional insured, (2) shall not be canceled or altered without thirty (30) days prior written notice to Landlord, (3) insures performance of this Leasethe indemnity set forth in Paragraph 8.A above, and (4) the coverage is primary and any coverage by Landlord is in excess thereto. In no event shall Landlord may maintain a policy or policies of comprehensive 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 or resulting from an occurrence in, on or about the Premises, with such limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium from time to time determine are reasonably necessary for its protection. The cost of any such liability insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance maintained by Landlord shall not relieve be paid for by Tenant of its obligations as Additional Rent. Landlord shall name Tenant as additional insured under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such Landlord's liability insurance.

Appears in 1 contract

Samples: Sublease Agreement (Netgear Inc)

Liability Insurance. Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND TWO MILLION DOLLARS ($500,0002,000,000.00) / ONE MILLION DOLLARS ($1,000,0001,000,000.00) per injury and accident, respectively; property damage insurance in an amount not less than ONE SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($100,000750,000.00); and worker’s 's compensation insurance in the maximum amount permitted under Florida Nevada law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida Nevada and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s 's failure to maintain such insurance.

Appears in 1 contract

Samples: Lease (Radiation Therapy Services Inc)

Liability Insurance. Tenant shall, during the entire term hereof, shall obtain at its own expense and keep in full force and effect bodily injury and public during the Term, a policy of commercial general liability insurance (including, without limitation, insurance covering Tenant’s contractual liability under this Lease), under which Tenant is named as the insured, and Landlord, Landlord’s managing agent, the present and any future mortgagee of the Real Property or the Building and/or such other designees specified by Landlord from time to time, are named as additional insureds. Such policy shall contain a provision that no act or omission of Tenant shall affect or limit the obligation of the insurance company to pay the amount of any loss sustained. Such policy shall also contain a provision which provides the insurance company will not cancel or refuse to renew the policy, or change in any material way the nature or extent of the coverage provided by such policy, without first giving Landlord at least thirty (30) days written notice by certified mail, return receipt requested, which notice shall contain the policy number and the names of the insureds and policy holder. The minimum limits of liability shall be a combined single limit with respect to each occurrence in an amount of not less than FIVE HUNDRED THOUSAND DOLLARS $4,000,000 for injury (or death) and damage to property or such greater amount as Landlord may, from time to time, reasonably require. Such coverage may be maintained by a combined single limit policy in the amount of $500,000) / ONE MILLION DOLLARS (3,000,000.00 and an “umbrella” or excess coverage policy in the amount of $1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s 9,000,000.00. Tenant shall also maintain at its own expense during the Term a policy of workers’ compensation insurance in providing statutory benefits for Tenant’s employees and employer’s liability. Tenant shall provide to Landlord upon execution of this Lease and at least thirty (30) days prior to the maximum amount permitted under Florida law. Landlord may require such termination of any existing policy, a certificate evidencing the effectiveness of the insurance coverage policies required to be increased after maintained hereunder which shall include the first five years named insured, additional insured, carrier, policy number, limits of liability, effective date, the name of the term insurance agent and its telephone number. Tenant shall provide Landlord with a complete copy of this Lease, provided any such policy upon written request of Landlord. Tenant shall have no right to obtain any of the insurance required hereunder pursuant to a blanket policy covering other properties unless the blanket policy contains an endorsement that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name names Landlord, any personLandlord’s managing agent and/or designees specified by Landlord from time to time, firms or corporations designated by Landlordas additional insureds, references the Premises, and Tenant as insured, and guarantees a minimum limit available for the Premises equal to the amount of insurance required to be maintained hereunder. Each policy required hereunder shall contain a clause that the insurer will not cancel or change policy and the coverage evidenced thereby shall be primary with respect to any policies carried by Landlord, and that any coverage carried by Landlord shall be excess insurance. The limits of the insurance without first giving the Landlord twenty (20) days prior notice. The insurance required under this subsection shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting not limit the liability of Tenant under this Lease. All insurance required to be carried by Tenant pursuant to the terms of this 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, and rated in Best’s Insurance Guide, or any successor thereto (or if there be none, an organization having a national reputation) as having a general policyholder rating of “A-” and a financial rating of at least “10”. In the event that Tenant shall fail fails to obtain or continuously maintain in full force and effect any insurance coverage as required to be obtained by Tenant under this Leasesubsection, Landlord may procure same from insurance carriers as Landlord may deem propermay, irrespective that a lesser premium for at its option and without relieving Tenant of any obligation hereunder, order such insurance coverage may have been obtained from another insurance carrierand pay for the same at the expense of Tenant provided Landlord first gives Tenant notice and five (5) days to cure said failure. In such event, and Tenant shall pay as additional rent, upon demand of repay the amount expended by Landlord, any and all premiumswith interest thereon, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenantimmediately upon Landlord’s failure to maintain such insurancewritten demand therefor.

Appears in 1 contract

Samples: Agreement of Lease (Yodle Inc)

Liability Insurance. Tenant shall, during at its sole cost and expense, procure and maintain through the entire term hereof, keep in full force and effect Lease Term Commercial General Public Liability insurance against claims for bodily injury or death and public liability property damage occurring in or upon or resulting from the Premises, such insurance to insure both Tenant and, as an additional named insured, Landlord and its officers, employees and agents, to be in an amount standard form, to be issued by such insurance company or companies as may have a Best's Insurance rating of A-IX or better, and to afford immediate protection, to the limit of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury 3,000,000 in respect of any one accident or occurrence, and accident, respectively; property damage insurance in an amount to the limit of not less than ONE HUNDRED THOUSAND DOLLARS $500,000 for property damage, with not more than $5,000 deductible. Such Commercial General Public Liability insurance shall include Blanket Contractual Liability coverage which insures contractual liability under the indemnification of Landlord by Tenant set forth in this Lease ($100,000but such coverage or the amount thereof shall in no way limit such indemnification); . Tenant shall maintain with respect to each policy or agreement evidencing such Commercial General Public Liability insurance and worker’s compensation each policy or agreement evidencing the insurance required pursuant to Paragraph 18 above, such endorsements as may be required by Landlord and shall at all times deliver and maintain with Landlord a duplicate original or certified copy of such policies or a certificate with respect to such insurance in form satisfactory to Landlord. Tenant shall obtain a written obligation on the maximum amount permitted under Florida law. part of each insurance company to notify Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty at least fifteen (2015) days prior noticeto cancellation of such insurance. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy Such policies or a certificate duly executed certificates of insurance relating thereto shall be delivered to Landlord prior to the commencement Tenant's occupancy of the term Premises and renewals thereof as required shall be delivered to Landlord at least thirty (30) days prior to the expiration of this Leasethe respective policy terms. In no event shall If Tenant fails to comply with the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail foregoing requirements relating to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Leaseinsurance, Landlord may procure same from insurance carriers as Landlord may deem propermay, irrespective that a lesser premium for following ten (10) days written notice to Tenant, obtain such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand to Landlord within thirty (30) days of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required receipt of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, an invoice the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancepremium cost thereof.

Appears in 1 contract

Samples: Crossroads Systems Inc

Liability Insurance. Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE 500,000)/ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s 's compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty thirty business (2030) days prior written notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same came from such insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding the foregoing sentence, in the event Landlord shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s 's failure to maintain such insurance.

Appears in 1 contract

Samples: Lease Agreement (Radiation Therapy Services Inc)

Liability Insurance. Tenant shall, during the entire term hereofat Tenant’s expense, obtain and keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of during the term of this Lease, provided that such increase a policy of comprehensive public liability insurance insuring Landlord and Tenant against any liability arising out of the ownership, use, occupancy, maintenance, repair or improvement of the Premises and as appurtenant thereto. Such insurance shall not cause the required provide $1,000,000.00 combined single limit for bodily injury and property damage. The limits of coverage to exceed those then commonly prevailing in said insurance shall not, however, limit the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlordliability of the Tenant hereunder, and Tenant as insured, and shall contain a clause is responsible for ensuring that the insurer will amount of liability insurance carried by Tenant is sufficient for Tenant’s purposes. Tenant may carry said insurance under a blanket policy, satisfactory to Landlord. If Tenant shall fail to procure and maintain said insurance, Landlord may, but shall not cancel or change be required to, procure and maintain same, but at the insurance without first giving the Landlord twenty (20) days prior noticeexpense of Tenant. The insurance Insurance required hereunder shall be in an insurance company licensed by the State of Florida and a copy of the policy companies rated A + AAA or a certificate of insurance better in “Best’s Insurance Guide.” Tenant shall be delivered deliver to Landlord prior to the commencement occupancy of the term Premises copies of this Leasepolicies of liability insurance required herein or certificates evidencing the existence and amounts of such insurance with evidence satisfactory to Landlord of payment of premiums. In no event No policy shall be cancelable or subject to reduction of coverage except after fifteen (15) days’ prior written notice to Landlord. Tenant acknowledges and agrees that insurance coverage carried by Landlord will not cover Tenant’s property within the limits of said insurance policies be considered as limiting Premises or the liability of Tenant under this Lease. In the event Complex and that Tenant shall fail to obtain or maintain in full force be responsible, at Tenant’s sole cost and effect any expense, for providing insurance coverage required to be obtained by Tenant under this Leasefor Tenant’s movable equipment, Landlord may procure same from insurance carriers as Landlord may deem properfurnishing, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carriertrade fixtures and other personal property in or upon the Premises or the Complex, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency alterations, additions or failure improvements to or of coverage with regard to such insurance the Premises or any loss to Tenant occasioned therebypart thereof made by Tenant, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless event of damage or loss thereto from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancecause whatsoever.

Appears in 1 contract

Samples: Lease (Advanced Power Technology Inc)

Liability Insurance. (a) All insurance required to be carried by Tenant shall, during the entire term hereof, keep in full force hereunder shall be issued by responsible insurance companies which are rated by Best Insurance Reports as A:VII or better and effect bodily injury acceptable to Landlord and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury Landlord's lender and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance licensed or authorized to do business in the maximum amount permitted under Florida lawState of Colorado. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) Each policy shall name Landlord, and at Landlord's request any person, firms or corporations designated by mortgagee of Landlord, and Tenant as an additional insured, and as their respective interests may appear. Each policy shall contain (i) a clause separation of insureds condition, (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 for Landlord's interest only, and (iii) a waiver by the insurer will not cancel of any right of subrogation against Landlord, its agents, employees and representatives, which arises or change the insurance without first giving the Landlord twenty 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 (20) days prior notice. The insurance shall be in an insurance company licensed authenticated by the State of Florida and a copy insurer) or certificate of the insurer evidencing the existence and amount of each insurance policy or a certificate of insurance required hereunder shall be delivered to Landlord before the date Tenant is given 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, materially changed or reduced in coverage except after thirty (30) 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 commencement of the term of this Leaseexpiration thereof. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event agrees that if Tenant shall fail to obtain or does not take out and maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Leasesuch insurance, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord (but shall not relieve Tenant of its obligations under this Lease to maintain be required to) procure said insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from on Tenant’s failure to maintain such insurance.'s behalf and

Appears in 1 contract

Samples: Office Building Lease (Doubleclick Inc)

Liability Insurance. Tenant shallFor the duration of Indemnitee’s service as a director and/or officer of the Company, during and thereafter for so long as Indemnitee shall be subject to any pending Claim relating to an Indemnifiable Event, the entire term hereof, keep Company shall use commercially reasonable efforts (taking into account the scope and amount of coverage available relative to the cost thereof) to continue to maintain in full force effect policies of directors’ and effect bodily injury and public officers’ liability insurance providing coverage that is at least substantially comparable in scope and amount to that provided by the Company’s current policies of directors’ and officers’ liability insurance. In all policies of directors’ and officers’ liability insurance maintained by the Company, Indemnitee shall be named as an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury insured in such a manner as to provide Indemnitee the same rights and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in benefits as are provided to the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years most favorably insured of the term of this LeaseCompany’s directors, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlordif Indemnitee is a director, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or Company’s officers, if Indemnitee is an officer (and not a certificate director) by such policy. Upon request, the Company will provide to Indemnitee copies of all directors’ and officers’ liability insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Leaseapplications, binders, policies, declarations, endorsements and other related materials. In the event that Tenant of and immediately upon a Change in Control, the Company shall fail use commercially reasonable efforts to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective ensure that a lesser policy or policies of insurance (which may be a “tail” policy) shall be continued, procured and otherwise maintained in effect for a period of six (6) years from the date on which such Change in Control is effective (the “Change in Control Coverage”), providing Indemnitee with coverage for losses from alleged acts of the Indemnitee relating to Indemnitee’s services to the Company occurring on or before the effective date of the Change in Control. If directors’ and officers’ liability insurance is in place immediately prior to the Change in Control, then the Company shall use commercially reasonable efforts to (i) ensure that the Change in Control Coverage shall contain limits, retentions or deductibles, terms and exclusions that are no less favorable to Indemnitee than those set forth above, (ii) ensure that each policy evidencing the Change in Control Coverage shall be non-cancellable by the insurer except for non-payment of premium for and (iii) ensure that no such insurance coverage may have been obtained from another insurance carrier, and Tenant policy shall pay as additional rent, upon demand contain any provision that limits or impacts adversely any right or privilege of Landlord, any and all premiums, costs, charges and expenses incurred or expended Indemnitee given by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceAgreement.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Gastar Exploration Inc.)

