Common use of Carried by Lessee Clause in Contracts

Carried by Lessee. Lessee agrees to maintain in full force and effect from the date on which Lessee first enters the Premises for any reason, throughout the Lease term, and thereafter so long as Lessee is in occupancy of any part of the Premises, a policy of commercial general liability insurance which insures Lessee’s operation and use of the Premises and includes premises liability and products liability (including but not limited to cannabis retail/sales and dispensary use), the following exclusionary endorsements may be attached to this form, along with any standard and customary exclusions: nuclear energy exclusion, asbestos exclusion, and employment practices liability. Lessor, Lessor’s managing agent, Lessor’s Lender, and any other parties reasonably requested by Lessor shall be named additional insureds for ongoing and completed operations on a primary basis and non-contributory. Each such policy shall be written by a reputable and financially sound, duly licensed insurance company with an AM Best rating of at least A-. The minimum limits of liability of such insurance shall be $[***] for each such occurrence and in the aggregate. All such insurance coverage shall be written on an occurrence form, except for the products liability coverage which may be written on a claims-made form. Any claims-made coverage shall be in full force from lease commencement date and coverage will be maintained for a period of three (3) years after termination of this Lease and its obligations herein. Lessee further agrees to maintain a Workers’ Compensation and Employers’ Liability Insurance policy. The limit of liability as respects Employers’ Liability coverage shall be no less than $[***] per accident. Except for Workers’ Compensation and Employers’ Liability coverage, Lessee agrees that Lessor and Lessor’s managing agent shall be named as additional insureds on a primary and non-contributory basis. A duplicate original or a Certificate of Insurance evidencing the insurance requirements contained in the Lease shall be delivered to Lessor upon the execution of this Lease and then annually in advance of each policies renewal. Copies of additional insured endorsements, if required for coverage of additional insureds, also shall be delivered to Lessor. Lessor shall be given thirty (30) days advance written notice of any required insurance policy cancellation or non-renewals.

Appears in 2 contracts

Samples: Confidential Treatment Requested Redacted (Ascend Wellness Holdings, LLC), Confidential Treatment Requested Redacted (Ascend Wellness Holdings, LLC)

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Carried by Lessee. Lessee agrees shall obtain and keep in force during the term of this Lease a Commercial General Liability policy of insurance protecting Lessee, Lessor and any Lender(s) whose names have been provided to maintain Lessee in full force writing (as additional insured) against claims for bodily injury, personal injury and effect from the date on which Lessee first enters the Premises for any reasonproperty damage based upon, throughout the Lease term, and thereafter so long as Lessee is in occupancy of any part involving or arising out of the Premisesownership, a policy of commercial general liability insurance which insures Lessee’s operation and use use, occupancy or maintenance of the Premises and includes premises liability and products liability (including but not limited to cannabis retail/sales and dispensary use), the following exclusionary endorsements may be attached to this form, along with any standard and customary exclusions: nuclear energy exclusion, asbestos exclusion, and employment practices liabilityall areas appurtenant thereto. Lessor, Lessor’s managing agent, Lessor’s Lender, and any other parties reasonably requested by Lessor shall be named additional insureds for ongoing and completed operations on a primary basis and non-contributory. Each such policy shall be written by a reputable and financially sound, duly licensed insurance company with an AM Best rating of at least A-. The minimum limits of liability of such Such insurance shall be $[***] for each such occurrence and in the aggregate. All such insurance coverage shall be written on an occurrence form, except for the products liability basis providing single limit coverage which may be written on a claims-made form. Any claims-made coverage shall be in full force from lease commencement date and coverage will be maintained for a period of three (3) years after termination of this Lease and its obligations herein. Lessee further agrees to maintain a Workers’ Compensation and Employers’ Liability Insurance policy. The limit of liability as respects Employers’ Liability coverage shall be no an amount not less than $[***] 2,000,000 per accidentoccurrence with an “Additional Insured–Managers or Lessors of Premises” endorsement and contain the “Amendment of the Pollution Exclusion” endorsement for damage caused by heat, smoke or fumes from a hostile fire. Except The policy shall not contain any intra–insured exclusions as between insured persons or organizations, but shall include coverage for Workers’ Compensation and Employers’ Liability coverageliability assumed under this Lease as an “Insured contract” for the performance of Lessee’s indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Lessee shall not, however, limit the liability of Lessee agrees that Lessor and Lessor’s managing agent nor relieve Lessee of any obligation hereunder. All insurance to be carried by Lessee shall be named primary to and not contributory with any similar insurance carried by Lessor, whose insurance shall be considered excess insurance only. Lessee will name the following as additional insureds on a primary Insureds: Xxxxxx X. Xxxxx Trust dated March 7, 1995 (Lessor), A & A Properties, Inc., (Property Manager) and non-contributory basis. A duplicate original or a Certificate of Insurance evidencing the insurance requirements contained in the Lease shall be delivered to Lessor upon the execution of this Lease and then annually in advance of each policies renewal. Copies of additional insured endorsements, if required for coverage of additional insureds, also shall be delivered to Lessor. Lessor shall be given thirty Xxxxxx X. Xxxxx (30) days advance written notice of any required insurance policy cancellation or non-renewalsTrustee).

