Common use of Carried by Tenant Clause in Contracts

Carried by Tenant. Tenant shall obtain and keep in force during the term of this Lease a Commercial General Liability policy of insurance protecting Tenant, Landlord and any Lender(s) whose names have been provided to Tenant in writing (as additional insureds) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the ownership, use, occupancy or maintenance of the Premises and 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 Landlords 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 Tenant’s indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only.

Appears in 4 contracts

Samples: Rita Medical Systems Inc, Symyx Technologies Inc, Opnext Inc

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Carried by Tenant. Tenant shall obtain and keep in force during the term of this Lease a Commercial General Liability policy Policy of insurance Insurance protecting Tenant, Landlord Landlord, and any Lender(s) whose names have been provided to Tenant in writing (as additional insureds) Landlord’s property manager, if any, against claims for bodily injury, personal injury and property damage based upon, involving upon or arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such The initial amount of 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 Manager’s or Landlords of Premises: endorsement Lessor’s Premises Endorsement” and contain the “Amendment of the Pollution ExclusionExclusion Endorsementendorsement 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 Tenant’s indemnity obligations under this Lease. Tenant shall also obtain and keep in force pollution legal liability insurance with a minimum limit of not less than $2,000,000 per occurrence. The limits of said insurance required by under this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All The commercial general liability and pollution legal liability insurance to be required by this Lease or as carried by Tenant policies shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunderinsure on an occurrence and not a claims-made basis. All insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. In addition, Tenant shall obtain and keep in force excess or umbrella insurance in the amount of $4,000,000 which shall comply in all respects with requirements set forth herein for insurance. Tenant’s policy may be a “blanket policy” with an aggregate per location endorsement which specifically provides that the amount of insurance shall not be prejudice by other losses covered by the policy.

Appears in 2 contracts

Samples: Lease (Globeimmune Inc), Lease (Globeimmune Inc)

Carried by Tenant. Whether or not Tenant is the Insuring Party, Tenant shall obtain and keep in force during the term Term of this Lease a Commercial General Liability commercial general liability policy of insurance protecting Tenant, Tenant and Landlord and any Lender(s) whose names have been provided to Tenant in writing (as an additional insuredsinsured) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the ownership, use, occupancy or maintenance of the Premises and 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 5,000,000 per occurrence with an "Additional Insured-Managers or Landlords of Premises: " endorsement and contain the “an "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 Tenant’s 's indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, . whose insurance shall be considered excess insurance only. All insurance coverage required pursuant to this (P) 16. which is to name Landlord as a named insured shall also name Landlord's subsidiaries, directors, agents, officers and employees as named insureds.

Appears in 2 contracts

Samples: Docent Inc, Docent Inc

Carried by Tenant. Tenant shall obtain and keep in force during the term of this Lease a Commercial General Liability policy of insurance protecting Tenant, Landlord and any Lender(s) whose names have been provided to Tenant in writing (as additional insureds) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the ownership, use, occupancy or maintenance of the Premises and 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 Landlords of Premises: · endorsement and contain the “Amendment of the Pollution Exclusion” endorsement for damage caused by heat, smoke or fumes from a hostile fire. Tenant must either cause their liability policy to be endorsed to include pollution liability coverage, onsite and off site, including release of any pollutants, toxins, or contaminants, whether such release is sudden or prolonged or willful or accidental OR Tenant must procure a separate policy which provides coverage for pollution, liability, premises pollution, on site and off site , including release of any pollutants, toxins, or contaminants, whether such release is sudden or prolonged or willful or accidental. 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 Insured contract” for the performance of Tenant’s indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only.

Appears in 2 contracts

Samples: Responding Party (Penumbra Inc), Responding Party (Penumbra Inc)

Carried by Tenant. Tenant shall obtain and keep in force during the term of this Primary Lease Term a Commercial General Liability policy of insurance protecting Tenant, Landlord and any Lender(s) whose names have been provided to Tenant in writing (as additional insureds) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be on an occurrence basis providing single limit coverage in an amount not less than Three Million Dollars ($1,000,000 3,000,000) per occurrence with an “Additional Insured-Managers or Landlords of Premises: endorsement and contain the “Amendment of at 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 Tenant’s indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. In addition, Tenant shall maintain workers’ compensation insurance as is required by state law.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Applied Films Corp), Single Tenant Lease (Applied Films Corp)

Carried by Tenant. Tenant shall obtain and keep in force during the term of this Lease a Commercial General Liability policy of insurance protecting Tenant, Landlord and any Lender(s) whose names have been provided to Tenant in writing (as additional insureds) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the ownership, use, occupancy or maintenance of the Premises and 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 3,000,000 per occurrence with an “Additional Insured-Managers or Landlords 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 Tenant’s indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only.