Liability Insurance. Tenant shallshall carry public liability insurance in a company or companies licensed to do business in the City of Philadelphia and approved by Landlord. Said insurance shall be in minimum amounts approved by Landlord from time to time (as set forth in the rules and regulations attached hereto as Exhibit C), during the entire term hereofshall name Landlord as an additional insured, keep as its interests may appear, and shall contain an endorsement that such policy shall remain in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in notwithstanding that the maximum amount permitted under Florida lawinsured has waived his right of action against any party prior to the occurrence of a loss. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the If required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of receipts evidencing payment for said insurance shall be delivered to Landlord at least annually by Tenant. Each policy shall contain an endorsement that will prohibit its cancellation prior to the commencement expiration of fifteen (15) days after notice of such proposed cancellation to Landlord. Services and Utilities 12. It is agreed that the Landlord will furnish reasonably adequate heat and water. The Landlord will also provide elevator service by means of automatically-operated elevators, provided, however, that the Landlord shall have the right to remove elevators from service as the same shall be required for moving freight, or for servicing or maintaining the elevators and/or the Building. The normal hours of operation of the term Building are 8:00 a.m. to 6:00 p.m. Monday through Friday (except legal holidays.) There are no normal hours of operation of the building on Saturdays of Sundays or legal holidays and Landlord shall not be obligated to maintain or operate the Building at such times unless special arrangements are made by Tenant. Landlord will furnish all services and utilities required by this LeaseLease only during the normal hours of operation of the Building, unless otherwise specified herein. In no event One automatically operated elevator shall be subject to call at all times. It is understood and agreed that Landlord shall not be liable for failure to furnish, or for delays, suspensions or reduction in furnishing, any of the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain utilities or maintain in full force and effect any insurance coverage services required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended performed by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required caused by breakdown, maintenance, repairs, strikes, scarcity of Tenant hereunderlabor or materials, Landlord shall in no manner be liable acts of God, Landlord’s conformance to Tenant for any insufficiency governmental legislation, regulation or failure of coverage with regard to such insurance judicial or any loss to Tenant occasioned therebyadministrative orders, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless or from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceother cause whatsoever. SUBJECT TO THE PROVISIONS OF PARAGRAPH 35 BELOW.

Appears in 1 contract

Samples: Agreement of Lease (SunGard Availability Inc.)

Liability Insurance. Tenant shall, during the entire term hereofat its own cost and expense, keep and maintain in full force and effect bodily injury and public during the Lease Term, a policy of comprehensive/commercial general liability insurance in an amount insuring Tenant’s activities with respect to the Leased Premises, Bank of America Building and Bellevue Place against loss, damage or liability for personal injury or death or loss or damage to property with a limit of not less than FIVE HUNDRED THOUSAND DOLLARS Two Million Dollars ($500,0002,000,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentcombined single limit for policies without a general aggregate limit. For policies with a general aggregate limit, respectively; property damage insurance in an amount such aggregate limit shall be not less than ONE HUNDRED THOUSAND DOLLARS Two Million Dollars ($100,0002,000,000) and include an endorsement providing that the foregoing limit shall apply per Xxxxxxxxxx.xxx NNN Lease 21 location, including the Leased Premises, and have an occurrence limit not less than Two Million Dollars ($2,000,000); and worker. In the event Tenant obtains a policy with a general aggregate limit, Tenant shall immediately notify Landlord if claims covered by such policy or policies at any time are made against Tenant which claims exceed fifty percent (50%) or more of the aggregate limit. Notwithstanding the foregoing, if during the Lease Term, in Landlord’s compensation insurance in reasonable judgment, the maximum amount permitted under Florida law. policy limits required hereunder are no longer adequate to provide reasonable protection to Landlord, Landlord may require notify Tenant of such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits inadequacy and an appropriate level of coverage and Tenant, within thirty (30) days of receiving such a notice, shall obtain such additional amounts of insurance and provide Landlord with satisfactory evidence thereof. Reference may be made to exceed those then commonly prevailing in the marketplace policy amounts required by other landlords for similar situationsspace and operations in determining what is reasonable protection hereunder. The policy(s) insurance required under this Section shall name be with companies rated A-VII or better in Best’s Insurance Guide. Landlord, Xxxxxx Development Company, and any person, firms or corporations other parties in interest designated by Landlord, and Tenant shall be named as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior noticeadditional insureds. The insurance policy shall be in bear an insurance company licensed by the State of Florida and a copy of endorsement that the policy shall not be cancelled or a certificate the policy limits reduced by endorsement below the coverage required by this Lease for any reason other than nonpayment of insurance shall be delivered premiums except upon forty-five (45) days’ prior written notice to Landlord and only after ten (10) days’ prior written notice for non-payment of premiums. Tenant shall deliver to Landlord upon the commencement Commencement Date and from time to time thereafter as requested by Landlord copies of all policies of such insurance or certificates thereof, including applicable endorsements, showing Landlord as an additional insured and the term of this Leaseapplicable policy limits thereof. In no event shall the limits of said insurance such policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.

Appears in 1 contract

Samples: First Lease Addendum (Smartsheet Inc)

Liability Insurance. Tenant shall, at Tenant's expense, obtain and keep in force during the entire term hereofof this Lease a policy of Commercial General Liability insurance including personal injury liability, keep property damage liability, contractual liability, products and completed operations liability insuring Tenant, Landlord, its agents and mortgagee against any liability arising out of the ownership, use, occupancy or maintenance of the Premises. Such insurance shall be in full force the amount of not less than Three Million and effect no/100ths dollars ($3,000,000.00) for bodily injury and public property damage for any one accident or occurrence. Fire legal liability insurance in an amount of not less than FIVE HUNDRED THOUSAND DOLLARS Fifty Thousand and no/100ths Dollars ($500,00050,000.00) / ONE MILLION DOLLARS ($1,000,000) per injury shall also be obtained and accident, respectively; property damage insurance kept in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of force during the term of this LeaseLease at Tenant's expense. The limit of any of such insurance shall not limit the liability of Tenant hereunder. Tenant may provide this insurance under a blanket policy, provided that such increase insurance shall have a landlord's protective liability endorsement specifically describing the Premises. If Tenant fails to procure and maintain such insurance, Landlord may, but shall not cause be required to procure and maintain the required limits same, at Tenant's expense to be reimbursed by Tenant within ten (10)days of coverage to exceed those then commonly prevailing in the marketplace for similar situationswritten demand. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the All insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant hereunder shall be issued by companies acceptable to Landlord. Thirty (30) days prior to the Lease Commencement Date, Tenant shall deliver to Landlord certified copies of policies or, at Landlord's discretion, certificates of liability insurance required herein with loss payable clauses satisfactory to Landlord. Any deductible under this Leasesuch insurance policy in excess of Ten Thousand and no/100ths Dollars ($10,000.00) must be approved by Landlord in writing prior to issuance of such policy. No policy shall be cancelable or subject to reduction of coverage except upon thirty (30) days' prior written notice to Landlord. All such policies shall name Landlord and its agents as named insureds, shall be written as primary policies not contributing with and not in excess of coverage which Landlord may procure same from carry, and shall be written with an insurance carriers carrier satisfactory to Landlord with a Best rating of at least A- VIII. From time to time, as Landlord may deem properor its mortgagee deems necessary, irrespective that a lesser premium for such the insurance coverage may have been obtained from another insurance carrierand limits of such coverage required hereunder will be reviewed; by Landlord, and Tenant shall pay as additional rent, upon demand will be notified of any revisions or increases thereto required by Landlord, Tenant shall obtain any and all premiums, costs, charges and expenses incurred revised or expended increased coverage required by Landlord in obtaining within thirty (30) days of any such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless notification from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceLandlord.

Appears in 1 contract

Samples: Lease (Smtek International Inc)

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Liability Insurance. A. Tenant shall, during the entire term hereof, keep in full force shall obtain and effect bodily injury and maintain public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury form and accidentsubstance reasonably satisfactory to Landlord or as required by any Mortgagee, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); from time to time insuring Landlord and worker’s compensation insurance in the maximum amount permitted under Florida law. if Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlordso elects, any person, firms or corporations designated Mortgagee and such other person(s) as required by Landlord, against claims for bodily injury or death or property damage occurring in or about the Premises and Tenant on, in or about the adjoining driveways and passageways, with limits as insuredreasonably required by Landlord or as required by any Mortgagee, from time to time, but in no event with combined single limits less than Three Million Dollars ($3,000,000.00) per occurrence, and in the aggregate. Such liability insurance shall, in addition, extend, through contractual liability insurance, to any liability of Tenant arising out of the indemnifications provided in this Lease and shall contain a clause be subject to the waiver of subrogation specified in this Lease. Such policy of insurance shall provide that notwithstanding any negligent act of Tenant which might otherwise result in its forfeiture, the insurer will policy shall not cancel or change the insurance be canceled without first giving the Landlord twenty at least thirty (2030) days prior noticewritten notice to each named insured. The insurance A copy of (or, if satisfactory to each Mortgagee, a certificate evidencing) said policy shall be in an insurance company licensed delivered to Landlord, prior to the Commencement Date and as otherwise reasonably required by the State Landlord or as required by any Mortgagee, and evidence of Florida and a copy of the policy or a certificate of insurance renewals shall be delivered to Landlord prior annually and as otherwise reasonably required by Landlord or as required by any Mortgagee. If Tenant is required to the commencement of the term of this Lease. In no event shall the limits supply a copy of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunderpolicy, Landlord shall be responsible for the copying costs incurred in no manner be liable to Tenant for any insufficiency or failure obtaining a copy of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancesaid policy.

Appears in 1 contract

Samples: Lease Agreement (Earthshell Corp)

Liability Insurance. Paragraph 16 of the Lease is hereby amended to provide that Tenant shall, during the entire term hereof, keep in full force shall obtain and effect bodily injury and public maintain comprehensive general liability insurance on an occurrence basis with limits of liability in an amount not less than FIVE HUNDRED THOUSAND DOLLARS $2,000,000 ($500,000Two Million Dollars) / ONE MILLION DOLLARS combined single limit for each occurrence. The comprehensive general liability policy shall include contractual liability which includes the provisions of Paragraph 14 of the Lease ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in it is the parties' intent to provide coverage to the maximum amount permitted extent possible of Tenant's indemnification obligations under Florida lawthis Lease; however, it is understood that the insurance requirements are independent of Tenant's exculpation, indemnification and other obligations under this Lease and shall not be construed or interpreted in any way to restrict, limit or modify Tenant's exculpation, indemnification and other obligations or to limit Tenant's liability under this Lease). Tenant shall furnish to Landlord may require certificates of insurance and copies of the policies evidencing the aforesaid insurance coverage, including naming Landlord as an additional insured. Renewal certificates must be furnished to Landlord at least thirty (30) days prior to the expiration date of such insurance policies showing the above coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect effect. Tenant's liability coverage shall include all of the coverages typically provided by the Broad Form Comprehensive General Liability Endorsement, including broad form property damage coverage (which shall include coverage for completed operations). Tenant's liability coverage shall further include premises-operations coverage, products-completed operations coverage and owners and contractors protective coverage (when reasonably required by Landlord). Tenant's general liability policies shall be endorsed as needed to provide cross-liability coverage for Tenant, Landlord and any lender of Landlord of which Tenant has been notified and to provide severability of interests. Said liability policies shall be endorsed as needed to provide that the insurance afforded by the policies to the additional insureds relating to the Premises is primary and that all insurance carried by Landlord is strictly excess and secondary and shall not contribute with Tenant's liability insurance. The coverage required afforded to be obtained Landlord and any lender of Landlord by Tenant under this Lease, Landlord may procure same from insurance carriers must be at least as Landlord may deem proper, irrespective broad as that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable afforded to Tenant for and may not contain any insufficiency terms, conditions, exclusions or failure of coverage with regard limitations applicable to such insurance Landlord or any loss lender of Landlord that do not apply to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.

Appears in 1 contract

Samples: Lease (Quokka Sports Inc)

Liability Insurance. Tenant shallTenant, during the entire term hereofat Tenant's expense, agrees to obtain and keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of during the term of this LeaseLease a policy of commercial general liability insurance against any and all claims for personal injury, provided that death, property damage, within or about the Premises, covering bodily injury and property damage claims. Such insurance shall also contain a cross-liability clause and shall insure Tenant's performance of the indemnity agreement set forth in Paragraph 18, although Tenant's obligations pursuant to such increase indemnity shall not cause be limited to the amount of any insurance required limits of, or otherwise carried by, Tenant. Such liability insurance shall have a combined single limit of coverage not less than Two Million Dollars ($2,000,000) and certificates evidencing such insurance shall be furnished to exceed those then commonly prevailing Landlord prior to Tenant's occupancy of the Premises. The policy or policies affecting such insurance shall name Landlord and the beneficiary or mortgagee of any deed of trust or mortgage affecting the Premises as additional insureds, and shall insure any liability of Landlord, contingent or otherwise, with respect to any act or omission of Tenant, its agents, employees or invitees or otherwise by any conduct or transactions of any said persons in or about or concerning the Premises, including any failure of Tenant to observe or perform any of its indemnity obligations hereunder; shall be issued by an insurance company admitted to transact business in the marketplace for similar situationsState of California having a rating of "A" or better in "Best's Insurance Guide"; and shall provide that the insurance effected thereby shall not be canceled, except upon thirty (30) days prior written notice to Landlord. The policy(s) Said liability insurance shall name Landlord, be primary and not contributing to any person, firms or corporations designated by insurance available to Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The Landlord's insurance shall be in an excess thereto. If, during the Lease Term, in the considered opinion of Landlord's lender, insurance company licensed by advisor, or counsel, the State of Florida and a copy of the policy or a certificate amount of insurance shall be delivered described in this Paragraph 15 is materially insufficient as compared to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage being required of other commercial tenants of comparable premises in the Sunnyvale, California area, Tenant hereunder, Landlord shall in no manner be liable agrees to Tenant for any insufficiency or failure of increase said coverage with regard to such reasonable amount as Landlord's insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord consultant shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancerecommend.