Appears in 2 contracts

Samples: Commencement of Lease Agreement (Overstock Com Inc), Commencement of Lease Agreement (Overstock Com Inc)

Carried by Lessee. Lessee agrees to maintain in full force and effect from the date on which Lessee first enters the Premises for any reason, throughout the Lease term, and thereafter so long as Lessee is in occupancy of any part of the Premises, a policy of commercial general liability insurance which insures Lessee’s operation and use of the Premises and includes premises liability and products liability (including but not limited to cannabis retail/sales and dispensary use), the following exclusionary endorsements may be attached to this form, along with any standard and customary exclusions: nuclear energy exclusion, asbestos exclusion, and employment practices liability. Lessor, Lessor’s managing agent, Lessor’s Lender, and any other parties reasonably requested by Lessor shall be named additional insureds insured for ongoing and completed operations on a primary basis and non-contributory. contributory Each such policy shall be written by a reputable and financially sound, duly licensed insurance company with an AM Best rating of at least A-A -. The minimum limits of liability of such insurance shall be $[***] for each such occurrence and in the aggregate. All such insurance coverage shall be written on an occurrence form, except for the products liability coverage which may be written on a claims-made form. Any claims-made coverage shall be in full force from lease commencement date and coverage will be maintained for a period of three (3) years after termination of this Lease and its obligations herein. Lessee further agrees to maintain a Workers’ Compensation and Employers’ Liability Insurance policy. The limit of liability as respects Employers’ Liability coverage shall be no less than $[***] per accident. Except for Workers’ Compensation and Employers’ Liability coverage, Lessee agrees that Lessor and Lessor’s managing agent shall be named as additional insureds on a primary and non-contributory basis. A duplicate original or a Certificate of Insurance evidencing the insurance requirements contained in the Lease shall be delivered to Lessor upon the execution of this Lease and then annually in advance of each policies renewal. Copies of additional insured endorsements, if required for coverage of additional insureds, also shall be delivered to Lessor. Lessor shall be given thirty (30) days advance written notice of any required insurance policy cancellation or non-renewals.

Appears in 2 contracts

Samples: Confidential Treatment (Ascend Wellness Holdings, LLC), Confidential Treatment (Ascend Wellness Holdings, LLC)

Carried by Lessee. Lessee agrees shall obtain and keep in force during the term of this Lease a Commercial General Liability policy of insurance protecting Lessee, Lessor and any Lender(s) whose names have been provided to maintain Lessee in full force writing (as additional insureds) against claims for bodily injury, personal injury and effect from property damage based upon, involving or arising out of the date on which Lessee first enters the Premises for any reasonownership, throughout the Lease termuse, and thereafter so long as Lessee is in occupancy of any part of the Premises, a policy of commercial general liability insurance which insures Lessee’s operation and use maintenance of the Premises and includes premises liability and products liability (including but not limited to cannabis retail/sales and dispensary use), the following exclusionary endorsements may be attached to this form, along with any standard and customary exclusions: nuclear energy exclusion, asbestos exclusion, and employment practices liabilityall areas appurtenant thereto. Lessor, Lessor’s managing agent, Lessor’s Lender, and any other parties reasonably requested by Lessor shall be named additional insureds for ongoing and completed operations on a primary basis and non-contributory. Each such policy shall be written by a reputable and financially sound, duly licensed insurance company with an AM Best rating of at least A-. The minimum limits of liability of such Such insurance shall be $[***] for each such occurrence and in the aggregate. All such insurance coverage shall be written on an occurrence form, except for the products liability basis providing single limit coverage which may be written on a claims-made form. Any claims-made coverage shall be in full force from lease commencement date and coverage will be maintained for a period of three (3) years after termination of this Lease and its obligations herein. Lessee further agrees to maintain a Workers’ Compensation and Employers’ Liability Insurance policy. The limit of liability as respects Employers’ Liability coverage shall be no an amount not less than $[***] 1,000,000 per accidentoccurrence with all "ADDITIONAL INSURED-MANAGERS OR LESSORS OF PREMISES" endorsement and contain the "AMENDMENT OF THE POLLUTION EXCLUSION" endorsement for damage caused by heat, smoke or fumes from a hostile fire. Except The policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for Workers’ Compensation and Employers’ Liability coverageliability assumed under this Lease as an "INSURED CONTRACT" for the performance of Lessee's indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Lessee shall not, however, limit the liability of Lessee agrees that Lessor and Lessor’s managing agent nor relieve Lessee of any obligation hereunder. All insurance to be carried by Lessee shall be named as additional insureds on a primary to and non-not contributory basis. A duplicate original or a Certificate of Insurance evidencing the with any similar insurance requirements contained in the Lease carried by Lessor, whose insurance shall be delivered to Lessor upon considered excess insurance only. Lessee's liability coverage as described above shall include all coverages typically provided by the execution of this Lease and then annually in advance of each policies renewalBroad Form Comprehensive General Liability Endorsement, including broad form property damage coverage (which shall include coverage for completed operations). Copies of additional insured endorsements, if required for Lessee's liability coverage of additional insureds, also shall be delivered to Lessor. Lessor shall be given thirty (30) days advance written notice of any required insurance policy cancellation or nonfurther include premises-renewals.operations