Appears in 2 contracts

Samples: Ooma Inc, Ooma Inc

Carried by Tenant. Tenant shall obtain and keep in force during the term of this Lease a Commercial General Liability policy of insurance protecting Tenant, Landlord and any Lender(s) whose names have been provided to Tenant in writing (as additional insuredsinsured) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the ownership, use, occupancy or maintenance of the Premises and 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 Landlords 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 exclusion as between insured persons or organizations, but shall include coverage for liability assumed under this Lease as an “insured contract” "INSURED CONTRACT" for the performance of Tenant’s 's indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only.

Appears in 2 contracts

Samples: SBS Technologies Inc, SBS Technologies Inc

Carried by Tenant. Whether or not Tenant is the Insuring Party, Tenant shall obtain and keep in force during the term Term of this Lease a Commercial General Liability commercial general liability policy of insurance protecting Tenant, Tenant and Landlord and any Lender(s) whose names have been provided to Tenant in writing (as an additional insuredsinsured) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the ownership, use, occupancy or maintenance of the Premises and 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 5,000,000 per occurrence with an “Additional Insured-Managers or Landlords of Premises: endorsement and contain the an “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 Tenant’s indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. All insurance coverage required pursuant to this ¶16. which is to name Landlord as an additional named insured shall also name Landlord’s subsidiaries, directors, agents, members, managers, officers and employees as named insureds.

Appears in 2 contracts

Samples: Lsi Logic Corp, Lsi Logic Corp

Carried by Tenant. Tenant shall obtain and keep in force during the term of this Lease a Commercial General Liability policy Policy of insurance Insurance protecting Tenant, Tenant and Landlord and any Lender(s) whose names have been provided to Tenant in writing (as additional insureds) against claims for bodily injury, personal injury and property damage based upon, involving upon or arising out of the ownership, use, occupancy or maintenance of the Premises and 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 3,000,000 with an “Additional Insured"ADDITIONAL INSURED-Managers or Landlords of Premises: endorsement MANAGERS OR LESSORS OF PREMISES ENDORSEMENT" and contain the “Amendment of the Pollution Exclusion” endorsement "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 Tenant’s 's indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. Notwithstanding the provisions of this Paragraph 8, Tenant shall be allowed to self-insure the losses and risks for which Tenant is obligated to maintain insurance under this Paragraph 8, except the property insurance required under Paragraph 8.3(a), provided Tenant maintains a net worth of not less than One Hundred Million Dollars ($100,000,000). As a condition to Tenant's right to self-insure, Tenant shall provide Landlord with its most recent annual and/or quarterly reports showing that Tenant satisfies the foregoing financial threshold. All such reports shall have been certified by Tenant's chief financial officer (or officer with equivalent knowledge and authority) to be a materially accurate reflection of Tenant's net worth and financial condition as of the date of presentation of such reports to Landlord.

Appears in 1 contract

Samples: Lease Agreement (Intuit Inc)

Carried by Tenant. Whether or not Tenant is the Insuring Party, Tenant shall obtain and keep in force during the term Term of this Lease a Commercial General Liability commercial general liability policy of insurance protecting Tenant, Tenant and Landlord and any Lender(s) whose names have been provided to Tenant in writing (as an additional insuredsinsured) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the ownership, use, occupancy or maintenance of the Premises and 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 5,000,000 per occurrence with an “Additional Insured-Managers or Landlords of Premises: endorsement and contain the an “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 Tenant’s indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. All insurance coverage required pursuant to this ¶ 16. which is to name Landlord as an additional named insured shall also name Landlord’s subsidiaries, directors, agents, members, managers, officers and employees as named insureds.

Appears in 1 contract

Samples: Lsi Logic Corp

Carried by Tenant. Whether or not Tenant is the Insuring Party, Tenant shall obtain and keep in force during the term Term of this Lease a Commercial General Liability commercial general liability policy of insurance protecting Tenant, Tenant and Landlord and any Lender(s) whose names have been provided to Tenant in writing (as an additional insuredsinsured) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the ownership, use, occupancy or maintenance of the Premises and 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 2,000,000.00 per occurrence with an "Additional Insured-Managers or Landlords of Premises: " endorsement and contain the “an "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 Tenant’s 's indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be required by this Lease or as carried carded by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. All insurance coverage required pursuant to this P. 16. which is to name Landlord as a named insured shall also name Landlord's subsidiaries, directors, agents, officers and employees as named insureds.