Appears in 1 contract

Samples: Lease Agreement (Logic Devices Inc)

Liability Insurance. Tenant shall, during the entire term hereofat Tenant’s expense, obtain and keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of during the term of this LeaseLease a policy of comprehensive public liability insurance with minimum amounts of $1,000,000.00 per Occurrence and an aggregate limit of $2,000,000.00 for property damage, provided that such increase and combined limits of $1,000,000.00 per Occurrence and an aggregate limit of $2,000,000.00 per individual and per incident for personal and bodily injury, insuring Landlord and Tenant against liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. The limit of said insurance shall not, however, limit the liability of the Tenant hereunder. Tenant may carry said insurance under a blanket policy, providing, however, said insurance by Tenant shall list Landlord as Primary Additional Insured. If Tenant shall fail to procure and maintain said insurance, Landlord may, but shall not cause be required to, procure and maintain same, but at the expense of Tenant. Insurance required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlordhereunder, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy companies rated A-VII or a certificate of insurance better in “Best’s Insurance Guide”. Tenant shall be delivered deliver to Landlord prior to the commencement occupancy of the term Premises copies of this Lease. In no event shall policies of liability insurance required herein or certificates evidencing the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force existence and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement amounts of such insurance by with loss payable clauses satisfactory to Landlord naming Landlord as Primary Additional Insured. No policy shall not relieve be cancelable or subject to reduction of coverage except after thirty (30) days prior written notice to Landlord. Tenant of shall also at its obligations under this own expense maintain, during the Lease to maintain insurance coverage in the types and amounts herein specifiedTerm, and at any time prior to the Lease Term commencing with the date on which the Tenant shall nevertheless hold Landlord harmless from is given possession of the Premises for any loss or damage incurred or suffered by Landlord from Tenant’s failure reason, insurance covering its furniture, fixtures, equipment, all leasehold improvements and inventory in an amount equal to maintain such insurancenot less than 100% of the full replacement value thereof.

Appears in 1 contract

Samples: Eschelon Telecom Inc

Liability Insurance. Tenant shall, at Tenant’s expense, obtain and keep in force during the entire term hereofTerm and the Early Entry Period, keep in full force and effect a commercial general liability insurance policy insuring Tenant against the risks of bodily injury and public property damage, personal injury, contractual liability, completed operations, products liability, host liquor liability, owned and non-owned automobile liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be a combined single limit policy in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE FOUR MILLION DOLLARS ($1,000,0004,000,000.00) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida lawoccurrence. Landlord may require such insurance coverage to and any lender or other party in interest designated by Landlord shall be increased after the first five years named as additional insured(s). The policy shall contain cross-liability endorsements and shall insure performance by Tenant of the term indemnity provisions of this Lease; shall be primary, provided not contributing with, and not in excess of coverage which Landlord may carry; shall state that such increase Landlord is entitled to recovery for the negligence of Tenant even though Landlord is named as an additional insured; shall provide for severability of interest; shall provide that an act or omission of one of the insured or additional insureds which would void or otherwise reduce coverage shall not cause void or reduce coverages as to the required limits other insured or additional insured; and shall afford coverage after the Term (by separate policy or extension if necessary) for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of coverage to exceed those then commonly prevailing which occurred or arose) in whole or in part during the marketplace for similar situationsTerm. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the shall not limit any liability of Tenant under this Leasehereunder. In Not more frequently than every five (5) years, if, in the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand reasonable opinion of Landlord, any and all premiumsthe amount of liability insurance required hereunder is not adequate, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding Tenant shall procure promptly increase said insurance coverage as reasonably required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceLandlord.

Appears in 1 contract

Samples: Salient Lease Terms (Greektown Superholdings, Inc.)

Liability Insurance. Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of During the term of this LeaseLease Agreement, provided that such increase shall not cause the required Lessee agrees at its expense to provide and keep in force comprehensive general liability insurance with bodily injury liability limits of coverage $500,000.00 per person and $1,000,000.00 per accident, protecting Lessor and Lessee against any liability to exceed those then commonly prevailing any person whomsoever for injury to person or damage to property arising out of or in connection with the Lessee's use of the Leased Premises or in the marketplace for similar situationscondition of the Leased Premises. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, Lessee further agrees to have the Lessor named as a named insured in said policy of insurance and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and to provide a copy of said policy of insurance to Lessor prior to occupying the Leased Premises. The policy or a certificate of insurance shall be delivered require thirty (30) days advance written notice to Landlord prior to the commencement Lessor of any cancellation of the term policy of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding Lessor shall procure maintain comprehensive general liability insurance covering the parking and common areas protecting Lessor and Lessee against liability for injury to persons or damage to property resulting from Lessor's acts or omissions. Lessor agrees to provide and keep in force during the term hereof fire and extended coverage required insuring the Leased Premises and the building in which it is situated at full replacement value and to deliver a certificate to Lessee evidencing such coverage (and renewals of Tenant hereunder, Landlord such coverage). Lessor shall in no manner not be liable to Tenant Lessee or Lessee's employees, agents or invitees, or to any person whomsoever, for any insufficiency injury to person or failure damage to property on or about the Leased Premises, caused by negligence or misconduct of coverage with regard to such insurance Lessee, its agents, servants, employees or any loss to Tenant occasioned therebyinvitees, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease Lessee agrees to maintain insurance coverage in the types indemnify Lessor and amounts herein specified, and Tenant shall nevertheless hold Landlord Lessor harmless from any loss loss, expense or claims arising out of any such damage or injury. Lessee shall not be liable to Lessor or Lessor's employees, agents or visitors, or to any person whomsoever, for any injury to person or damage incurred to property on or suffered about the Leased Premises, caused by Landlord negligence or misconduct of Lessor, its agents, servants, employees or invitees, and Lessor agrees to indemnify Lessee and hold Lessee harmless from Tenant’s failure to maintain any loss, expense or claims arising out of any such insurancedamage or injury.

Appears in 1 contract

Samples: Lease Agreement (Freedom Financial Group Inc)

Liability Insurance. Tenant The Township shall, during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this LeaseAgreement, provided have in place a police professional liability insurance policy applicable to all claims or actions that such increase shall not cause may be brought against the required limits of coverage to exceed those then commonly prevailing in SRO, the marketplace for similar situationsTownship and/or the Township Police Department and which specifically encompasses the individual designated as the SRO. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance School District shall be in named as an additional insured with regard to the SRO’s actions, services or omissions provided pursuant to this Agreement and said policy shall provide insurance company licensed by coverage for the State School District for all claims, suits, damages, fees or expenses (including cost of Florida and a copy defense) arising out of any such acts, services or omissions of the policy or a certificate of insurance shall be delivered to Landlord prior to SRO and/or the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this LeaseTownship. In the event that Tenant there is any increase in the premiums for police professional liability insurance for the Township as a result of the School District being named as an additional insured or as a result of the Township entering this Agreement with the School District, either the School District shall fail pay the amount of the premium increase to obtain the Township immediately upon receiving notice of the same, or maintain the Township shall have the right immediately to terminate this Agreement, notwithstanding any provision in full force this Agreement to the contrary. The amount of such police professional liability insurance shall be a minimum of Five Million Dollars. (5,000,000.00). The Township shall provide written proof of said coverage prior to execution of this Agreement and effect any time thereafter on request of the School District. The insurance provided by the Township shall be deemed primary coverage required relating to the acts of the SRO and not excess. The School District shall, during the term of this Agreement, have in place a general liability insurance policy applicable to all claims or actions that may be obtained by Tenant under this Leasebrought against the School District, Landlord may procure same from insurance carriers as Landlord may deem properits employees, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrierservants, workmen, agents, representatives and independent contractors, and Tenant which specifically encompass all individuals who shall pay work with the SRO. The Township shall be named as an additional rentinsured insofar as the SRO is requested by any School District employee, agent or representative to participate and does participate in any School District activity upon demand of Landlord, any and all premiums, costs, charges and expenses incurred which a claim or expended by Landlord in obtaining such insuranceaction may be brought. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement The amount of such police professional liability insurance by Landlord shall not relieve Tenant be a minimum of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceFive Million Dollars. (5,000,000.00).

Appears in 1 contract

Samples: go.boarddocs.com

Liability Insurance. Tenant shall, during the entire term hereof, keep in full force WORKERS' COMPENSATION The University shall take out and effect bodily injury maintain a "claims-made" policy of general liability and public professional liability insurance in an amount (including personal injury with limits not less than FIVE HUNDRED THOUSAND DOLLARS $1 million per loss and damage to property of others up to $5,000 per incident), with extended reporting period of three ($500,0003) / ONE MILLION DOLLARS years, covering Students, and naming LEA as an additional named insured under such insurance policy or policies. Further, University agrees to maintain professional and comprehensive general liability insurance, with no exclusion for molestation or abuse, at a minimum of One Million Dollars ($1,000,000) per injury occurrence and accidentThree Million Dollars ($3,000,000) in aggregate throughout the course of this Agreement. Further, respectively; property damage insurance University shall provide written notice that should any of the above-described policies be cancelled before the expiration thereof, notice will be delivered in accordance with the policy provisions. University also agrees to maintain statutory Workers' Compensation coverage on its employees, as required by law at all times during the course of this Agreement. University shall provide certificates evidencing all coverage referred to in this Section within thirty (30) days of execution of this Agreement and thereafter, on an amount annual basis. If the coverage is ona claims-made basis, University hereby agrees that not less than ONE HUNDRED THOUSAND DOLLARS thirty ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (2030) days prior notice. The to the effective date of termination of University's current insurance coverage or termination of this Agreement, University shall be either purchase three (3) year tail coverage per claim or provide proof of continuous coverage in an insurance company licensed by the State above stated amounts for all claims arising out of Florida incidents occurring prior to termination of University’s current coverage or prior to termination of this Agreement, as applicable, and a copy of the policy or provide LEA a certificate of insurance evidencing such coverage. The University shall maintain, at their own expense, Automobile Liability insurance covering the use of all owned, non-owned and hired vehicles by University employees with the following minimum limits of liability: bodily injury liability - $1,000,000 combined single limit for bodily injury and/or property damage. The LEA shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered named as limiting an additional insured or covered party on the liability of Tenant under this Lease. In coverages maintained by the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrierUniversity set forth above, and Tenant such coverages shall pay as additional rent, upon demand be primary to any coverages maintained by the LEA. Limits of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding liability for each type of liability coverage shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceat least $1 million per claim per occurrence/ $2 million aggregate.

Appears in 1 contract

Samples: www.boarddocs.com

Liability Insurance. Tenant shall(11-18-08) SP1 G80 Page 1-68, during Article 107-16 is amended to include the entire term hereoffollowing as the first, keep second, third and fourth paragraphs: The Contractor shall be liable for any losses resulting from a breach of the terms of this contract. The Contractor shall be liable for any losses due to the negligence or willful misconduct of its agents, assigns and employees including any sub-contractors which causes damage to others for which the Department is found liable under the Torts Claims Act, or in full force the General Courts of Justice, provided the Department provides prompt notice to the Contractor and effect that the Contractor has an opportunity to defend against such claims. The Contractor shall not be responsible for punitive damages. The Contractor shall at its sole cost and expense obtain and furnish to the Department an original standard XXXXX form certificate of insurance evidencing commercial general liability with a limit for bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage in the amount of $5,000,000.00 per occurrence and general aggregate, covering the Contractor from claims or damages for bodily injury, personal injury, or for property damages which may arise from operating under the contract by the employees and agents of the Contractor. The required limit of insurance may be obtained by a single general liability policy or the combination of a general liability and excess liability or umbrella policy. The State of North Carolina shall be named as an additional insured on this commercial general liability policy. The policy may contain the following language as relates to the State as an additional insured: “This insurance with respect to the additional insured applies only to the extent that the additional insured is held liable for your or your agent’s acts or omissions arising out of and in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and the course of operations performed for the additional insured.” The Contractor shall maintain all legally required insurance coverage, including without limitation, worker’s compensation insurance and vehicle liability, in the maximum amount permitted under Florida amounts required by law. Landlord may require Providing and maintaining adequate insurance coverage is a material obligation of the contractor and is of the essence of this contract. All such insurance coverage to be increased after the first five years shall meet all laws of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of North Carolina. Such insurance coverage shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, companies that are authorized to provide such coverage and Tenant that are authorized by the Commissioner of Insurance to do business in North Carolina. The Contractor shall pay as additional rent, upon demand of Landlord, any and at all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage times comply with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement terms of such insurance by Landlord shall not relieve Tenant policies. Upon execution of its obligations under this Lease the contract, provide evidence of the above insurance requirements to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceEngineer.