Appears in 1 contract

Samples: Accelerated Networks Inc

Carried by Lessee. Lessee agrees shall obtain and keep in force during the term of this Lease a Commercial General Liability policy of insurance protecting Lessee, Lessor and any Lender(s) whose names have been provided to maintain Lessee in full force writing ( all as additional insureds) against claims for bodily injury, property damage, personal injury and effect from the date on which Lessee first enters the Premises for any reasonadvertising injury based upon, throughout the Lease termrelating to, and thereafter so long as Lessee is in occupancy of any part involving, or arising out of the Premisesownership, a policy of commercial general liability insurance which insures Lessee’s operation and use use, occupancy, or maintenance of the Premises and includes premises liability and products liability (including but not limited to cannabis retail/sales and dispensary use), the following exclusionary endorsements may be attached to this form, along with any standard and customary exclusions: nuclear energy exclusion, asbestos exclusionall areas appurtenant thereto, and employment practices liability. Lessorshall cover all owned, Lessor’s managing agent, Lessor’s Lendernon-owned, and any other parties reasonably requested by hired vehicles used in the conduct of the Lessee’s business and operated on or parked upon the Project. Lessee shall promptly provide Lessor shall be named additional insureds for ongoing and completed operations on a primary basis and non-contributory. Each such policy shall be written by a reputable and financially sound, duly licensed insurance company with an AM Best rating of at least A-. The minimum limits of liability evidence of such insurance in the form of an endorsement to the policy or a copy of the policy. A Certificate of insurance is not acceptable. Such insurance shall be $[***] for each such occurrence and in the aggregate. All such insurance coverage shall be written on an occurrence formbasis for bodily injury and property damage coverage, except for the products liability providing coverage which may be written on a claims-made form. Any claims-made coverage shall be in full force from lease commencement date and coverage will be maintained for a period of three (3) years after termination of this Lease and its obligations herein. Lessee further agrees to maintain a Workers’ Compensation and Employers’ Liability Insurance policy. The limit of liability as respects Employers’ Liability coverage shall be no an amount not less than $[***] per accident2,000,000 for damages because of all bodily injury and property damage arising out of any one occurrence and coverage in an amount not less than $2,000,000 for all damages because of all personal injury and all advertising injury sustained by any one person or organization. Except The insurance shall include an “Additional Insured - Managers, Lessors, of Premises” endorsement and contain the “Amendment of the Pollution Exclusion” endorsement for Workers’ Compensation damage or injury caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any inter-insured exclusions as between insured persons or organizations, shall contain endorsements for cross-liability to ensure a severability of interests, but shall include coverage for liability assumed under this Lease as an “insured contract” for the performance of Lessee’s indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Lessee shall not, however, limit the liability of Lessee, nor relieve Lessee of any obligation hereunder. All insurance to be carried by Lessee shall be primary to and Employers’ Liability not contributory with any insurance carried by Lessor, whose insurance shall be considered excess insurance only and shall not insure Lessee. The Parties acknowledge and agree that the failure by Lessee to fully and continuously comply with all of the foregoing insurance requirements and covenants, whether through Lessee’s neglect, inability to obtain such coverage, Lessee agrees that Lessor and Lessor’s managing agent shall be named as additional insureds on or otherwise, Shall constitute a primary and non-contributory basis. A duplicate original or a Certificate of Insurance evidencing the insurance requirements contained in the Lease shall be delivered to Lessor upon the execution material breach of this Lease and then annually in advance of each policies renewal. Copies of additional insured endorsements, if required for coverage of additional insureds, also shall be delivered to Lessor. Lessor shall be given thirty (30) days advance written notice of any required insurance policy cancellation or non-renewalsLease.

Appears in 1 contract

Samples: SMART Global Holdings, Inc.

Carried by Lessee. Lessee agrees shall obtain and keep in force during the term of this Lease a Commercial General Liability policy of insurance protecting Lessee, Lessor and any Lender(s) whose names have been provided to maintain Lessee in full force writing (as additional insureds) against claims for bodily injury, personal injury and effect from the date on which Lessee first enters the Premises for any reasonproperty damage based upon, throughout the Lease term, and thereafter so long as Lessee is in occupancy of any part involving or arising out of the Premisesownership, a policy of commercial general liability insurance which insures Lessee’s operation and use use, occupancy or maintenance of the Premises and includes premises all areas appurtenant thereto. Such insurance shall be on an occurrence basis providing single limit coverage in an amount not less than $1,000,000 per occurrence with an "Additional Insured-Managers or Lessors of Premises" endorsement and contain the "Amendment of the Pollution Exclusion" endorsement for damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Lease as an "insured contract" for the performance of Lessee's indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Lessee shall not, however, limit the liability of Lessee nor relieve Lessee of any obligation hereunder. All insurance to be carried by Lessee shall be primary to and products not contributory with any similar insurance carried by Lessor, whose insurance shall be considered excess insurance only. Lessee's liability coverage as described above shall include all coverages typically provided by the Broad Form Comprehensive General Liability Endorsement, including broad form property damage coverage (including but not limited to cannabis retail/sales which shall include coverage for completed operations). Lessee's liability coverage shall further include premises-operations coverage, products-completed operations coverage, owners and dispensary usecontractors protective coverage (when reasonably required by Lessor), and the following exclusionary endorsements may be attached to this form, along with any standard and customary exclusions: nuclear energy exclusion, asbestos exclusion, and employment practices liabilitybroadest available form of contractual liability coverage. Lessor, Lessor’s managing agent, Lessor’s Lender, Lessor and any other parties reasonably requested by lender of Lessor shall be named additional insureds for ongoing and completed operations on a primary basis and non-contributory. Each such policy shall be written by a reputable and financially sound, duly licensed insurance company with an AM Best rating of at least A-. The minimum limits of liability of such insurance shall be $[***] for each such occurrence and in the aggregate. All such insurance coverage shall be written on an occurrence form, except for the products liability coverage which may be written on a claims-made form. Any claims-made coverage shall be in full force from lease commencement date and coverage will be maintained for a period of three (3) years after termination of this Lease and its obligations herein. Lessee further agrees to maintain a Workers’ Compensation and Employers’ Liability Insurance policy. The limit of liability as respects Employers’ Liability coverage shall be no less than $[***] per accident. Except for Workers’ Compensation and Employers’ Liability coverage, Lessee agrees that Lessor and Lessor’s managing agent shall be named endorsement as additional insureds on a primary and non-contributory basisunder the Lessee's general liability coverage. A duplicate original or a Certificate of Insurance evidencing the insurance requirements contained in the Lease shall be delivered to Lessor upon the execution of this Lease and then annually in advance of each policies renewal. Copies of The additional insured endorsements, if required for coverage of additional insureds, also shall endorsement must be delivered on ISO Form CG 20 11 1185 or an equivalent acceptable to Lessor. Lessor Lessee's general liability policies shall be given thirty (30) days advance written notice endorsed as needed to provide cross-liability coverage for Lessee, Lessor, and any lender of any required Lessor and to provide severability of interests, and shall be further endorsed as needed to provide that the insurance policy cancellation or non-renewalsafforded by those policies is primary and that all insurance carried by Lessor is strictly excess and secondary and shall not contribute with the Lessee's liability insurance.

