Building and Improvements. Lessor shall obtain and keep in full force and effect during the Term a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises, but not against loss or damage to Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to PARAGRAPH 9.5 and Lessor shall not be responsible for insuring the same. If the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law requiring the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.
Appears in 1 contract
Building and Improvements. Lessor Tenant shall obtain and keep in full force and effect ------------------------- during the Term a policy or policies of insurance in the name of LessorLandlord, with loss payable to Lessor and to any Lender(s), Landlord insuring against loss damage to, or damage to destruction of any improvements comprising the Premises, but not against loss or damage to Lessee-Owned Alterations together with all fixtures, machinery and Utility Installations, Trade Fixtures equipment therein and Lessee's personal propertythereon. Such The amount of such insurance shall be for equal to the full replacement costcost of the improvements comprising the Premises, as the same such cost shall exist change from time to time, or the such greater amount as may be required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to PARAGRAPH 9.5 and Lessor shall not be responsible for insuring the sameApplicable Laws. If the coverage is available and commercially appropriate, Lessor's Such policy or policies shall insure against all risks of direct physical loss or damage (except including, if mutually approved of by Landlord and Tenant, the perils of flood and/or earthquake unless required by a Lenderearthquake; provided, however, that Tenant shall consent to Landlord's request to carry such insurance if Landlord reasonably determines, from time to time, taking into account Tenant's financial condition, that the value of minimizing the risk of loss outweighs the financial burden of carrying such insurance), including including, without limitation, coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law requiring regulating the reconstruction or replacement of any undamaged sections of the Building Premises required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws Applicable Law as the result of a covered cause of loss, but not including plate glass insurance. Said Such policy or policies shall also contain an agreed valuation provision (in lieu of any co-insurance coinsurance clause), and waiver of subrogation. If such insurance coverage has a deductible clause, the deductible amount shall not exceed Five Thousand Dollars and No Cents ($5,000.00) per occurrence, and inflation guard protection causing an increase Tenant shall be liable for such deductible amount in the annual property insurance coverage amount by a factor event of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are locatedan insured loss.
Appears in 1 contract
Building and Improvements. Lessor shall obtain From the date of delivery of the Premises to Tenant and keep in full force and effect during thereafter until the expiration of the Term a policy or policies earlier termination of this Lease, as an item of Operating Expenses, Landlord shall maintain in the name of Lessor, with loss payable to Lessor and effect an "All Risk Policy" (as hereinafter defined) insuring against damage to any Lender(s), insuring against loss or damage to portion of the Premises, but not against loss or damage to Lessee-Owned Alterations Building and Utility Installations, Trade Fixtures and Lessee's personal propertyall appurtenances thereto. Such insurance shall be for in the full amount of replacement costcost (subject only to reasonable deductible amounts and exclusive of footings, as the same shall exist from time to time, or the amount required by any Lender(sfoundation and excavation), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to PARAGRAPH 9.5 and Lessor shall not be responsible without deduction for insuring the same. If the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender)depreciation, including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law applicable Laws requiring the upgrade, demolition, reconstruction or replacement of any undamaged sections portion of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws Premises as the a result of a covered loss, but not including plate glass insurance. Said policy or policies and shall also contain an agreed valuation provision in lieu provide that the proceeds of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase loss shall be payable in the annual manner provided for in this Lease. Landlord shall, upon the delivery of possession of the Premises and at least ten (10) days prior to each anniversary of the Commencement Date thereafter occurring during the Term, provide Tenant with a certification of such insurance coverage, which certificate shall indicate, among other things, that the Premises, Building and all the improvements and Landlord's fixtures appurtenant thereto, have been insured to their full replacement value, without deduction for physical depreciation. As used herein, the term "All Risk Policy" shall mean a policy of fire and other property insurance in the form commonly referred to in the industry as "all risk" with extended endorsement (theft, vandalism and malicious mischief coverage) and including broad form water damage, or if such policy is no longer issued, such other policy as would cover the same risks and perils; provided that although Landlord may elect to obtain coverage amount by a factor for flood and earthquake in addition to such policy, Tenant shall not be required to pay any part of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest premium allocable to where the Premises are locatedsuch coverages unless such coverage is available at commercially reasonable rates.