Appears in 1 contract

Samples: www.durhamnc.gov

Liability Insurance. Tenant shallshall procure at Tenant's sole expense and keep in effect from the date of this Lease at all times until the end of the Term, Commercial General Liability insurance applying to the use and occupancy of the Premises, and any part of it, and any areas adjacent thereto, and the business operated by Tenant or by any other occupant of the Premises. Such insurance shall include Broad Form Contractual Liability insurance coverage insuring all of Tenant's indemnity obligations under this Lease. Such coverage shall have a minimum combined single limit of liability of at least Two Million Dollars ($2,000,000), and a minimum general aggregate limit of Three Million Dollars ($3,000,000), with an "Additional Insured - Managers or Lessors of Premises Endorsement" and the "Amendment of the Pollution Exclusion Endorsement". All such policies shall be written to apply to all bodily injury, property damage or loss, personal injury and other covered loss, however occasioned, occurring during the entire term hereofpolicy term, shall be endorsed to add Landlord and any party holding an interest to which this Lease may be subordinated as an additional insured, and shall provide that such coverage shall be "primary" and non-contributing with any insurance maintained by Landlord, which shall be excess insurance only. Such coverage shall also contain endorsements: (i) deleting any employee exclusion on personal injury coverage; (ii) including employees as additional insureds; and (iii) providing for coverage of employer's automobile non-ownership liability. All such insurance shall provide for the severability of interest of insureds; and shall be written on an "occurrence" basis, which shall afford coverage for all claims based on acts, omissions, injury and damage, which occurred or arose in whole or in part during the policy period. Tenant shall also procure at Tenant's sole cost and expense and keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in during the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term Term of this Lease, provided that such increase shall not cause Legal Liability Insurance covering direct physical damage and loss of use of the required limits Building of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and which Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be is legally obligated in an insurance company licensed by the State of Florida and a copy amount of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement full replacement value of the term of this LeaseBuilding. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.(3)

Appears in 1 contract

Samples: Lease Agreement (Integrated Packaging Assembly Corp)

Liability Insurance. Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and public Commercial general liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000providing coverage at least as broad as the current ISO form) / ONE MILLION DOLLARS ($1,000,000) per injury with respect to the Premises and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance Tenant's activities in the maximum amount permitted under Florida lawPremises and upon and about the Project, on an "occurrence" basis, with minimum limits of $3,000,000 each occurrence and $3,000,000 general aggregate. Landlord Limits may require such insurance coverage to be increased after the first five years provided through a combination of the term of this LeaseCommercial General Liability and Umbrella Liability policies, provided that such increase shall not cause minimum amounts set forth above are at all times available with respect to this Lease and the required limits of Premises. Such insurance must include specific coverage to exceed those then commonly prevailing in the marketplace provisions or endorsements (a) for similar situations. The policy(sbroad form contractual liability insurance insuring Tenant's obligations under this Lease; (b) shall name naming Landlord, Landlord's property manager and, if required, Mortgagee as additional insureds by an "Additional Insured - Managers or Lessors of Premises" endorsement (or equivalent coverage or endorsement); (c) waiving the insurer's subrogation rights against all Landlord Parties; (d) expressly stating that Tenant's insurance will be provided on a primary basis and will not contribute with any person, firms or corporations designated by Landlord, insurance Landlord maintains; and Tenant as insured, and shall contain a clause (e) providing that the insurer will has a duty to defend all insureds under the policy (including additional insureds), and that defense costs are paid in addition to, and do not cancel deplete, the policy limits. Tenant's shall provide Landlord with written notice of any modification which materially reduces or change otherwise impacts the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy required coverage as soon as practicable after Tenant becomes aware of the same (provided that Tenant will in no event consent to or otherwise permit a modification of Tenant's commercial general liability insurance policy in a manner which reduces the minimum limits thereunder below the minimum limits expressly required under this Section 10.1(a)) or a certificate of insurance shall be delivered to Landlord prior to the commencement any cancellation or expiration of the term of this Lease. In no event shall the limits of said commercial general liability insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage policy required to be obtained maintained by Tenant under this Lease, Landlord may procure same from Section 10.1(a). If Tenant provides such liability insurance carriers as Landlord may deem proper, irrespective that under a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionallyblanket policy, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under must be made specifically applicable to the Premises and this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceon a "per location" basis.

Appears in 1 contract

Samples: Lease (Yelp Inc)

Liability Insurance. Tenant shall, during the entire term hereof, shall purchase at its own expense and keep in full force and effect bodily during this Lease, a policy or policies of (i) commercial general liability insurance, including personal injury and public liability insurance property damage, in an the amount of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS (2,000,000.00 per occurrence and $1,000,000) 5,000,000.00 annual general aggregate per injury location, and accident, respectively; comprehensive automobile liability insurance covering Tenant against any losses arising out of liability for personal injuries or deaths of persons and property damage occurring in or about the Premises and Property and (ii) "all-risk" property insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS covering Tenant's Property ($100,000and damage to other property resulting from any acts or operations of Tenant); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase Said policies shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s(a) shall name Landlord, any person, firms or corporations designated by LandlordAgent, and Tenant any party holding an interest to which this Lease may be subordinated as insuredadditional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20b) days prior notice. The insurance shall be in issued by an insurance company with a Best rating of A-X or better and otherwise reasonably acceptable to Landlord and licensed by to do business in the State state in which the Property is located, (c) provide that said insurance shall not be canceled or materially modified unless 30 days' prior written notice shall have been given to Landlord, (d) provide coverage on an occurrence basis; (e) provide coverage for the indemnity obligations of Florida Tenant under this Lease; (f) contain a severability of insured parties provision and a copy of the cross liability endorsement; (g) be primary, not contributing with, and not in excess of, coverage that Landlord may carry; (h) include a hostile fire endorsement; and (i) otherwise be in such form and include such coverages as Landlord may reasonably require. Said policy or policies or, at Landlord's option, Certificate of Insurance, in a certificate of insurance form reasonably acceptable to Landlord, evidencing said policies, shall be delivered to Landlord by Tenant upon commencement of the Lease and renewals thereof shall be delivered at least 30 days prior to the commencement of the term of this Lease. In no event shall the limits expiration of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.

Appears in 1 contract

Samples: Lease Agreement (MRS Fields Financing Co Inc)

Liability Insurance. Tenant shallshall procure at Tenant's sole cost and expense and keep in effect from the date of this Lease and at all times until the end of the Term either Comprehensive General Liability Insurance or Commercial General Liability insurance applying to the use and occupancy of the Premises and the Building, and any part of either, and any areas adjacent thereto, and the business operated by Tenant, or by any other occupant on the Premises. Such insurance shall include Broad Form Contractual Liability insurance coverage insuring Tenant's indemnity obligations under this Lease. Such coverage shall have a minimum combined single limit of liability of at least One Million Dollars ($1,000,000.00), and a general aggregate limit of One Million Dollars ($ 1,000,000.00). All such policies shall be written to apply to bodily injury, property damage or loss, personal injury and other covered loss, however occasioned, occurring during the entire term hereofpolicy term, keep in full force shall be endorsed to add Landlord and effect bodily injury and public liability insurance in any party holding an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in interest to which this Lease may be subordinated as an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as additional insured, and shall provide that such coverage shall be primary and that any insurance maintained by Landlord shall be excess insurance only. Such coverage shall also contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty endorsements: (20i) days prior noticeincluding employees as additional insureds; (ii) deleting any liquor liability exclusion; and (iii) providing for coverage of employer's automobile non-ownership liability. The All such insurance shall be provide for severability of interests; and shall afford coverage for all claims based on acts, omissions, injury and damage, which claims occurred or arose (or the onset of which occurred or arose) in an insurance company licensed by the State of Florida and a copy of whole or in part during the policy or a certificate of insurance period. Said coverage shall be delivered to Landlord prior to written on an "occurrence" basis, if available. If an "occurrence" basis form is not available, Tenant must purchase "tail" coverage for the commencement most number of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrieryears available, and Tenant shall pay tenant must also purchase "tail" coverage if the retroactive date of a policy form is changed so as additional rentto leave a gap in coverage for occurrences that might have occurred in prior years. If a "claims made" policy is ever used, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by the policy must be endorsed so that Landlord in obtaining such insurance. Notwithstanding shall procure insurance is given the right to purchase "tail" coverage required of Tenant hereunder, Landlord shall in no manner be liable to should Tenant for any insufficiency reason not do so or failure if the policy is to be canceled for nonpayment of coverage with regard to premium, provided such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceendorsement is available at commercially reasonable rates.

Appears in 1 contract

Samples: Conceptus Inc

Liability Insurance. Tenant shallORGANIZATION, during the entire term hereofat its sole expense, shall keep and maintain in full force and effect bodily injury during the TERM hereof extended coverage, property damage, and public liability insurance protecting the interests of the ORGANIZATION and OWNER and of the holder of any mortgage heretofore or hereafter placed upon the Licensed Area. ORGANIZATION will obtain appropriate endorsements in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury OWNER's name therefor with respect to the Licensed Area and accidentthe use and occupancy thereof and the exterior areas, respectively; property damage playground, and yards, sidewalks and vault spaces and exterior signs adjacent or contiguous thereto, and deliver to OWNER, duplicate original policies of all such insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in herein required, together with satisfactory proof of the maximum amount permitted under Florida law. Landlord may require payment by ORGANIZATION of all premiums due thereon for such insurance coverage to be increased after the first five years in force for one (l) year. All such policies shall provide that same may not be cancelable for non-payment of the term of this Lease, provided that such increase shall not cause the required limits of coverage premiums without thirty (30) days prior written notice to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insuredOWNER, and shall contain have a "deductible" clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty to exceed Three Thousand (20$3,000.00) days prior noticeDollars. The Such insurance shall be in with an insurance company or companies licensed in New York State and by policy or policies all as may be approved (such approval not to be unreasonably withheld or delayed) by the State of Florida and a copy OWNER in the minimum amount of: Three Million ($3,000,000.00) Dollars combined single limit during the TERM hereof. ORGANIZATION will promptly pay all premiums on all of the policy insurance referred to above whenever the same shall become due and payable in accordance with the terms of any and all such policies and furnish OWNER within ten (10) days of written demand, with originals of such policies. ORGANIZATION will within ten (10) days of written demand show OWNER, and furnish OWNER copies of all receipts or a certificate other reasonably satisfactory evidence showing payment of the aforesaid premiums. In the event ORGANIZATION fails to either obtain or maintain such insurance coverage and deliver policies for same upon demand to OWNER, then at the option of OWNER and in addition to all of its other rights and remedies, OWNER may obtain such coverage and the costs thereof shall be delivered due and payable to Landlord OWNER on demand. To the fullest extent permitted by law, ORGANIZATION shall indemnify, defend (with legal counsel reasonably acceptable to OWNER) and hold harmless OWNER and OWNER’s agents, partners, shareholders, officers, directors, employees, successors and/or assigns harmless from and against any and all claims, actions, damages, injuries, liabilities, settlements and expenses, including reasonable attorney’s fees, arising from or out of (a) any occurrence in, upon or about the Premises including any injury to or death of any person or persons, or injury or damage to property, or otherwise arising from or in connection with the occupancy or use of the Premises, or (b) any work, installation or things whatsoever done in, at or about the Premises, or (c) resulting from any default by ORGANIZATION in the payment or performance of any of ORGANIZATION’s obligations under this AGREEMENT or from any act, omission or negligence of ORGANIZATION or any contractors, agents, employees, customers, subtenants, licensees, guests or invitees of ORGANIZATION. This Article shall apply prior to the commencement of the term of this Lease. In no event shall AGREEMENT if ORGANIZATION has possession or use of the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancePremises.

Appears in 1 contract

Samples: Agreement

Liability Insurance. Tenant shall, during the entire term hereof, keep in full force shall maintain commercial general liability and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); insurance, including automobile liability, and workera fire legal liability endorsement, that protects Tenant and Landlord and Landlord’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage officers, agents and employees as additional insureds from any and all risks, claims, demands, actions, and suits for damage to be increased after the first five years property including without limitation cracking or breaking of glass or personal injury, including death, arising directly or indirectly from Tenant’s activities or any condition of the term of this LeasePremises, provided that such increase shall whether or not cause the required limits of coverage related to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms an occurrence caused or corporations designated contributed to by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice’s negligence. The insurance shall protect Tenant against the claims of Landlord on account of the obligations assumed by Tenant under this Lease and shall protect Landlord and Tenant against claims of third persons. The insurance shall provide coverage for not less than $2,000,000 per each occurrence. Landlord reserves the right to require additional insurance coverage as required by statutory or legal changes to the maximum liability that may be in an insurance company licensed by imposed on municipalities of the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of Oregon during the term of this Lease. In no event The insurance shall be without prejudice to coverage otherwise existing and shall name as additional insureds City of Portland and its officers, agents, and employees. Notwithstanding the limits naming of said additional insureds, the insurance policies shall protect each insured in the same manner as though a separate policy had been issued to each, but nothing herein shall operate to increase the insurer’s liability as set forth elsewhere in the policy beyond the amount or amounts for which the insurer would have been liable if only one person or interest had been named as insured. The coverage shall apply as to claims between insured on the policy. The insurance shall provide that the insurance shall not terminate or be considered as limiting cancelled without thirty (30) days written notice first being given to Landlord. If the liability insurance is cancelled or terminated prior to termination of the Lease, Tenant under this shall provide a new policy with the same terms. Tenant agrees to maintain continuous, uninterrupted coverage for the duration of the Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any on file with Landlord a certificate of insurance certifying the coverage required by this Section. The adequacy of the insurance shall be subject to be obtained by Tenant under this Lease, Landlord may procure same from the approval of the City Attorney. Failure to maintain liability insurance carriers as Landlord may deem proper, irrespective that and to maintain a lesser premium for such current certificate of insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, on file with Landlord shall in no manner be liable to Tenant cause for any insufficiency or failure immediate termination of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceLandlord.