Appears in 1 contract

Samples: Accelerated Networks Inc

Carried by Lessee. Lessee agrees shall obtain and keep in force during the terra of this Lease a Commercial General Liability policy of insurance protecting Lessee, Lessor and any Lender(s) whose names have been provided to maintain Lessee in full force writing (as additional insureds) against claims for bodily injury, personal injury and effect from the date on which Lessee first enters the Premises for any reasonproperty damage based upon, throughout the Lease term, and thereafter so long as Lessee is in occupancy of any part involving or arising out of the Premisesownership, a policy of commercial general liability insurance which insures Lessee’s operation and use use, occupancy or maintenance of the Premises and includes premises all areas appurtenant thereto. Such insurance shall be on an occurrence basis providing single limit coverage in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence with an "Additional Insured - Managers or Lessors of Premises" endorsement and contain the "Amendment of the Pollution Exclusion" endorsement for damage caused by heat, smoke or fumes from fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability and products liability assumed under this Lease as an "insured contract" for the performance of Lessee's indemnity obligations under this Lease (including but not limited to cannabis retail/sales Paragraph 8.7 below). The limits of said insurance required by this Lease or as carried by Lessee shall not, however, limit the liability of Lessee nor relieve Lessee of any obligation hereunder. All insurance to be carried by Lessee shall be primary to and dispensary use), the following exclusionary endorsements may be attached to this form, along not contributory with any standard and customary exclusions: nuclear energy exclusion, asbestos exclusion, and employment practices liability. similar insurance carried by Lessor, Lessor’s managing agent, Lessor’s Lender, and any other parties reasonably requested by Lessor shall be named additional insureds for ongoing and completed operations on a primary basis and non-contributory. Each such policy shall be written by a reputable and financially sound, duly licensed insurance company with an AM Best rating of at least A-. The minimum limits of liability of such whose insurance shall be $[***] for each such occurrence and in the aggregateconsidered excess insurance only. All such insurance coverage shall be written on an occurrence form, except for the products liability coverage which may be written on a claims-made form. Any claims-made coverage shall be in full force from lease commencement date and coverage will be maintained for a period of three (3) years after termination of this Lease and its obligations herein. Lessee further agrees to maintain a Workers’ Compensation and Employers’ Liability Insurance policy. The limit of liability as respects Employers’ Liability coverage shall be no less than $[***] per accident. Except for Workers’ Compensation and Employers’ Liability coverage, Lessee agrees that Both Lessor and Lessor’s managing agent Lessee shall be named as additional insureds on a primary insureds, and nonthe policies shall contain cross-contributory basisliability endorsements. A duplicate original or a Certificate Upon request from Lessor, Lessee shall provide Lessor with written evidence that such insurance is in force. If Lessee shall fail to procure and maintain such insurance the Lessor may, but shall not be required to, procure and maintain same at the expense of Insurance evidencing Lessee and the insurance requirements contained in cost thereof, together with interest thereon at the Lease rate of ten (10%) percent per annum, shall be delivered become due and payable as additional rental to Lessor upon the execution of this Lease and then annually in advance of each policies renewal. Copies of additional insured endorsements, if required for coverage of additional insureds, also shall be delivered to Lessor. Lessor shall be given thirty (30) days advance written notice of any required insurance policy cancellation or non-renewalstogether with Lessee's next rental installment.