Appears in 1 contract

Samples: Vina Technologies Inc

Carried by Tenant. Tenant shall obtain and keep in force during the term Term of this Lease a Commercial General Liability policy of insurance protecting Tenant, Landlord and any Lender(s) whose names have been provided (including but not limited to Tenant in writing (as additional insureds) against claims for third party bodily injury, personal injury injury, property damage, and property damage premises liability) protecting Tenant against claims based upon, involving or arising out of the ownership, their use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be on an occurrence basis providing single limit coverage in an amount of not less than five million dollars ($1,000,000 5,000,000) per occurrence with an “Additional Insured-Managers or Landlords of Premises: endorsement and contain occurrence, except in the “Amendment of the Pollution Exclusion” endorsement for damage caused by heat, smoke or fumes from a hostile fireannual aggregate as respects personal injury. The policy shall not (i) name Landlord and Lender(s) whose names have been provided to Tenant in writing as additional insureds for their interests (ii) contain several liability and cross liability clauses in favor of Landlord and any intra-insured exclusions as between insured persons or organizationssuch Lender(s), but shall (iii) include coverage for liability assumed under this Lease as an "insured contract" for the performance of Tenant’s 's indemnity obligations under this Lease, and (iv) including coverage for liability arising from acts of terrorism to the extent available from or with the assistance of the U.S. government or from private carriers on commercially reasonable terms. The limits of said insurance required by this Lease lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation obligations hereunder. All insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. In addition, Tenant shall maintain workers' compensation insurance as is required by state law.

Appears in 1 contract

Samples: Lease Agreement (Frontier Airlines Inc /Co/)

Carried by Tenant. Whether or not Tenant is the Insuring Party, Tenant shall obtain and keep in force during the term Term of this Lease a Commercial General Liability commercial general liability policy of insurance protecting Tenant, Tenant and Landlord and any Lender(s) whose names have been provided to Tenant in writing (as an additional insuredsinsured) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the ownership, use, occupancy or maintenance of the Premises and 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 2,000,000 per occurrence with an "Additional Insured-Managers or Landlords of Premises: " endorsement and contain the “an "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-intra- insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Lease as an "insured contract" for the performance of Tenant’s 's indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. All insurance coverage required pursuant to this par16. which is to name Landlord as a named insured shall also name Landlord's subsidiaries, directors, agents, officers and employees as named insureds.

Appears in 1 contract

Samples: Media Arts Group Inc

Carried by Tenant. Whether or not Tenant is the Insuring Party. Tenant shall obtain and keep in force during the term Term of this Lease a Commercial General Liability commercial general liability policy of insurance protecting Tenant, Tenant and Landlord and any Lender(s) whose names have been provided to Tenant in writing (as an additional insuredsinsured) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the ownership, use, occupancy or maintenance of the Premises and 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 13,000,000 per occurrence with an “Additional Insured-Managers or Landlords of Premises: endorsement and contain the an “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 Tenant’s indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried earned by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. All insurance coverage required pursuant to this ¶16. which is to name Landlord as a named insured shall also name Landlord’s subsidiaries, directors, agents, officers and employees as named insureds.

Appears in 1 contract

Samples: Pixelworks Inc

Carried by Tenant. Tenant shall obtain and keep in force during the term of this Lease a Commercial General Liability commercial general liability policy of insurance protecting Tenant, Landlord and any Lender(s) whose names have been provided to Tenant in writing (as additional insuredsinsured) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the ownership, use, occupancy or maintenance of the Premises and 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 ($1,000,000 2,000,000) per occurrence with an "Additional Insured-Managers or Landlords of Premises: " endorsement and contain the "Amendment of at 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 Tenant’s 's indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. In addition, Tenant shall maintain workers' compensation insurance as is required by state law.