Appears in 1 contract

Samples: Land Lease Agreement

Liability Insurance. Tenant shall, during the entire term hereofat its own cost and expense, keep and maintain in full force and effect bodily injury and public during the Lease Term, a policy of comprehensive/commercial general liability insurance in an amount insuring Tenant's activities with respect to the Leased Premises, Bank of America Building and Bellevue Place against loss, damage or liability for personal injury or death or loss or damage to property with a limit of not less than FIVE HUNDRED THOUSAND DOLLARS Two Million Dollars ($500,0002,000,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentcombined single limit for policies without a general aggregate limit. For policies with a general aggregate limit, respectively; property damage insurance in an amount such aggregate limit shall be not less than ONE HUNDRED THOUSAND DOLLARS Two Million Dollars ($100,0002,000,000) and include an endorsement providing that the foregoing limit shall apply per location, including the Leased Premises, and have an occurrence limit not less than Two Million Dollars ($2,000,000); and worker’s compensation insurance . In the event Tenant obtains a policy with a general aggregate limit, Tenant shall immediately notify Landlord if claims covered by such policy or policies at any time are made against Tenant which claims exceed fifty percent (50%) or more of the aggregate limit. Notwithstanding the foregoing, if during the Lease Term, in Landlord's reasonable judgment, the maximum amount permitted under Florida law. policy limits required hereunder are no longer adequate to provide reasonable protection to Landlord, Landlord may require notify Tenant of such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits inadequacy and an appropriate level of coverage and Tenant, within thirty (30) days of receiving such a notice, shall obtain such additional amounts of insurance and provide Landlord with satisfactory evidence thereof. Reference may be made to exceed those then commonly prevailing in the marketplace policy amounts required by other landlords for similar situationsspace and operations in determining what is reasonable protection hereunder. The policy(s) insurance required under this Section shall name be with companies rated A-VII or better in Best's Insurance Guide. Landlord, Xxxxxx Development Company, and any person, firms or corporations other parties in interest designated by Landlord, and Tenant shall be named as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior noticeadditional insureds. The insurance policy shall be in bear an insurance company licensed by the State of Florida and a copy of endorsement that the policy shall not be cancelled or a certificate the policy limits reduced by endorsement below the coverage required by this Lease for any reason other than nonpayment of insurance shall be delivered premiums except upon forty-five (45) days' prior written notice to Landlord and only after ten (10) days' prior written notice for non-payment of premiums. Tenant shall deliver to Landlord upon the commencement Commencement Date and from time to time thereafter as requested by Landlord copies of all policies of such insurance or certificates thereof.; including applicable endorsements, showing Landlord as an additional insured and the term of this Lease. applicable policy limits thereof In no event shall the limits of said insurance such policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.

Appears in 1 contract

Samples: First Lease Addendum (Smartsheet Inc)

Liability Insurance. Landlord shall not be liable to Tenant, nor insure Tenant, for any personal injury or property damage caused by the act or omission of any other Tenant shallor third party, during or by any criminal act or activity, war, riot, insurrection, fire or act of God. Further, Tenant shall hold Landlord free and harmless from all claims, damages, suits, or causes of action resulting from injuries to persons or property and arising in connection with Tenant's operations on the entire term hereofLeased Property or common areas adjacent thereto. Tenant shall carry, keep in full force maintain and effect bodily injury and deposit proof with the Landlord of public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury such form and accidentwith such companies as shall be satisfactory to Landlord, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance insuring Landlord as his/her interest may appear against liability in the maximum minimum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after as stated in the first five years of the term Specific Terms of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Commercial Lease. In no event shall HAZARD INSURANCE: Landlord will obtain and maintain insurance on the limits structure housing the Leased Property for purposes of said insurance policies be considered hazards, fire or other casualty in such amounts, with such insurers as limiting the liability of Tenant under this LeaseLandlord deems appropriate. In the event that the Specific Terms call for the Tenant to pay for such hazard insurance (other than as part of the CAM), the Tenant shall fail pay to obtain the Landlord the amount of the hazard insurance premium on or maintain in full force and effect any before 15 days before it is due. The hazard insurance coverage required to be obtained by the Landlord does not provide any protection to Tenant under this Leaseeither for interruption of business, loss of the structure, or loss of any tenant improvements, trade fixtures, merchandise or other personal property. To the extent that Xxxxxx wishes to be protected from loss due to interruption of business, loss of the structure, or loss of any tenant improvements, trade fixtures, merchandise or other personal property, Tenant shall obtain and maintain at Tenant's sole expense such additional insurance coverage as Tenant may desire. ABSENCES: Tenant shall notify Landlord of any anticipated absence of greater than seven (7) days or such absence will be considered abandonment of the Leased Property and Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, reenter and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, re-rent the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceLeased Property.

Appears in 1 contract

Samples: Commercial Lease

Liability Insurance. Tenant shall, during the entire term hereofLease Term, keep in full force and effect effect, a policy or policies of commercial general liability insurance for personal injury (including wrongful death) and damage to property covering (a) any occurrence in the Leased Premises, (b) any act or omission by Tenant, by any subtenant of Tenant, or by any of their respective invitees, agents, servants or employees anywhere in the Leased Premises, (c) the business operated by Tenant and by any subtenant of Tenant in the Leased Premises, and (d) the contractual liability of Tenant to Landlord pursuant to the indemnification provisions of Section 13 below, which coverage shall not be less than One Million and No/100 Dollars ($1,000,000.00) per occurrence and One Million and No/100 Dollars ($1,000,000.00) combined single limit. The liability policy or policies shall contain an endorsement naming Landlord as an additional insured and shall provide that the insurance carrier shall have the duty to defend and/or settle any legal proceeding filed against Landlord seeking damages based upon bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; or property damage insurance liability caused by the negligent acts or omissions of the Tenant in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); connection with its use and occupancy of the Leased Premises under this Lease. Tenant shall, during the Lease Term, keep in full force and effect, a policy or policies of worker’s compensation insurance with an insurance carrier and in amounts approved by the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term State of Vermont. Each insurance policy and certificate thereof obtained by Tenant pursuant to this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and Lease shall contain a clause that the insurer will not cancel provide Landlord, and any persons, firms or change the insurance without first giving the corporations designated by Landlord twenty with at least fifteen (2015) days prior noticewritten notice of any material change, non-renewal or cancellation of the policy. The Each such insurance policy shall be in with an insurance company licensed by authorized to do business in the State of Florida Vermont and a copy of at least rated B+. A certificate evidencing the coverage under each such policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this LeaseInitial Term and annually thereafter. In no event Each such policy shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event provide that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord payable thereunder shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.be payable

Appears in 1 contract

Samples: Lease Agreement

Liability Insurance. Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND TWO MILLION DOLLARS ($500,0002,000,000.00) / ONE MILLION DOLLARS ($1,000,0001,000,000.00) per injury and accident, respectively; property damage insurance in an amount not less than ONE SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($100,000750,000.00); and worker’s compensation insurance in the maximum amount permitted under Florida Nevada law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida Nevada and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.

Appears in 1 contract

Samples: Lease (Radiation Therapy Services Holdings, Inc.)

Liability Insurance. Tenant shall, during the entire term hereof, keep in full force 9. To carry and effect bodily injury and public maintain such commercial general liability insurance as may from time to time be required by Lender, taking into consideration the type of property being insured and the corresponding liability exposure, on forms, with deductibles, in amounts and with such company or companies licensed to do business in the state where the Property is located and as may be acceptable to Lender. All such commercial general liability insurance shall be carried with a company or companies which have a rating at the time this Mortgage is executed equivalent to at least A:X as shown in the most recent Best's Key Rating Guide. The original policy or policies and all renewals thereof (or, at the sole option of Lender, duplicate originals or certified copies thereof), together with a Certificate of Insurance (Acord Form 25S) and rxxxxxts evidencing payment of the premium therefor, shall be deposited with, held by and are hereby assigned to, Lender as additional security for the Loan secured hereby. Such policy or policies of insurance shall name Lender as an amount additional insured and shall provide for not less than FIVE HUNDRED THOUSAND DOLLARS thirty ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (2030) days prior notice. The insurance shall be in an insurance company licensed by the State Written Notice to Lender of Florida and a copy of any intent to modify, cancel, non-renew, or terminate the policy or a certificate policies or the expiration of insurance shall be delivered to Landlord such policy or policies of insurance. Not less than fifteen (15) days prior to the commencement expiration dates of the term each policy or policies required of this Lease. In no event shall the limits Borrower hereunder, Borrower will deliver to Lender a renewal policy or policies marked "premium paid" or accompanied by other evidence of said insurance policies be considered as limiting the liability of Tenant under this Leasepayment and renewal satisfactory to Lender. In the event that Tenant shall fail of foreclosure of this Mortgage or other transfer of title to obtain or maintain the Property in full force extinguishment of the Loan secured hereby, all right, title and effect interest of Borrower, in and to any insurance coverage policies then in force including any rights to unearned premiums, and in and to insurance proceeds then payable, shall pass to the purchaser or grantee. In case of Borrower's failure to keep the Property properly insured as required herein, Lender, its successors or assigns, may, at its option (but shall not be required to) acquire such insurance as required herein at Borrower's sole expense. . Notwithstanding anything contained herein to the contrary, to the extent any tenant or subtenant self insures, Lender will accept self insurance in lieu of any insurance required to be obtained purchased by Tenant the Borrower under this Leaseparagraph, Landlord may procure same from insurance carriers as Landlord may deem properprovided that the tenant or subtenant maintains a minimum net worth of $100,000,000.00 or the minimum net worth required by its lease or sublease, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionallywhichever is greater, the procurement self insurance otherwise complies with the requirements of this Paragraph 9, the tenant or subtenant provides the Lender with written verification of such insurance coverage and the lease or sublease is approved by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.Lender COMPLIANCE WITH LAWS

Appears in 1 contract

Samples: Mortgage (Agree Realty Corp)

Liability Insurance. Tenant Lessee shall, during the entire term hereofat Lessee's expense, obtain and keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of during the term of this LeaseLease a policy of comprehensive public liability insurance insuring Lessor and Lessee (and, provided that such increase shall not cause if requested, Lessor's mortgagee) against any liability arising out of the required limits ownership, use, occupancy or maintenance of coverage to exceed those then commonly prevailing in the marketplace for similar situationsPremises and all areas appurtenant thereto and any acts, omissions or negligence of Lessee, its employees, invitees and licensees. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The Such insurance shall be in an the initial amount of not less that $1,000,000.00 for injury or death of one person in any one accident or occurrence and in the initial amount of not less than $1,000,000.00 for injury or death of more than one person in any one accident or occurrence. Such insurance company licensed by shall further initially insure Lessor and Lessee against liability for property damage of at least $100,000.00 and not less than $100,000.00 for fire liability. The limit of any such insurance shall not, however, limit the State liability of Florida the Lessee hereunder. Lessee may provide this insurance under a blanket policy, provided that said insurance shall have a Lessor's protective liability endorsement attached thereto. If Lessee shall fail to procure and maintain said insurance, Lessor may, but shall not be required to, procure and maintain same, but at the expense of Lessee. Insurance required hereunder shall be in companies with a service rating of A or better and a copy financial rating of XII or better, in "Best's Insurance Guide". Lessee shall deliver to Lessor copies of policies of liability insurance required herein or certificate evidencing the existence and amount of such insurance with loss payable clauses satisfactory to Lessor. No policy shall be cancelable or a certificate subject to reduction of coverage. All such policies shall be written as primary policies not contributing with and not in excess of coverage which Landlord may carry. Tenant shall be responsible for carrying its own contents insurance and shall provide Lessor with evidence satisfactory of same. The amounts of such insurance shall be delivered increased from time to Landlord prior time to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage reflect increases in the types cost of living and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancegeneral good business practice.

Appears in 1 contract

Samples: Lease Agreement (Value America Inc /Va)

Liability Insurance. Tenant shallTenant, during the entire term hereofat Tenant's expense, agrees to obtain and keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of during the term of this LeaseLease a policy of comprehensive public liability insurance against any and all claims for personal injury, provided that death, property damage, or other liabilities related to the condition, use or occupancy of the Premises or to Tenant's operations on the Premises, including an extended liability endorsement providing contractual liability and broad form property damage coverage. Such insurance shall also contain a cross-liability clause and shall insure Tenant's performance of the indemnity agreement set forth in Paragraph 18, although Tenant's obligations pursuant to such increase indemnity shall not cause be limited to the amount of any insurance required limits of, or otherwise carried by, Tenant. Such liability insurance shall have a combined single limit of coverage not less than Two Million Dollars ($2,000,000) and certificates evidencing such insurance shall be furnished to exceed those then commonly prevailing Landlord prior to Tenant's occupancy of the Premises. The policy or policies affecting such insurance shall name Landlord and the beneficiary or mortgagee of any deed of trust or mortgage affecting the Premises as additional insureds, and shall insure any liability of Landlord, contingent or otherwise, with respect to any act of omission of Tenant, its agents, employees or invitees or otherwise by any conduct or transactions of any of said persons in or about or concerning the Premises, including any failure of Tenant to observe or perform any of its obligations hereunder; shall be issued by an insurance company admitted to transact business in the marketplace for similar situationsState of California having a rating of A or better in "Best's Insurance Guide"; and shall provide that the insurance effected thereby shall not be canceled, except upon thirty (30) days' prior written notice to Landlord. The policy(s) Said liability insurance shall name Landlord, be primary and not contributing to any person, firms or corporations designated by insurance available to Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The Landlord's insurance shall be in an excess thereto. If, during the Lease Term, in the considered opinion of Landlord's lender, insurance company licensed by advisor, or counsel, the State of Florida and a copy of the policy or a certificate amount of insurance shall be delivered described in this Paragraph 15 is not adequate, Tenant agrees to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of increase said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such reasonable amount as Landlord's lender, insurance advisor, or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord counsel shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancedeem adequate.