Appears in 1 contract

Samples: Lease (Ilive Inc/Nv)

Carried by Lessee. Lessee agrees shall obtain and keep in force during the term of this Lease a Commercial General Liability policy of insurance protecting Lessee, Lessor and any Lender(s) whose names have been provided to maintain Lessee in full force writing ( all as additional insureds) against claims for bodily injury, property damage, personal injury and effect from the date on which Lessee first enters the Premises for any reasonadvertising injury based upon, throughout the Lease termrelating to, and thereafter so long as Lessee is in occupancy of any part involving, or arising out of the Premisesownership, a policy of commercial general liability insurance which insures Lessee’s operation and use use, occupancy, or maintenance of the Premises and includes premises liability and products liability (including but not limited to cannabis retail/sales and dispensary use), the following exclusionary endorsements may be attached to this form, along with any standard and customary exclusions: nuclear energy exclusion, asbestos exclusionall areas appurtenant thereto, and employment practices liability. Lessorshall cover all owned, Lessor’s managing agent, Lessor’s Lendernon-owned, and any other parties reasonably requested by hired vehicles used in the conduct of the Lessee's business and operated on or parked upon the Project. Lessee shall promptly provide Lessor shall be named additional insureds for ongoing and completed operations on a primary basis and non-contributory. Each such policy shall be written by a reputable and financially sound, duly licensed insurance company with an AM Best rating of at least A-. The minimum limits of liability evidence of such insurance in the form of an endorsement to the policy or a copy of the policy. A Certificate of insurance is not acceptable. Such insurance shall be $[***] for each such occurrence and in the aggregate. All such insurance coverage shall be written on an occurrence formbasis for bodily injury and property damage coverage, except for the products liability providing coverage which may be written on a claims-made form. Any claims-made coverage shall be in full force from lease commencement date and coverage will be maintained for a period of three (3) years after termination of this Lease and its obligations herein. Lessee further agrees to maintain a Workers’ Compensation and Employers’ Liability Insurance policy. The limit of liability as respects Employers’ Liability coverage shall be no an amount not less than $[***] per accident2,000,000 for damages because of all bodily injury and property damage arising out of any one occurrence and coverage in an amount not less than $2,000,000 for all damages because of all personal injury and all advertising injury sustained by any one person or organization. Except The insurance shall include an "Additional Insured - Managers, Lessors, of Premises" endorsement and contain the "Amendment of the Pollution Exclusion" endorsement for Workers’ Compensation damage or injury caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any inter-insured exclusions as between insured persons or organizations, shall contain endorsements for cross-liability to ensure a severability of interests, but shall include coverage for liability assumed under this Lease as an "insured contract" for the performance of Lessee's indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Lessee shall not, however, limit the liability of Lessee, nor relieve Lessee of any obligation hereunder. All insurance to be carried by Lessee shall be primary to and Employers’ Liability not contributory with any insurance carried by Lessor, whose insurance shall be considered excess insurance only and shall not insure Lessee. The Parties acknowledge and agree that the failure by Lessee to fully and continuously comply with all of the foregoing insurance requirements and covenants, whether through Lessee's neglect, inability to obtain such coverage, Lessee agrees that Lessor and Lessor’s managing agent shall be named as additional insureds on or otherwise, Shall constitute a primary and non-contributory basis. A duplicate original or a Certificate of Insurance evidencing the insurance requirements contained in the Lease shall be delivered to Lessor upon the execution material breach of this Lease and then annually in advance of each policies renewal. Copies of additional insured endorsements, if required for coverage of additional insureds, also shall be delivered to Lessor. Lessor shall be given thirty (30) days advance written notice of any required insurance policy cancellation or non-renewalsLease.

Appears in 1 contract

Samples: SMART Modular Technologies (WWH), Inc.