Appears in 1 contract

Samples: Multi Tenant Lease (Zynex Medical Holdings Inc)

Carried by Tenant. Tenant shall obtain and keep in force during the term of this Lease a Commercial General Liability policy Policy of insurance Insurance protecting Tenant, Landlord and any Lender(s) whose names have been provided to Tenant in writing (as additional insureds) Landlord’s property manager, if any, against claims for bodily injury, personal injury and property damage based upon, involving upon or arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such The initial amount of such insurance shall be on an occurrence basis providing single limit coverage in an amount not less than $1,000,000 5,000,000 per occurrence with an “Additional Insured-Managers Manager’s or Landlords of Premises: endorsement Lessor’s Premises Endorsement” and contain the “Amendment of the Pollution ExclusionExclusion Endorsementendorsement 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 Tenant’s indemnity obligations under this Lease. Tenant shall also obtain and keep in force pollution legal liability insurance with a minimum limit of not less than $2,000,000 per occurrence. The limits of said insurance required by under this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All The commercial general liability and pollution legal liability insurance to be required by this Lease or as carried by Tenant policies shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunderinsure on an occurrence and not a claims-made basis. All insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. Tenant’s policy may be a “blanket policy” with an aggregate per location endorsement which specifically provides that the amount of insurance shall not be prejudice by other losses covered by the policy.

Appears in 1 contract

Samples: Lease (Replidyne Inc)

Carried by Tenant. Whether or not Tenant is the Insuring Party, Tenant shall obtain and keep in force during the term Term of this Lease a Commercial General Liability commercial general liability policy of insurance protecting Tenant, Tenant and Landlord and any Lender(s) whose names have been provided to Tenant in writing (as an additional insuredsinsured) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the ownership, use, occupancy or maintenance of the Premises and 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 3,000,000 per occurrence with an "Additional Insured-Managers or Landlords of Premises: " endorsement and contain the “an "Amendment of the Pollution Exclusion” endorsement " for damage caused by heat, smoke or fumes from a hostile firefire or other such forms as may be acceptable to Landlord. 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 Tenant’s 's indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. All insurance coverage required pursuant to this Paragraph 16. which is to name Landlord as a named insured shall also name Landlord's subsidiaries, directors, agents, officers and employees as named insureds.

Appears in 1 contract

Samples: Infoseek Corp

Carried by Tenant. Whether or not Tenant is the Insuring Party, Tenant shall obtain and keep in force during the term Term of this Lease a Commercial General Liability commercial general liability policy of insurance protecting Tenant, Tenant and Landlord and any Lender(s) whose names have been provided to Tenant in writing (as an additional insuredsinsured) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the ownership, use, occupancy or maintenance of the Premises and 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 2,000,000 per occurrence with an "Additional Insured-Managers or Landlords of Premises: " endorsement and contain the “an "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 Tenant’s 's indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. All insurance coverage required pursuant to this P.16. which is to name Landlord as a named insured shall also name Landlord's subsidiaries, directors, agents, officers and employees as named insureds.

Appears in 1 contract

Samples: Arena Pharmaceuticals Inc

Carried by Tenant. Tenant shall shall, at Tenant's sole cost and expense, obtain and keep in force during the term of this Lease a Commercial General Liability commercial (comprehensive) liability insurance policy of insurance protecting Tenant, Landlord and any Lender(s) whose names have been provided to Tenant in writing (as additional insureds) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the ownership, use, occupancy or maintenance of the Premises Premises. For the purposes of this Lease, a "Lender" is a mortgagee under a mortgage or a beneficiary under a deed of trust granted by Landlord or Landlord's predecessor and all areas appurtenant theretowhich is a lien on the Premises. 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-Insured - Managers or Landlords 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 intrainter-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Lease as an "insured contract" for the performance of Tenant’s 's indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only.

Appears in 1 contract

Samples: Lease Agreement (Greatfood Com Inc)

Carried by Tenant. Whether or not Tenant is the Insuring Party, Tenant shall obtain and keep in force during the term Term of this Lease a Commercial General Liability commercial general liability policy of insurance protecting Tenant, Tenant and Landlord and any Lender(s) whose names have been provided to Tenant in writing (as an additional insuredsinsured) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the ownership, use, occupancy or maintenance of the Premises and 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 5,000,000 per occurrence with an “Additional Insured-Managers or Landlords of Premises: endorsement and contain the an “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 Tenant’s indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. All insurance coverage required pursuant to this ¶16, which is to name Landlord as a named insured shall also name Landlord’s subsidiaries, directors, agents, officers and employees as named insureds.