Appears in 1 contract

Samples: Lease Agreement (3dfx Interactive Inc)

Liability Insurance. Tenant at all times during the Term shall, during the entire term hereofat its own expense, keep in full force and effect bodily injury and public commercial general liability (CGL) insurance in an amount and, if necessary, commercial umbrella insurance with a limit of not less than FIVE HUNDRED THOUSAND DOLLARS $2,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this location. CGL insurance shall be written on ISO occurrence form CG 00 01 12 04 ($500,000or a substitute form providing equivalent coverage) / ONE MILLION DOLLARS ($1,000,000) per and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and accidentadvertising injury, respectivelyand liability assumed under an insured contract. Landlord and Landlord Related Parties shall be included as additional insureds under the CGL, using ISO additional insured endorsement CG 20 10 11 85 or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to Landlord. There shall be no endorsement or modification of the CGL to make it excess over other available insurance; property damage insurance in an amount alternatively, if the CGL states that it is excess or pro rata, the policy shall be endorsed to be primary with respect to the additional insured. Tenant waives all rights against Landlord for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance. Tenant, shall continue at not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage aforesaid limit until required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended changed by Landlord in obtaining writing by reason of changed economic conditions making such protection inadequate. Tenant shall carry Worker’s Compensation coverage with minimum limits as required by applicable law and Employer’s Liability coverage with minimum limits of $1,000,000. Tenant may carry a portion of Tenant’s insurance as an umbrella policy of insurance. Notwithstanding shall procure Tenant waives all rights against Landlord for recovery of damages to the extent these damages are covered by the workers compensation and employers liability or commercial umbrella liability insurance coverage required of Tenant hereunderobtained by Tenant. Where permitted by law, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure obtain an endorsement equivalent to maintain such insuranceWC 00 03 13 to affect this waiver.

Appears in 1 contract

Samples: Lease (Targacept Inc)

Liability Insurance. Tenant shall, during the entire term hereofat Tenant's expense, obtain, maintain and keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentforce, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years by advance payment of premiums, during the term of this Lease, provided that such increase shall not cause the required limits Lease a policy of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, comprehensive public liability said property damage insurance insuring Landlord and Tenant as insuredagainst any liability arising out of the ownership, use, occupancy or maintenance of the Leased Premises and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior noticeall areas appurtenant thereto. The Such insurance shall be in an insurance company licensed by the State amount of Florida not less than $1,000,000.00 for injury or death of one person in any one accident or occurrence and a copy in the amount of the policy not less than $1,000,000.00 for bodily injury or a certificate of death for more than one person in any one accident or occurrence. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least $250,000.00. Alternatively, limits shall be delivered to Landlord prior to the commencement not less than $1,000,000.00 bodily injury and property damage liability insurance combined single limit. The limit of the term of this Lease. In no event any such insurance shall the limits of said insurance policies be considered as limiting not, however, limit the liability of the Tenant under this Leasehereunder. In If the event that Tenant shall fail to obtain or procure and maintain in full force and effect any said insurance coverage required to be obtained by Tenant under this Lease, the Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrierthe same, and Tenant shall pay as additional rentbe obligated to reimburse Landlord for the cost thereof, upon demand within five days of receipt of the xxxx therefore. Insurance required hereunder shall be in companies rated A+ or better in "Best's Insurance Guide." Tenant shall deliver to Landlord, any prior to right of entry, certificates evidencing the existence and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining amounts of such insurance. Notwithstanding No policy shall procure be cancelable or subject to reduction of coverage or non-renewed without 30 days prior written notice being given to the Landlord. The insurance coverage required of provided by Tenant hereunder, shall specify that it is primary insurance and any insurance maintained by Landlord shall be in no manner excess and not contributory with Tenant's insurance. Landlord and Tenant agree that they shall not be liable to Tenant the other and hereby release the other for any insufficiency or failure of coverage with regard damage to such insurance or any the Leased premises and to Tenant's improvements and to loss through business interruption and to loss to Tenant occasioned thereby, personal property from risks insured against under any insurance policies carried by the parties and additionally, in force at the procurement time of such insurance damage. This release shall apply only to the extent that such loss is covered by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and insurance. Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered also maintain worker's compensation insurance as required by Landlord from Tenant’s failure to maintain such insurancestate law.

Appears in 1 contract

Samples: Commercial Lease Agreement (Chorum Technologies Inc)

Liability Insurance. Tenant shall, during the entire term hereofLease Term, keep in full force and effect effect, a policy or policies of commercial general liability insurance for personal injury (including wrongful death) and damage to property covering (a) any occurrence in the Leased Premises, (b) any act or omission by Xxxxxx, by any subtenant of Tenant, or by any of their respective invitees, agents, servants or employees anywhere in the Leased Premises, (c) the business operated by Tenant and by any subtenant of Tenant in the Leased Premises, and (d) the contractual liability of Tenant to Landlord pursuant to the indemnification provisions of Section 13 below, which coverage shall not be less than One Million and No/100 Dollars ($1,000,000.00) per occurrence and One Million and No/100 Dollars ($1,000,000.00) combined single limit. The liability policy or policies shall contain an endorsement naming Landlord as an additional insured and shall provide that the insurance carrier shall have the duty to defend and/or settle any legal proceeding filed against Landlord seeking damages based upon bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; or property damage insurance liability caused by the negligent acts or omissions of the Tenant in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); connection with its use and occupancy of the Leased Premises under this Lease. Tenant shall, during the Lease Term, keep in full force and effect, a policy or policies of worker’s compensation insurance with an insurance carrier and in amounts approved by the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term State of Vermont. Each insurance policy and certificate thereof obtained by Tenant pursuant to this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and Lease shall contain a clause that the insurer will not cancel provide Landlord, and any persons, firms or change the insurance without first giving the corporations designated by Landlord twenty with at least fifteen (2015) days prior noticewritten notice of any material change, non-renewal or cancellation of the policy. The Each such insurance policy shall be in with an insurance company licensed by authorized to do business in the State of Florida Vermont and a copy of at least rated B+. A certificate evidencing the coverage under each such policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this LeaseInitial Term and annually thereafter. In no event Each such policy shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event provide that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord payable thereunder shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.be payable

Appears in 1 contract

Samples: Lease Agreement

Liability Insurance. Tenant shallI understand that anyone operating the vehicle as permitted by this Agreement will be afforded coverage with a liability insurance Policy the (“Policy”), during the entire term hereofmade available by you through third party insurers, keep in full force and effect against liability for causing bodily injury and public liability insurance or death to others or damaging the property of someone other than the operator and/or the Renter only up to the minimum financial responsibility limits required by applicable law of the State in an amount not less than FIVE HUNDRED THOUSAND DOLLARS which I picked up the vehicle ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000the “Required Minimum Amount”); and worker’s compensation insurance in . Where the maximum amount permitted under Florida law. Landlord may require such insurance law extends coverage to be increased after a non-permitted operator, the first five years same limits will apply. I understand and agree that you can provide coverage under a certificate of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms self-insurance or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida policy, or both, as you choose. In any case, I acknowledge and agree that a copy of the policy or a Policy and/or certificate of insurance shall be delivered to Landlord prior to has been made available for my inspection at the commencement of office from which I picked up the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Leasevehicle. In the event that Tenant of any inconsistency or conflict between the terms of the Policy and this Agreement, the terms of the Policy shall fail to obtain or maintain in full force be deemed controlling and effect any insurance coverage required shall supersede the terms of this Agreement, which Agreement shall be deemed amended so as to be obtained consistent with the terms of the Policy. Without limitation to the foregoing, I understand and agree that the coverage provided by Tenant under the Policy is subject to all of the conditions and exclusions of a standard vehicle liability insurance policy, including all requirements as to notice and cooperation on my part, all of which are made a part of this LeaseAgreement. THE FOREGOING INSURANCE COVERAGE PROVIDED BY YOU WILL BE EXCESS OVER ANY APPLICABLE INSURANCE AVAILABLE TO ME OR ANY OTHER OPERATOR, Landlord may procure same from insurance carriers as Landlord may deem properFROM ANY OTHER SOURCE, irrespective WHETHER PRIMARY, EXCESS, SECONDARY OR CONTINGENT IN ANY WAY. I understand and agree that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such my own motor vehicle insurance or credit card agreement may cover any damage or loss to Tenant occasioned therebythe Vehicle. IN THIS REGARD, and additionallyI UNDERSTAND THAT I AM RESPONSIBLE FOR ALL DAMAGES OR LOSSES I CAUSE TO OTHERS AND THAT I AGREE TO PROVIDE LIABILITY, COLLISION AND COMPREHENSIVE INSURANCE COVERING ME, YOU AND THE VEHICLE AND THAT MY INSURANCE IS PRIMARY TO THE POLICY AND ANY OTHER INSURANCE YOU MAY MAINTAIN. I understand that you will not provide (i) coverage for fines, penalties, punitive or exemplary damages; (ii) coverage for bodily injury to, or death of, me while not an operator, or any member of my family or the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenantoperator’s failure to maintain such insurance.family;

Appears in 1 contract

Samples: Eaglerider Australia Terms and Conditions

Liability Insurance. Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of During the term of this LeaseLease Agreement, provided that such increase shall not cause the required Lessee agrees at its expense to provide and keep in force comprehensive general liability insurance with bodily injury liability limits of coverage $1,000,000.00 per person and $2,000,000.00 per accident, protecting Lessor and Lessee against any liability to exceed those then commonly prevailing any person whomsoever for injury to person or damage to property arising out of or in connection with the Lessee’s use of the Leased Premises or in the marketplace for similar situationscondition of the Leased Premises. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, Lessee further agrees to have the Lessor named as a named insured in said policy of insurance and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and to provide a copy of said policy of insurance to Lessor prior to occupying the Leased Premises. The policy or a certificate of insurance shall be delivered require thirty (30) days advance written notice to Landlord prior to the commencement Lessor of any cancellation of the term policy of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding Lessor shall procure maintain comprehensive general liability insurance covering the parking and common areas protecting Lessor and Lessee against liability for injury to persons or damage to property resulting from Lessor’s acts or omissions. Lessor agrees to provide and keep in force during the term hereof fire and extended coverage required insuring the Leased Premises and the building in which it is situated at full replacement value and to deliver a certificate to Lessee evidencing such coverage (and renewals of Tenant hereunder, Landlord such coverage). Lessor shall in no manner not be liable to Tenant Lessee or Lessee’s employees, agents or invitees, or to any person whomsoever, for any insufficiency injury to person or failure damage to property on or about the Leased Premises, caused by negligence or misconduct of coverage with regard to such insurance Lessee, its agents, servants, employees or any loss to Tenant occasioned therebyinvitees, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease Lessee agrees to maintain insurance coverage in the types indemnify Lessor and amounts herein specified, and Tenant shall nevertheless hold Landlord Lessor harmless from any loss loss, expense or claims arising out of any such damage or injury. Lessee shall not be liable to Lessor or Lessor’s employees, agents or visitors, or to any person whomsoever, for any injury to person or damage incurred to property on or suffered about the Leased Premises, caused by Landlord negligence or misconduct of Lessor, its agents, servants, employees or invitees, and Lessor agrees to indemnify Lessee and hold Lessee harmless from Tenant’s failure to maintain any loss, expense or claims arising out of any such insurancedamage or injury.

Appears in 1 contract

Samples: Lease Agreement (SLS International Inc)

Liability Insurance. Tenant shallshall procure at Tenant's sole cost and expense and keep in effect from the date of this Lease and at all times until the end of the Term Commercial General Liability insurance applying to the use and occupancy of the Premises and the Project, and any part of either, and any areas adjacent thereto, and the business operated by Tenant or by any other occupant of the Premises. Such insurance shall include Broad Form Contractual Liability insurance coverage insuring all of Tenant's indemnity obligations under this Lease FOR BODILY INJURY, DEATH AND TANGIBLE PROPERTY DAMAGE. Such coverage shall have a minimum combined single limit of liability of at least Two Million Dollars ($2,000,000.00), and a minimum general aggregate limit of Three Million Dollars ($3,000,000.00), with an "Additional Insured - Managers or Lessors of Premises Endorsement". All such policies shall be written to apply to all bodily injury, property damage or loss, personal injury and other covered loss, however occasioned, occurring during the entire term hereofpolicy term, shall be endorsed to add Landlord and any party holding an interest to which this Lease may be subordinated as an additional insured, and shall provide that such coverage shall be "PRIMARY" and non-contributing with any insurance maintained by Landlord, which shall be excess insurance only. Such coverage shall also contain endorsements: (i) deleting any employee exclusion on personal injury coverage; (ii) including employees as additional insureds; and (iii) providing for coverage of employer's automobile non-ownership liability. All such insurance shall provide for the severability of interests of insureds; and shall be written on an "OCCURRENCE" basis, which shall afford coverage for all claims based on acts, omissions, injury and damage, which occurred or arose (or the onset of which occurred or arose) in whole or in part during the policy period. Tenant shall also procure at Tenant's sole cost and expense and keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in during the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term Term of this Lease, provided that such increase shall not cause Legal Liability Insurance covering direct physical damage and loss of use of the required limits of coverage to exceed those then commonly prevailing in the marketplace Building for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and which Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be is legally obligated in an insurance company licensed by the State of Florida and a copy amount of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement full replacement value of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceBuilding.