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Carried by Lessee. Commencing as of the Commencement Date, Lessee agrees to maintain shall obtain and keep in full force a Commercial General Liability Policy of Insurance protecting Lessee, Lessor, Lessor’s officers and effect from the date on which Lessee first enters the Premises for any reason, throughout the Lease termemployees, and thereafter so long as Lessee is in occupancy of any part Lessor’s property manager, if any, against claims for bodily injury, personal injury and property damage based upon or arising out of the Premisesownership, a policy of commercial general liability insurance which insures Lessee’s operation and use use, occupancy or maintenance of the Premises and includes premises liability and products liability (including but not limited to cannabis retail/sales and dispensary use), the following exclusionary endorsements may be attached to this form, along with any standard and customary exclusions: nuclear energy exclusion, asbestos exclusion, and employment practices liability. Lessor, Lessor’s managing agent, Lessor’s Lender, and any other parties reasonably requested by Lessor shall be named additional insureds for ongoing and completed operations on a primary basis and non-contributory. Each such policy shall be written by a reputable and financially sound, duly licensed insurance company with an AM Best rating of at least A-all areas appurtenant thereto. The minimum limits of liability initial amount of such insurance shall be not less than $[***] 5,000,000 per occurrence with an “Additional Insured-Managers or Lessor’s of Premises Endorsement” and contain the “Amendment of the Pollution Exclusion Endorsement” for each such occurrence damage caused by heat, smoke or fumes from a hostile fire. Lessor shall have the right, during the Term of this Lease, to require Lessee to also obtain and keep in force pollution legal liability insurance in a reasonable amount and with insurers reasonably required by Lessor based on the aggregatenature of Lessee’s operations at the Project, but in no event more than $2,000,000 per occurrence. All such The amount of insurance coverage required to be maintained by Lessee hereunder shall be written subject to reasonable increases specified by Lessor based upon the recommendation of Lessor’s professional insurance advisers considering Lessee’s business operations and other relevant factors, provided such increases shall not occur more frequently than once every twenty-four (24) months. The policies described in this Paragraph 8.2(a) shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Lease as an “insured contract” for the performance of Lessee’s indemnity obligations under this Lease. The limits of insurance required under this Lease shall not however, limit the liability of Lessee nor relieve Lessee of any obligation hereunder. The commercial general liability and pollution legal liability insurance policies shall insure on an occurrence form, except for the products liability coverage which may be written on and not a claims-made formbasis. Any claims-made coverage All insurance carried by Lessee shall be primary to and not contributory with any similar insurance carried by Lessor, whose insurance shall be considered excess insurance only. In addition, Lessee shall obtain and keep in full force from lease commencement date and coverage will excess or umbrella insurance in the amount of $5,000,000 which shall comply in all respects with requirements set forth herein for insurance. Lessee’s policy may be maintained for a period “blanket policy” with an aggregate per location endorsement which specifically provides that the amount of three (3) years after termination of this Lease and its obligations herein. Lessee further agrees to maintain a Workers’ Compensation and Employers’ Liability Insurance insurance shall not be prejudiced by other losses covered by the policy. The limit of liability as respects Employers’ Liability coverage All such policies shall be no less than $[***] per accident. Except for Workers’ Compensation written to apply to all bodily injury (including death), property damage and Employers’ Liability personal injury losses, shall include blanket contractual liability, broad form property damage, independent contractor’s coverage, Lessee agrees that Lessor completed operations, products liability, cross liability and Lessor’s managing agent severance of interest clauses, and shall be named endorsed to include as additional insureds on a primary and non-contributory basis. A duplicate original or a Certificate of Insurance evidencing the insurance requirements contained in the Lease shall be delivered to Lessor upon the execution of this Lease and then annually in advance of each policies renewal. Copies of additional insured endorsements, if required for coverage of additional insureds, also shall be delivered to Lessor. Lessor shall be given thirty (30) days advance written notice , Digital Realty Trust, LP, Digital Realty Trust, Inc., and each of their respective affiliates, agents, beneficiaries, partners, employees, and/or successors in interest, and any required insurance policy cancellation or non-renewalsLender designated by Lessor.

Appears in 1 contract

Samples: Industrial Lease (Solyndra, Inc.)

Carried by Lessee. Lessee agrees to maintain shall obtain and keep in full force a Commercial General Liability Policy of Insurance protecting Lessee and effect from the date on which Lessee first enters the Premises Lessor against claims for any reasonbodily injury, throughout the Lease term, personal injury and thereafter so long as Lessee is in occupancy of any part property damage based upon or arising out of the Premisesownership, a policy of commercial general liability insurance which insures Lessee’s operation and use use, occupancy or maintenance of the Premises and includes premises liability and products liability (including but not limited to cannabis retail/sales and dispensary use), the following exclusionary endorsements may be attached to this form, along with any standard and customary exclusions: nuclear energy exclusion, asbestos exclusion, and employment practices liabilityall areas appurtenant thereto. Lessor, Lessor’s managing agent, Lessor’s Lender, and any other parties reasonably requested by Lessor shall be named additional insureds for ongoing and completed operations on a primary basis and non-contributory. Each such policy shall be written by a reputable and financially sound, duly licensed insurance company with an AM Best rating of at least A-. The minimum limits of liability of such Such insurance shall be $on an occurrence basis providing single limit coverage in an amount not less than [***]1 per occurrence with an “Additional Insured-Managers or Lessors of Premises Endorsement” and contain the “Amendment of the Pollution Exclusion Endorsement” for damage caused by heat, smoke or fumes from a hostile fire. The Policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Lease as an “insured contract” for the performance of Lessee’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Lessee nor relieve Lessee of any obligation hereunder. All insurance carried by Lessee shall be primary to and not contributory with any similar insurance carried by Lessor, whose insurance shall be considered excess insurance only. In addition, Lessee shall obtain and keep in force excess or umbrella insurance in the amount of [***] which shall comply in all respects with requirements set forth herein for each such occurrence and in the aggregateinsurance. All such The amount of insurance coverage required to be carried by Lessee shall be written on an occurrence formsubject to reasonable periodic increases specified by Lessor based upon the recommendations of Lessor’s professional insurance advisers, except for the products requirements of Lessor’s Lender and other relevant factors. The liability coverage which insurance limits required in Paragraph 8.2 (a) may be written on a claims-made form. Any claims-made coverage shall be in full force from lease commencement date and coverage will be maintained for a period obtained by any combination of three (3) years after termination of this Lease and its obligations herein. Lessee further agrees to maintain a Workers’ Compensation and Employers’ Liability Insurance policy. The limit of liability as respects Employers’ Liability coverage shall be no less than $[***] per accident. Except for Workers’ Compensation and Employers’ Liability coverage, Lessee agrees that Lessor and Lessor’s managing agent shall be named as additional insureds on a primary and non-contributory basis. A duplicate original excess or a Certificate of Insurance evidencing the insurance requirements contained in the Lease shall be delivered to Lessor upon the execution of this Lease and then annually in advance of each policies renewal. Copies of additional insured endorsements, if required for coverage of additional insureds, also shall be delivered to Lessor. Lessor shall be given thirty (30) days advance written notice of any required insurance policy cancellation or non-renewalsumbrella liability insurance.