Appears in 1 contract
Sources: Lease (Sport Chalet Inc)
Building and Improvements. Lessor The Insuring Party shall obtain and keep in full force and effect during the Term term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to the holders of any mortgages, deeds of trust or ground leases on the Premises ("Lender(s)"), insuring against loss or damage to the Premises, but not against loss or damage to Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lenders, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements Improvements involved, such latter amount is less than full replacement cost. Lessee-If Lessor is the Insuring Party, however, Lessee Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property Installations shall be insured by Lessee pursuant to PARAGRAPH 9.5 and Lessor shall not be responsible for insuring the sameunder Paragraph 8.4 rather than by Lessor. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender)damage, including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law requiring regulating the reconstruction or replacement of any undamaged sections of the Building Premises required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered cause of loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $1,000 per occurrence, and Lessee shall be liable for such deductible amount in the event of an Insured Loss, as defined in Paragraph 9.1(c)/ (b)
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Source Scientific Inc)
Building and Improvements. Lessor The Insuring Party shall obtain and keep in full force and effect during the Term term of this Lease a policy or policies in the name of Lessor, Lessor with loss payable to Lessor and to the holders of any mortgages, deeds of trust or ground leases on the Premises (Lender(s)), insuring against loss or damage to the Premises, but not against loss or damage to Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, time or the amount required by any Lender(s)Lenders, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature nature, or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to PARAGRAPH 9.5 and Lessor shall not be responsible for insuring the same. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), ,* including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law requiring regulating the reconstruction or replacement of any undamaged sections of the Building Premises required to be demolished or removed by reason of the enforcement of any buildingbudding, zoning, safety or land use laws as the result of a covered cause of loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $1,000 per occurrence, and Lessee shall be liable for such deductible amount in the event of an Insured Loss, as defined in Paragraph 9.1 (c).
Appears in 1 contract
Sources: Lease Agreement (Idealab)
Building and Improvements. Lessor The Insuring Party shall obtain and keep in full force and effect during the Term term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to the holders of any mortgages, deeds of trust or ground leases on the Premises ("Lender(s)), insuring against loss or damage to the Premises, but not against loss or damage to Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, time or the amount required by any Lender(s)Lenders, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to PARAGRAPH 9.5 and Lessor shall not be responsible for insuring the same. If the coverage is available and commercially appropriate, Lessor's appropriate such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), ,* including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law requiring regulating the reconstruction or replacement of any undamaged sections of the Building Premises required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered cause of loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $1,000 per occurrence, and Lessee shall be liable for such deductible amount in the event of an Insured Loss, as defined in Paragraph 9.1 (c).
Appears in 1 contract
Sources: Lease Agreement (Idealab)
Building and Improvements. Lessor The Insuring Party shall obtain and keep in full force and effect during the Term term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to the holders of any mortgages, deeds of trust or ground leases on the Premises ("Lender(s)"), insuring against loss or damage to the Premises, but not against loss or damage to Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lenders, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-If Lessor is the Insuring Party, however, Lessee Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property installations shall be insured by Lessee pursuant to PARAGRAPH 9.5 and Lessor shall not be responsible for insuring the sameunder Paragraph 8.4 rather than by Lessor. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law requiring regulating the reconstruction or replacement of any undamaged sections of the Building Premises required to be demolished or removed by reason of the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Premises required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered cause of loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.. If such insurance coverage has deductible clause, the deductible amount shall not exceed $1,000 per occurrence, and Lessee shall be liable for such deductible amount in the event of an Insured Loss, as defined in paragraph 9.1(c). Initials____
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Microtel International Inc)
Building and Improvements. Lessor The Insuring Party shall obtain and keep in full force and effect during the Term term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to the holders of any mortgages, deeds of trust or ground leases on the Premises ("Lender(s)"), insuring against loss or damage to the Premises, but not against loss or damage to Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lenders, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-If Lessor is the Insuring Party, however, Lessee Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property Installations shall be insured by Lessee pursuant to PARAGRAPH 9.5 and Lessor shall not be responsible for insuring the sameunder Paragraph 8.4 rather than by Lessor. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law requiring regulating the reconstruction or replacement of any undamaged sections of the Building Premises required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use uses laws as the result of a covered cause of loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $1,000 per occurrence, and Lessee shall be liable for such deductible amount in the event of an Insured Loss, as defined in Paragraph 9.1(c).
Appears in 1 contract
Sources: Sublease Agreement (Genoptix Inc)
Building and Improvements. Lessor The Insuring Party shall obtain and keep in full force and effect during the Term term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to the holders of any mortgages, deeds of trust or ground leases on the Premises ("Lender(s)"), insuring against loss or damage to the Premises, but not against loss or damage to Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lenders, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-If Lessor is the Insuring Party, however, Lessee Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property Installations shall be insured by Lessee pursuant to PARAGRAPH 9.5 and under Paragraph 8.4 rather than by Lessor shall not be responsible for insuring the same. If if the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law requiring regulating the reconstruction or replacement of any undamaged sections of the Building Premises required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered cause of loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation initiation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $1,000 per occurrence, and Lessee shall be liable for such deductible amount in the event of an Insured Loss, defined in Paragraph 9.1(c).
Appears in 1 contract
Sources: Lease Agreement (BGF Industries Inc)
Building and Improvements. Lessor The Insuring Party shall obtain and keep in full force and effect during the Lease Term a policy or policies in the name of LessorLandlord, with loss payable to Lessor Landlord and to the holders of any mortgages, deeds of trust or ground leases on the Premises ("Lender(s)"), insuring against loss or damage to the Premises, but not against loss or damage to Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lenders, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-However, Tenant Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property Installations shall be insured by Lessee pursuant to PARAGRAPH 9.5 and Lessor shall not be responsible for insuring Tenant under Paragraph 10.4 rather than by Landlord (unless the sameitem in question has become the property of Landlord under the terms of this Lease). If the coverage is feasibly available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law requiring regulating the reconstruction or replacement of any undamaged sections of the Building Premises required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered cause of loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $10,000 per occurrence, and Tenant shall be liable for such deductible amount in the event of an Insured Loss, as defined in Paragraph 12.1(c).