Appears in 1 contract

Samples: Sublease Agreement (Mp3 Com Inc)

Liability Insurance. Tenant shall, during Anyone operating the entire term hereof, keep in full force and effect Motorcycle as permitted by this Agreement will be protected against liability for causing bodily injury or death to others or damaging the property of someone other than the operator and/or the Renter up to the minimum financial responsibility limits required by applicable law. The limit for bodily injury sustained by any one person includes any claim for loss of that person’s consortium or services. Where the law extends coverage to a non-permitted operator, the same limits will apply. The foregoing coverage provided by you will be excess over any applicable insurance available to me or any other operator, from any source, whether primary, excess, secondary or Contingent in any way. Otherwise, such coverage is provided according to the terms, and public subject to all of the conditions and exclusions, of a standard Motorcycle liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury policy, including all requirements as to notice and accidentcooperation on my part, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term which are made as a part of this Lease, provided that such increase shall not cause the required limits Agreement. You can provide coverage under a certificate of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms self-insurance or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and policy, or both, as you choose. In any case, a copy of the policy and/or certificate will be available for my inspection at your main office. I understand that unless required by law, you will not provide (i) coverage for fines, penalties, punitive or exemplary damages; (ii) coverage for bodily injury to, or death of, myself while not an operator, or any member of my family or the operator’s family; (iii) defense against any claim after applicable limits of coverage that you furnish have been tendered; or (iv) supplementary no fault, non-compulsory uninsured or underinsured motorist coverage, and any other optional or rejectable coverage, and you and I reject all such coverages to the extent permitted by law. Where any of these coverages are required or implied by law, the limits will be the minimum required under applicable statute. If I am charged with a criminal offence, including, but not limited to, driving under the influence of alcohol or a certificate controlled substance while renting the Motorcycle, or if the Motorcycle is used to transport contraband for illegal trade, or if the Motorcycle is damaged while it is being operated by anyone under the age of insurance shall be delivered 21 years (or 25 depending on the model selected) of age or not properly licensed, or if I fail to Landlord prior furnish you with a police report from the scene of any accident involving the Motorcycle or its theft, or if I fail to maintain all fluid levels or fail to use the commencement of specified fuel, or otherwise fail to comply with the term terms and conditions of this Lease. In no event shall the limits of said Agreement, I will not be covered by your liability insurance policies and I will be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail liable to obtain or maintain in full force you and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium all third parties for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges claims and expenses incurred or expended by Landlord in obtaining such insurancedamages. Notwithstanding shall procure I understand that passengers are not covered for personal injury under your liability insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant and therefore ride at their own risk. I acknowledge responsibility for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, passengers I carry on the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceMotorcycle.

Appears in 1 contract

Samples: Rental Agreement

Liability Insurance. Tenant shall, during the entire term hereof, shall obtain at its own expense and keep in full force and effect bodily injury and public during the Term, a policy of commercial general liability insurance (including, without limitation, insurance covering Tenant's contractual liability under this Lease, under which Tenant is named as the insured, and Landlord, Landlord's managing agent, the present and any future mortgagee of the Real Property or the Building are named as additional insureds. Such policy shall contain a provision that no act or omission of Tenant shall affect or limit the obligation of the insurance company to pay the amount of any loss sustained. Such policy shall also contain a provision which provides the insurance company will not cancel or refuse to renew the policy, or change in any material way the nature or extent of the coverage provided by such policy, without first giving Landlord at least thirty (30) days written notice by certified mail, return receipt requested, which notice shall contain the policy number and the names of the insureds and policy holder. The minimum limits of liability shall be a combined single limit with respect to each occurrence in an amount of not less than FIVE HUNDRED THOUSAND DOLLARS $2,000,000 for injury (or death) and $500,000) / ONE MILLION DOLLARS (1,000,000.00 for each person and for damage to property or such greater coverage amounts as Landlord may, from time to time, commercially reasonably require provided such greater coverage amounts are then carried by tenants of similar premises as the Premises in similar office buildings in midtown Manhattan. Such coverage may be maintained by a combined single limit policy in the above coverage amounts and an “umbrella” or excess coverage policy in the amount of $1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s 5,000,000.00. Tenant shall also maintain at its own expense during the Term a policy of workers' compensation insurance in providing statutory benefits for Tenant's employees and employer's liability. Tenant shall provide to Landlord upon execution of this Lease and at least thirty (30) days prior to the maximum amount permitted under Florida law. Landlord may require such termination of any existing policy, a certificate evidencing the effectiveness of the insurance coverage policies required to be increased after maintained hereunder which shall include the first five years named insured, additional insured, carrier, policy number, limits of liability, effective date, the name of the term insurance agent and its telephone number. Tenant shall provide Landlord with a complete copy of this Lease, provided any such policy upon written request of Landlord. Tenant shall have no right to obtain any of the insurance required hereunder pursuant to a blanket policy covering other properties unless the blanket policy contains an endorsement that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name names Landlord, Landlord's managing agent and the present and any personfuture mortgagees of the Real Property or the Building as additional insureds, firms or corporations designated by Landlordreferences the Premises, and Tenant as insured, and guarantees a minimum limit available for the Premises equal to the amount of insurance required to be maintained hereunder. Each policy required hereunder shall contain a clause that the insurer will not cancel or change policy and the coverage evidenced thereby shall be primary with respect to any policies carried by Landlord, and that any coverage carried by Landlord shall be excess insurance. The limits of the insurance without first giving the Landlord twenty (20) days prior notice. The insurance required under this subsection shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting not limit the liability of Tenant under this Lease. All insurance required to be carried by Tenant pursuant to the terms of this 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, and rated in Best's Insurance Guide, or any successor thereto (or if there be none, an insurance company rating organization having a national reputation) as having a general policyholder rating of "A-" and a financial rating of at least "10". In the event that Tenant shall fail fails to obtain or continuously maintain in full force and effect any insurance coverage as required to be obtained by Tenant under this Leasesubsection, Landlord may procure same from insurance carriers as Landlord may deem propermay, irrespective that a lesser premium for at its option and without relieving Tenant of any obligation hereunder, order such insurance coverage may have been obtained from another insurance carrierand pay for the same at the expense of Tenant. In such event, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or repay the amount expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required within ten (10) days of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceLandlord's written demand therefor.

Appears in 1 contract

Samples: Agreement of Lease (Harris & Harris Group Inc /Ny/)

Liability Insurance. Tenant shall, during CONTRACTOR shall carry Commercial General Liability insurance providing continuous coverage for all work or operations performed under the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida lawAgreement. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in an insurance company licensed by the State of Florida. CONTRACTOR shall cause the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers made an Additional Insured as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining to such insurance. Notwithstanding Such coverage shall procure be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the State of Florida as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Contract, and may not be shared with or diminished by claims unrelated to this Agreement. The policy/ies and coverage described herein may be subject to a deductible. CONTRACTOR shall pay all deductibles as required by the policy. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self-Insured Retention. At all renewal periods which occur prior to final acceptance of Tenant hereunderthe work, Landlord the CITY and the State of Florida shall be provided with an XXXXX Certificate of Liability Insurance reflecting the coverage described herein. The CITY and the State of Florida shall be notified in no manner be liable writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to Tenant for any insufficiency policy or coverage described herein. The CITY’s or the State of Florida’s approval or failure of coverage with regard to such insurance disapprove any policy/ies, coverage, or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord XXXXX Certificates shall not relieve Tenant or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of its obligations under this Lease to maintain insurance coverage in any rights or defenses the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss CITY or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancethe State of Florida may have.

Appears in 1 contract

Samples: Contractor’s Agreement

Liability Insurance. Tenant shall, at Tenant's expense, procure and maintain at all times during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, a policy of comprehensive public liability insurance insuring Landlord and Tenant against any liability arising out of the ownership, use, occupancy, or maintenance of any Leased Property. Such insurance shall at all time be in an amount of not less than $3,000,000.00. In addition, if Tenant serves liquor at the premises, Tenant shall maintain at least $1,000,000.00 of liquor liability insurance. The limits of such insurance shall not limit the liability of the Tenant. All insurance required under this Section 12 shall be with companies rated A or better in Best's Insurance Guide. Tenant shall deliver to Landlord certificates of insurance evidencing the existence and amounts of such insurance with loss payable clauses satisfactory to Landlord, provided that in the event Tenant fails to procure and maintain such increase insurance, Landlord may (but shall not cause the be required limits to), procure same at Tenant's expense after ten (10) days prior written notice. No such policy shall be cancelable or subject to reduction of coverage or other modification except after thirty (30) days prior written notice to exceed those then commonly prevailing Landlord by the insurer. All such policies shall be written as primary policies, no contributing with and not in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving excess of coverages which the Landlord may carry. Tenant shall, within twenty (20) days prior notice. The to the expiration of such policies, furnish Landlord with renewals or binders or Landlord may order such insurance and charge the cost to the Tenant, which amounts shall be in an insurance company licensed payable by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tent on demand Tenant shall fail have the. right to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for provide such insurance coverage pursuant to blanket policies which the Tenant may have been obtained from another insurance carrier, in force provided such blanket policies expressly afford coverage of any Leased Property and Tenant shall pay to Landlord as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended is required by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceLease.

Appears in 1 contract

Samples: Lease (Fresh N Lite Inc)

Liability Insurance. Tenant shall, during the entire term hereof, keep in full force WORKERS' COMPENSATION The University shall take out and effect bodily injury maintain a "per-occurrence" policy of general liability and public a “claims-made” professional liability insurance in an amount (including personal injury with limits not less than FIVE HUNDRED THOUSAND DOLLARS $1 million per loss and damage to property of others up to $5,000 per incident), with extended reporting period of three (3) years, covering Student Teachers, and naming XXX as an additional named insured under such insurance policy or policies. Further, University agrees to maintain professional and comprehensive general liability insurance, including sexual molestation and abuse coverage, at a minimum of Five Million Dollars ($500,0005,000,000) / ONE MILLION DOLLARS per occurrence and Twenty-Five Million Dollars ($1,000,00025,000,000) per injury in aggregate throughout the course of this Agreement. Further, University shall provide written notice that should any of the above-described policies be cancelled before the expiration thereof, notice will be delivered in accordance with the policy provisions. University also agrees to maintain statutory Workers' Compensation coverage on Student Teachers, any individuals characterized as employees of University and accidentinstructors working at LEA pursuant to this Agreement at all times during the course of this Agreement. University shall provide certificates evidencing all coverage referred to in this Section within thirty (30) days of execution of this Agreement and thereafter, respectively; property damage insurance in on an amount annual basis. If the coverage is ona claims-made basis, University hereby agrees that not less than ONE HUNDRED THOUSAND DOLLARS thirty ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (2030) days prior notice. The to the effective date of termination of University's current insurance coverage or termination of this Agreement, University shall be either purchase three (3) year tail coverage per claim or provide proof of continuous coverage in an insurance company licensed by the State above stated amounts for all claims arising out of Florida incidents occurring prior to termination of University’s current coverage or prior to termination of this Agreement, as applicable, and a copy of the policy or provide LEA a certificate of insurance evidencing such coverage. The University shall maintain, at their own expense, Automobile Liability insurance covering the use of all owned, non-owned and hired vehicles by University employees with the following minimum limits of liability: bodily injury liability - $1,000,000 combined single limit for bodily injury and/or property damage. The LEA shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered named as limiting an additional insured or covered party on the liability of Tenant under this Lease. In coverages maintained by the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrierUniversity set forth above, and Tenant such coverages shall pay as additional rent, upon demand be primary to any coverages maintained by the LEA. Limits of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding liability for each type of liability coverage shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceat least $1 million per claim per occurrence/ $2 million aggregate.

Appears in 1 contract

Samples: Understanding and Agreement

Liability Insurance. Tenant shallas the Insuring Party, at Tenant’s expense, shall obtain and keep in force during the entire term hereofTerm, keep in full force and effect as the Insuring Party under this Article 8-2, a policy of commercial general liability insurance including coverage for bodily injury and public property damage insuring Landlord and Tenant against any liability arising out of the ownership, use, occupancy, construction on or maintenance of the Premises and all areas appurtenant thereto, and including any and all of Tenant’s products and completed operations (“Tenant’s Liability Insurance”). Such insurance in shall be on an amount occurrence basis and shall provide combined single limit coverage of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS One Million Dollars ($1,000,000) per injury ). The policy shall contain all broad form commercial general liability extensions including, if applicable, liquor liability, garage liability, garage keepers legal liability, auto liability (owned, non-owned, hired), and accident, respectively; property damage insurance such other specific coverage as may be appropriate based upon Tenant’s use in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); the Premises. Tenant shall also obtain fire and worker’s compensation extended casualty insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of ninety percent (90%) of the term full replacement cost of the Tenant Improvements as defined below in Article 8-3(c). The policy shall contain cross liability endorsements and shall insure performance by Tenant of the indemnity provisions of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situationsLease including all exhibits attached hereto. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting shall not, however, limit the liability of Tenant under this Leasehereunder. In the event that If Tenant shall fail to obtain or procure and maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Leasesaid insurance, Landlord may may, but shall not be required to, procure same from and maintain the same, but at the expense of Tenant, as Additional Rent. Said insurance carriers shall have a Landlord’s protective liability and a lender’s loss payable endorsement attached thereto. Tenant shall include on such policies, as additional insureds, the entities or persons set forth in Article 1(l), and such other parties as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained shall reasonably from another insurance carriertime to time require, and Tenant shall pay all premiums, if any, required to add the foregoing party(ies) as additional rentinsureds and shall contain a provision requiring the insurance carrier to notify Landlord of any termination with not less than thirty (30) days notice. Not more frequently than once every five (5) years or once during each option period, upon demand in the reasonable opinion of Landlord, the amount of liability insurance required hereunder is not adequate, Tenant shall increase said amount by no more than fifty percent (50%) of the amount thereof during the preceding year of the Term. However, the failure of Landlord to require any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure additional insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not be deemed to relieve Tenant of its from any obligations under this Lease Lease. Landlord as the Insuring Party shall cause to maintain be carried, during the Term commercial general liability insurance (hereinafter, “Landlord’s Liability Insurance”) for the Center and Common Area, naming Tenant as an additional insured providing coverage of not less than Three Million Dollars ($3,000,000.00), combined bodily injury and property damage liability in separate limits for each of the following; general aggregate, products-completed operations aggregate, each occurrence, personal & advertising injury, and fire damage, limits of Five Hundred Thousand Dollars ($500,000.00). Landlord, upon written request by Tenant, shall promptly deliver to Tenant a certificate of Landlord’s Liability Insurance. Landlord’s Liability Insurance shall require Landlord’s insurance carrier to notify Tenant at least thirty (30) days in advance of the cancellation of Landlord’s Liability Insurance. Tenant agrees to reimburse to Landlord, Tenant’s share of Landlord’s annual total costs for the premiums for Landlord’s Liability Insurance. Tenant’s share of Landlord’s Liability Insurance shall be calculated as the total premium multiplied by a fraction, the numerator of which shall be the leasable area in the types Premises and amounts herein specified, and Tenant the denominator of which shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered be the leasable area covered by Landlord from Tenant’s failure to maintain such insurancepolicy.