Appears in 1 contract

Samples: Lease Agreement (SAVVIS, Inc.)

Carried by Lessee. Lessee agrees agrees, at its own expense, to maintain in full force and effect from at all times during the date on term of this Lease, as it may be extended, for the protection of Lessee and Lessor, as their interests may appear, policies of insurance issued by a carrier or carriers acceptable to Lessor and with a rating consistent with the requirements of Paragraph 8.5 of the Lease, which Lessee first enters afford the following coverages: (i) Worker's compensation: statutory limits; (ii) Employer's liability: not less than Five Hundred Thousand Dollars ($500,000.00); (iii) Comprehensive general liability insurance including blanket contractual liability, broad form property damage, personal injury (including employees), owned/non-owned auto liability, pollution and hazardous materials liability, completed operations, products liability, and fire damage: not less than Three million Dollars ($3,000,000.00) with a combined single limit for both bodily injury and property damage and naming Lessor, Lessor's agents and Lessor's mortgagees as additional insureds as their respective interests may appear; (iv) except to the extent covered by the insurance for the Premises for any reasonand leasehold improvements required to be carried by the Insuring Party under Paragraph 8.3(a) of the Lease, throughout the Lease term"All Risk" property insurance (including, without limitation, vandalism, malicious mischief, water damage, earthquake, damage from pollution and hazardous materials, course of construction endorsement, sprinkler leakage endorsement, debris removal and demolition coverage, and thereafter so long as Lessee is boiler and machinery coverage) on the Premises and the leasehold improvements, Utility Installations, Alterations, Trade Fixtures, and Lessee's personal property located on or in occupancy of any part of the Premises, which shall be in a policy form providing coverage comparable to the coverage provided in the standard ISO All-Risk form and in an amount equal to the full amount of commercial general liability the replacement cost of the insured items, as the same may from time to time increase as a result of inflation or otherwise; and (v) boiler and machinery insurance, including, but not limited to, steam pipes, pressure pipes, condensation return pipes and other pressure vessels and HVAC equipment, with limits per accident of not less than the replacement cost of all leasehold improvements, Utility Installations (except to the extent covered by the insurance which insures Lessee’s operation and use of for the Premises and includes premises liability and products liability leasehold improvements required to be carried by the Insuring Party under Paragraph 8.3 (including but not limited to cannabis retail/sales and dispensary usea) of the Lease), Alterations, Trade Fixtures, and Lessee's personal property and of all boilers, pressure valves, HVAC equipment and miscellaneous electrical and mechanical equipment in the following exclusionary endorsements may Premises, all with deductibles not to exceed $1,000.00 per occurrence. The insurance policies set forth above shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under the Lease as an "insured contract" for the performance of Lessee's indemnity obligations under the Lease. The limits of said insurance required by the Lease or as carried by Lessee shall not, however, limit the liability of Lessee nor relieve Lessee of any obligation hereunder. All insurance to be attached carried by Lessee shall be primary to this form, along and not contributory with any standard and customary exclusions: nuclear energy exclusion, asbestos exclusion, and employment practices liability. Lessor, Lessor’s managing agent, Lessor’s Lender, and any other parties reasonably requested similar insurance carried by Lessor shall be named additional insureds for ongoing and completed operations on a primary basis and non-contributory. Each such policy shall be written by a reputable and financially sound, duly licensed insurance company with an AM Best rating of at least A-. The minimum limits of liability of such whose insurance shall be $[***] for each such occurrence and in the aggregate. All such considered excess insurance coverage shall be written on an occurrence form, except for the products liability coverage which may be written on a claims-made form. Any claims-made coverage shall be in full force from lease commencement date and coverage will be maintained for a period of three (3) years after termination of this Lease and its obligations herein. Lessee further agrees to maintain a Workers’ Compensation and Employers’ Liability Insurance policy. The limit of liability as respects Employers’ Liability coverage shall be no less than $[***] per accident. Except for Workers’ Compensation and Employers’ Liability coverage, Lessee agrees that Lessor and Lessor’s managing agent shall be named as additional insureds on a primary and non-contributory basis. A duplicate original or a Certificate of Insurance evidencing the insurance requirements contained in the Lease shall be delivered to Lessor upon the execution of this Lease and then annually in advance of each policies renewal. Copies of additional insured endorsements, if required for coverage of additional insureds, also shall be delivered to Lessor. Lessor shall be given thirty (30) days advance written notice of any required insurance policy cancellation or non-renewalsonly."