Appears in 1 contract
Building and Improvements. Lessor The Insuring Party shall obtain and keep in full force and effect during the Term term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to the holders of any mortgages, deeds of trust or ground leases on the Premises ("Lender(s)"), insuring against loss or damage to the Premises, but not against loss or damage to Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lenders, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the ??? unique nature or age of the improvements involved, such latter amount is less than full replacement cost. The insurance required to be obtained by Lessor pursuant to this paragraph shall cover the building including the Lessee Improvements that are not Exhibit B Improvements ("Replacement Cost Insurance"). On or before the first business day after each anniversary after the Commencement Date, Lessee shall provide Lessor Lessee-'s estimate of the amount of coverage required under the Replacement Cost Insurance, and Lessor shall promptly obtain an insurance policy insuring loss or damage to the Premises in that amount ("Lessee Replacement Cost Estimate"). Notwithstanding anything to the contrary in the Lease, in the event insurance proceeds are not sufficient to pay for damage or destruction of the Premises, Lessor shall not be responsible for the payment of any cost to replace the Premises that exceeds the applicable Lessee Replacement Cost Estimate. If Lessor is the Insuring Party, however, Lessee Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to PARAGRAPH 9.5 and Lessor shall not be responsible for insuring the sameunder Paragraph 8.4 rather than by Lessor. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law requiring regulating the reconstruction or replacement of any undamaged sections of the Building Premises required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered cause of loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible-amount shall not exceed $1,000 per occurrence, and Lessee shall be liable for such deductible amount in the event of an Insured Loss, as defined in Paragraph 9.1(c).
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease (Symyx Technologies Inc)
Building and Improvements. Lessor shall obtain and keep in full force and effect during the Term a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises, but not against loss or damage to Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to PARAGRAPH 9.5 and Lessor shall not be responsible for insuring the same. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required if Tenant elects to self-insure such coverage, it being understood that throughout the term of this Lease that any insurance coverage which Tenant elects not to carry with respect to the Building is deemed to be self-insured by a LenderTenant under Tenant’s “Self-Insured Retention” program (“SIR Program”), with full waiver of subrogation to be deemed included under such SIR Program, it being the intention of the parties that Landlord shall have no responsibility to repair or reconstruct any portion of the Building which may be damaged, whether by insured events or uninsured events, with Tenant to have the obligation to cause the repair and reconstruction of the Building regardless of the level of insurance proceeds received or receivable by Tenant, meaning that Tenant shall self-insure any deductible or any matter which is not covered by insurance and shall promptly cause the repair and restoration of any portion of the Building which may be damaged by an event, insurable or not, during the term of this Lease), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law requiring regulating the reconstruction or replacement of any undamaged sections of the Building Premises required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered cause of loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, subrogation and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are locatedPremises’ location. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $1,000.00 per occurrence, and Tenant shall be liable for such deductible amount in the event of an Insured Loss, as defined in Section 9.1(c).
Appears in 1 contract
Building and Improvements. Lessor The Insuring Party shall obtain and keep in full force and effect during the Term term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to the holders of any mortgages, deeds of trust or ground leases on the Premises ("Lender(s)"), insuring against loss or damage to the Premises, but not against loss or damage to Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lenders, but in no event more than the commercially reasonable and available insurable value thereof thereof, if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-If Lessor is the Insuring Party, however, Lessee Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property Installations shall be insured by Lessee pursuant to PARAGRAPH 9.5 and Lessor shall not be responsible for insuring the sameunder Paragraph 8.4 rather than by Lessor. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law requiring regulating the reconstruction or replacement of any undamaged sections of the Building Premises required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered cause of loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $1,000 per occurrence, and Lessee shall be liable for such deducible amount in the event of an Insured Loss, as defined Paragraph 9.1(c).
Appears in 1 contract
Sources: Standard Industrial/Commercial Lease (Miravant Medical Technologies)
Building and Improvements. Lessor The Insuring Party shall obtain and keep in full force and effect during the Term term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to the holders of any mortgages, deeds of trust or ground leases on the Premises ("Lender(s)"), insuring against loss or damage damages to the Premises, but not against loss or damage to Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lenders, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-If Lessor is the Insuring Party, however, Lessee Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property Installations shall be insured by Lessee pursuant to PARAGRAPH 9.5 and Lessor shall not be responsible for insuring the sameunder Paragraph 8.4 rather than by Lessor. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law requiring regulating the reconstruction or replacement of any undamaged sections of the Building Premises required to be demolished or removed by reason of the enforcement of any building, zoning, safety safely or land use laws as the result of a covered cause of loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $1,000 per occurrence, and Lessee shall be liable for such deductible amount in the event of an insured Loss, as defined in Paragraph 9.1( c ).
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Farah Inc)