Appears in 1 contract

Samples: Tenant Estoppel Agreement (Pacific Premier Bancorp Inc)

Liability Insurance. Tenant shall, at Tenant's expense, obtain and keep in force, during the entire term hereofTerm, keep in full force and effect a policy of combined single limit, bodily injury and public property damage insurance, insuring as additional insureds Landlord, and its partners (either general or limited), if any, and their respective agents, servants, employees, shareholders, officers, directors, and attorneys (collectively, the "AFFILIATES"), its property manager, the Master Lessor, or any of Landlord's senior or ground lessee or mortgagee whose name and address is given to Tenant (collectively, with the Affiliates, the "INSURED LANDLORD PARTIES") to the extent ordinarily permitted by recognized insurance carriers, and Tenant, against liability arising out of the use, occupancy or maintenance of the Premises and all areas appurtenant thereto which areas are, if applicable, more specifically delineated on the site plan attached to this Lease as Exhibit A. Such insurance shall be in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law2,000,000. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and Such policy shall contain a cross liability clause that and shall, to the insurer will extent not cancel or change specifically excluded by the insurance without first giving standard form policy, insure performance by Tenant of the Landlord twenty (20) days prior noticeindemnity provisions of Article 12. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting shall not, however, limit the liability of Tenant under this Leasehereunder. In the event that If Tenant shall fail to obtain or procure and maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Leasesaid insurance, Landlord may procure same from insurance carriers as Landlord may deem propermay, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant but shall pay as additional rentnot be required to, upon demand not less than ten (10) days prior written notice to Tenant, procure and maintain the same, but at the expense of Tenant. Not more frequently than once each two (2) years, if, in the reasonable opinion of Landlord, any and all premiumsthe amount of liability insurance required hereunder is not adequate in comparison to that carried for comparable properties of similar usage as Tenant in the community in which the Premises are located, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding Tenant shall procure increase said insurance coverage as reasonably required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceLandlord.

Appears in 1 contract

Samples: Sports Club Co Inc

Liability Insurance. Tenant shall, during the entire term hereof, shall obtain at its own expense and keep in full force and effect bodily injury and public during the Term, a policy of commercial general liability insurance (including, without limitation, insurance covering Tenant's contractual liability under this Lease), under which Tenant is named as the insured, and Landlord, Landlord's managing agent, the present and any future mortgagee of the Real Property or the Building and/or such other designees specified by Landlord from time to time, are named as additional insureds. Such policy shall contain a provision that no act or omission of Tenant shall affect or limit the obligation of the insurance company to pay the amount of any loss sustained. Such policy shall also contain a provision which provides the insurance company will not cancel or refuse to renew the policy, or change in any material way the nature or extent of the coverage provided by such policy, without first giving Landlord at least thirty (30) days written notice by certified mail, return receipt requested, which notice shall contain the policy number and the names of the insured and policy holder. The minimum limits of liability shall be a combined single limit with respect to each occurrence in an amount of not less than FIVE HUNDRED THOUSAND DOLLARS $5,000,000 for injury ($500,000or death) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentdamage to property or such greater amount as Landlord may; from time to time, respectively; property damage insurance reasonably require, provided such increases are commercially reasonable for comparable leased space in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s midtown Manhattan. Tenant shall also maintain at its own expense during the Term a policy of workers' compensation insurance in providing statutory benefits for Tenant's employees and employer's liability. Tenant shall provide to Landlord upon execution of this Lease and at least thirty (30) days prior to the maximum amount permitted under Florida law. Landlord may require such termination of any existing policy, a certificate evidencing the effectiveness of the insurance coverage policies required to be increased after maintained hereunder which shall include the first five years named insured, additional insured, carrier, policy number, limits of liability, effective date, the name of the term insurance agent and its telephone number. Following the occurrence of this Leaseany event that may give rise to an insurance claim or dispute, provided Tenant shall provide Landlord with a complete copy, or all relevant portions of any such policy upon written request of Landlord. Tenant shall have no right to obtain any of the insurance required hereunder pursuant to a blanket policy covering other properties unless the blanket policy contains an endorsement that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name names Landlord, any personLandlord's managing agent and/or designees specified by Landlord from time to time, firms or corporations designated by Landlordas additional insureds, references the Premises, and Tenant as insured, and guarantees a minimum limit available for the Premises equal to the amount of insurance required to be maintained hereunder. Each policy required hereunder shall contain a clause that the insurer will not cancel or change policy and the coverage evidenced thereby shall be primary with respect to any policies carried by Landlord, and that any coverage carried by Landlord shall be excess insurance. The limits of the insurance without first giving the Landlord twenty (20) days prior notice. The insurance required under this subsection shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting not limit the liability of Tenant under this Lease. All insurance required to be carried by Tenant pursuant to the terms of this 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, and rated in Best's Insurance Guide, or any successor thereto (or if there be none, an organization having a national reputation) as having a general policyholder rating of "A-" and a financial rating of at least "10". In the event that Tenant shall fail fails to obtain or continuously maintain in full force and effect any insurance coverage as required to be obtained by Tenant under this Leasesubsection, Landlord may procure same from insurance carriers as Landlord may deem propermay, irrespective that a lesser premium for at its option and without relieving Tenant of any obligation hereunder, order such insurance coverage may have been obtained from another insurance carrierand pay for the same at the expense of Tenant. In such event, and Tenant shall pay as additional rent, upon demand of repay the amount expended by Landlord, any and all premiumswith interest thereon, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceimmediately upon Landlord's written demand therefor.

Appears in 1 contract

Samples: Agreement (Marvel Enterprises Inc)

Liability Insurance. During the Lease Term, Tenant, at Xxxxxx’s sole cost and expense, shall maintain a policy of commercial general liability insurance (or its equivalent) insuring Tenant shallagainst liability for bodily injury, during property damage (including loss of use of property) and personal injury arising out of the entire term hereofoperation, keep use or occupancy of the Property. Tenant shall name Landlord (and any affiliate of Landlord designated by Landlord) as an additional insured under such policy, and Tenant shall provide Landlord with an appropriate “additional insured” endorsement to Tenant’s liability insurance policy (in full force a form acceptable to Landlord) not less than ten (10) business days prior to Tenant’s occupancy of the Property. The initial amount of such insurance shall be Three Million Dollars ($3,000,000.00) per occurrence and effect bodily injury shall be subject to periodic increase based upon inflation, increased liability awards, recommendation of Landlord’s professional insurance advisors and public other relevant factors; provided, however, that such increases shall not exceed those increases imposed by prudent owners of like properties in the Las Vegas metropolitan area. The liability insurance obtained by Tenant under this Section 4.04(a): shall (i) be primary and non-contributing; (ii) contain a “separation of insureds” clause (or equivalent); (iii) contain contractual liability coverage respecting Tenant’s indemnity obligations under Section 5.05 below; and (iv) not have a deductible amount in excess of Ten Thousand Dollars ($10,000.00) in Constant Dollars. Tenant may satisfy its obligations under this Section through the use of a combination of primary and excess or umbrella coverage. The amount and coverage of such insurance shall not limit Tenant’s liability nor relieve Tenant of any other obligation under this Lease. Landlord may also obtain commercial general liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance with coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated determined by Landlord, and Tenant as insuredinsuring Landlord against liability arising out of ownership, and shall contain a clause that operation, use or occupancy of the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior noticeProperty. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types be contributory and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such not provide primary insurance.

Appears in 1 contract

Samples: Attornment Agreement (Switch, Inc.)

Liability Insurance. Tenant shallTenant, at Tenant’s expense, agrees to keep in force during the entire term hereof, keep in full force and effect Term of this Lease a policy of commercial general liability insurance with combined single limit coverage Multi Tenant/Single Parcel Page 10 of 23 Initial: BUILDING: West Bayshore PROPERTY: 40-0002 UNIT: 2 LEASE ID: 0002-OPTI01-01 of not less than Two Million Dollars ($2,000,000) per occurrence for bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage occurring in, on or about the Premises, including parking and landscaped areas. Such insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); shall be primary and worker’s compensation noncontributory as respects any insurance in the maximum amount permitted under Florida lawcarried by Landlord. Landlord may require The policy or polices effecting such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, Xxxx Xxxxxxxxx, as Trustee under the Xxxx Xxxxxxxxx Survivor’s Trust dated July 20, 1977, as amended; the Xxxx Xxxxxxxxx Survivor’s Trust; Xxxx Xxxxxxxxx, as an individual; and any personbeneficiaries, firms trustees and successor trustees, other partners or corporations designated by Landlord, and Tenant co-venturers of Landlord or said trusts as insuredadditional insureds (collectively “Landlord Entities”), and shall contain a clause insure any liability of Landlord, contingent or otherwise, as respects acts or omissions of Tenant, its agents, employees or invitees or otherwise by any conduct or transactions of any of said persons in or about or concerning the Premises, including any failure of Tenant to observe or perform any of its obligations hereunder; shall be issued by an insurance company admitted to transact business in the State of California; and shall provide that the insurer will insurance effected thereby shall not cancel or change the insurance without first giving the Landlord twenty be canceled, except upon thirty (2030) days days’ prior noticewritten notice to Landlord. The Tenant’s insurance shall be primary as respects to the Landlord Entities, or if excess, shall stand in an unbroken chain of coverage. In either event, any other insurance company licensed maintained by the State Landlord Entities shall be in excess of Florida Tenant’s insurance and a copy of the policy or shall not be called upon to contribute with any insurance required to be provided by Tenant. The required insurance shall be reflected on a certificate of insurance of said policy, which certificate shall be delivered to Landlord prior concurrently with Tenant’s return of this executed Lease to Landlord. If, during the commencement of the term Term of this Lease. In no event shall , in the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand opinion of Landlord’s Lender, any and all premiumsinsurance advisor, costsor counsel, charges and expenses incurred or expended by Landlord the amount of insurance described in obtaining such insurance. Notwithstanding shall procure insurance this Paragraph 15 is not adequate, Tenant agrees to increase said coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such reasonable amount as Landlord’s Lender, insurance advisor, or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord counsel shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancedeem adequate.

Appears in 1 contract

Samples: Lease Agreement (Opti Inc)

Liability Insurance. Tenant shallshall obtain, during at its own expense, ------------------- comprehensive general liability insurance coverage, including blanket contractual coverage, against claims for or arising out of bodily injury, death or property damage occurring in, on or about the entire term hereofPremises, keep which policy or policies shall name Landlord as an additional insured. The policy may be either a dual limit policy in full force the amounts of $1,000,000 per person and effect $1,000,000 per occurrence for bodily injury and public liability insurance $1,000,000 per occurrence for property damage or a single limit policy in an the amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS (of $1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require that the limits of such insurance coverage to be increased after the first five years in reasonably appropriate amounts as may be determined by Landlord or any mortgagee of the term of this LeaseBuilding; provided, provided however, that such increase shall not cause the required limits amount of coverage will not be increased more frequently than at one (1) year intervals. Such policy shall be issued by an insurance company acceptable to exceed those then commonly prevailing in the marketplace for similar situationsLandlord. The policy(spolicy procured by Tenant under this Subsection 8.01 must provide for at least thirty (30) days' written notice to Landlord of any cancellation. On or before the Commencement Date, Tenant shall name deliver to Landlord, any personat Landlord's option, firms a certificate of insurance or corporations designated by Landlorda certified copy of the original policy, and together with receipts evidencing payment of the premiums therefor. Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the deliver certificates of renewal for such policies to Landlord twenty at least thirty (2030) days prior noticeto the expiration dates thereof. The insurance shall provided by Tenant under this Subsection 8.01 may be in an the form of a blanket insurance company licensed by policy covering other properties as well as the State of Florida and Premises; provided, however, that Tenant must furnish Landlord with a copy written statement from the insurer(s) under such policy or policies which statement shall (i) specify the policy limits of the policy or a certificate policies, (ii) state that the Premises and this Lease are covered by such policy or policies and (iii) state the amount of total insurance shall be delivered to Landlord prior allocated to the commencement Premises; provided, further, that any such policy or policies of blanket insurance must, as to the term Premises, otherwise comply as to insurance amounts, endorsements, notice of cancellation and coverage with the other provisions of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceSubsection 8.01.

Appears in 1 contract

Samples: Aastrom Biosciences Inc

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