Appears in 1 contract

Samples: Source Scientific Inc

Carried by Lessee. Lessee agrees to maintain in full force and effect from the date on which Lessee first enters the Premises for any reason, throughout the Lease term, and thereafter so long as Lessee is in occupancy of any part of the Premises, a policy of commercial general liability insurance in form no less broad than ISO CG 00 01 12 04 (or the then successor equivalent from time to time) which insures Lessee’s operation and use of the Premises and includes premises liability and products liability (including but not limited to cannabis retail/sales and dispensary use), the following exclusionary endorsements may be attached to this form, along with any standard and customary exclusions: nuclear energy exclusion, asbestos exclusion, and employment practices liability. LessorThe insurance to be provided shall otherwise be in the broadest and most comprehensive form then generally available from time to time, under which Lessor and Lessor’s managing agent, Lessor’s Lender, agent (and any such other parties reasonably requested by persons as are in privity of estate with Lessor as may be set out in notice from time to time) shall be named additional insureds for ongoing and completed operations insured on a primary basis and non-contributorycontributory using terms no less broad than those found in CG 20 10 07 04 and CG 20 37 10 04 and Lessee is named primary insured, and the insurer shall agree to indemnify and hold Lessor and those in privity of estate with Lessor harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries, and damages mentioned in Paragraph 8.7, to the extent such claims arise from bodily injury, property damage, personal or advertising injury, and are not subject to exclusions within the standard commercial general liability policy. Each such policy shall be written by a reputable and financially sound, duly licensed insurance company with an AM Best rating of at least A-A -VII and a duplicate original or certificate thereof shall be delivered to Lessor. Copies of additional insured endorsements, if required for coverage of additional insureds, also shall be delivered to Lessor. The minimum limits of liability of such insurance shall be $[***] 5,000,000.00 for each such occurrence and in the aggregateaggregate on a per location basis. All such insurance coverage shall be written on an occurrence form, except for the products liability coverage which may shall be written on a claims-made form. Any claims-made , provided coverage shall be is in full force from lease commencement date and coverage will be maintained for a period of three (3) years after termination of this Lease and its obligations herein. 13 of 42 Initials: ______, _______ Lessee further agrees to maintain a Workers’ Compensation and Employers’ Liability Insurance policy. The limit of liability as respects Employers’ Liability coverage shall be no less than $[***] 500,000 per accident. Except for Workers’ Compensation and Employers’ Liability coverage, Lessee agrees that Lessor and Lessor’s managing agent (and such other persons as are in privity of estate with Lessor as may be set out in notice from time to time) shall be named as additional insureds on a primary and non-contributory basis. A duplicate original or a Certificate of Insurance evidencing the insurance requirements contained in the Lease shall be delivered to Lessor upon the execution of this Lease and then annually in advance of each policies renewal. Copies of additional insured endorsements, if required for coverage of additional insureds, also shall be delivered to Lessor. Lessor shall be given thirty (30) days advance written notice of any required insurance policy cancellation or non-renewals.

Appears in 1 contract

Samples: Lease (Zenlabs Holdings Inc)

Carried by Lessee. Lessee agrees to maintain shall obtain and keep in full force a Commercial General Liability Policy of insurance protecting Lessee and effect from the date on which Lessee first enters the Premises Lessor against claims for any reasonbodily injury, throughout the Lease term, personal injury and thereafter so long as Lessee is in occupancy of any part property damage based upon or arising out of the Premisesownership, a policy of commercial general liability insurance which insures Lessee’s operation and use use, occupancy or maintenance of the Premises and includes premises all areas appurtenant thereto. Such insurance shall be on an occurrence basis providing single limit coverage in an amount not less than $2,000,000 per occurrence with an "ADDITIONAL INSURED-MANAGERS OR LESSORS OF PREMISES Endorsement" and contain the "AMENDMENT OF THE POLLUTION EXCLUSION ENDORSEMENT" for damage caused by heat, smoke or fumes from a hostile fire. The Policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Lease as an 'insured contract' for the performance of Lessee's indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Lessee nor relieve Lessee of any obligation hereunder. All insurance carried by Lessee shall be primary to and products liability (including but not limited to cannabis retail/sales and dispensary use), the following exclusionary endorsements may be attached to this form, along contributory with any standard and customary exclusions: nuclear energy exclusion, asbestos exclusion, and employment practices liability. similar insurance carried by Lessor, whose insurance shall be considered excess insurance only. All policies required to be maintained by Lessee shall name Lessor’s managing agent, Lessor’s Lenderits property manager, and any other parties reasonably requested by Lessor lender of Lessor's, as additional insureds. In addition, Lessee shall be named additional insureds for ongoing obtain and completed operations on a primary basis and non-contributory. Each such policy shall be written by a reputable and financially soundkeep in force during the term of the Lease, duly licensed insurance company with an AM Best rating of at least A-. The minimum limits of liability of such insurance shall be $[***] for each such occurrence and "excess" or "umbrella" policy, in the aggregate. All such amount of $5,000,000.00, which shall in all other respects conform to the requirements set forth herein for insurance coverage shall to be written on an occurrence formcarried by the Lessee, except for including, without limitation, those requirements concerning the products liability coverage which may be written on a claims-made form. Any claims-made coverage shall be in full force from lease commencement date named and coverage will be maintained for a period of three (3) years after termination of this Lease and its obligations herein. Lessee further agrees to maintain a Workers’ Compensation and Employers’ Liability Insurance policy. The limit of liability as respects Employers’ Liability coverage shall be no less than $[***] per accident. Except for Workers’ Compensation and Employers’ Liability coverage, Lessee agrees that Lessor and Lessor’s managing agent shall be named as additional insureds on a primary and non-contributory basis. A duplicate original or a Certificate of Insurance evidencing the insurance requirements contained in the Lease shall be delivered to Lessor upon the execution of this Lease and then annually in advance of each policies renewal. Copies of additional insured endorsements, if required for coverage of additional insureds, also shall be delivered the characteristics of the insurer, and the providing of proof of coverage to Lessor. Lessor shall be given thirty (30) days advance written notice of any required insurance policy cancellation or non-renewals.

Appears in 1 contract

Samples: Converse Inc

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