Appears in 1 contract

Samples: Lease (Docent Inc)

Carried by Tenant. Whether or not Tenant is the Insuring Party, Tenant shall obtain and keep in force during the term Term of this Lease a Commercial General Liability commercial general liability policy of insurance protecting Tenant, Tenant and Landlord and any Lender(s) whose names have been provided to Tenant in writing (as an additional insuredsinsured) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the ownership, use, occupancy or maintenance of the Premises and 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 3,000,000 per occurrence with an "Additional Insured-Managers or Landlords of Premises: " endorsement and contain the “an "Amendment of the Pollution Exclusion” endorsement " for damage caused by heat, smoke or fumes from a hostile firefire or other such forms as may be acceptable to Landlord. 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 Tenant’s indemnity 's Indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. All insurance coverage required pursuant to this (P)16. which is to name Landlord as a named insured shall also name Landlord's subsidiaries, directors, agents, officers and employees as named insureds.

Appears in 1 contract

Samples: Infoseek Corp

Carried by Tenant. Whether or not Tenant is the Insuring Party, Tenant shall obtain and keep in force during the term Term of this Lease a Commercial General Liability workers’ compensation insurance and commercial general liability policy of insurance protecting Tenant, Tenant and Landlord and any Lender(s) whose names have been provided to Tenant in writing (as an additional insuredsinsured) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the ownership, use, occupancy or maintenance of the Premises and 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 3,000,000 per occurrence with an “Additional Insured-Insured Managers or Landlords of Premises: endorsement and contain the an “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 Insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Lease as an “insured contract” for the performance of Tenant’s indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried carded by Landlord, whose insurance shall be considered excess insurance only. All insurance coverage required pursuant to this ¶16 which is to name Landlord as an additional insured shall also name Landlord’s members and managers as additional insureds.

Appears in 1 contract

Samples: 3PAR Inc.

Carried by Tenant. Tenant shall obtain and keep in force during the term of this Lease a Commercial General Liability policy of insurance protecting Tenant, Landlord and any Lender(s) whose names have been provided to Tenant in writing (as additional insureds) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the ownership, use, occupancy or maintenance of the Premises and 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 Landlords 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 Tenant’s 's indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only.

Appears in 1 contract

Samples: Wavesplitter Technologies Inc

Carried by Tenant. Tenant shall obtain and keep in force during the term of this Lease a Commercial General Liability policy of insurance protecting Tenant, Landlord and any Lender(s) whose names have been provided to Tenant in writing (as additional insureds) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the ownership, use, occupancy or maintenance of the Premises and 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 Landlords 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 Tenant’s indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only.

Appears in 1 contract

Samples: EGAIN Corp

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Carried by Tenant. Tenant shall obtain and keep in force during the term of this Lease Lease, at Tenant's expense, a Commercial General Liability policy of insurance protecting Tenant, Tenant and naming Landlord (STATE OF CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM) and any Lender(s) whose names have been provided to Tenant in writing (Landlord's appointed Property Manager as additional insureds) insureds against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be on an occurrence basis providing single limit coverage in an amount not less than TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,000,000 2,500,000.00) per occurrence with an "Additional Insured-Managers or Landlords of Premises: endorsement " 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 Tenant’s 's indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only.

Appears in 1 contract

Samples: Industrial Lease (Big Dog Holdings Inc)

Carried by Tenant. Tenant shall obtain and keep in force during the term of this Lease a Commercial General Liability commercial (comprehensive) liability insurance policy of insurance protecting Tenant, Landlord and any Lender(s) whose names have been provided to Tenant in writing (as additional insureds) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. For the purposes of this Lease, a "Lender" is a mortgagee under a mortgage or a beneficiary under a deed of trust granted by Landlord or Landlord's predecessor and which is a lien on the Premises. 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-Insured - Managers or Landlords 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 intrainter-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Lease as an "insured contract" for the performance of Tenant’s 's indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only.

Appears in 1 contract

Samples: Sublease Agreement (Amazon Com Inc)

Carried by Tenant. Tenant TENANT shall obtain and keep in force during the term of this Lease a Commercial General Liability commercial general liability policy of insurance protecting Tenant, Landlord TENANT and any Lender(s) whose names have been provided to Tenant in writing (LANDLORD as an additional insureds) insured against claims for bodily injury, personal injury and property damage based upon, involving upon or arising out of the ownership, use, occupancy or maintenance of the Premises and 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 5,000,000 per occurrence with an “Additional Insured-Managers or Landlords annual aggregate of Premises: endorsement not less than $5,000,000, and contain the “Amendment of the Pollution Exclusion” endorsement for damage caused by heatsuch endorsements as LANDLORD may reasonably require, smoke or fumes from a hostile fireincluding, but not limited to, Per Location Aggregate and Contractual Liability endorsements. 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 Tenant’s TENANT'S indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant TENANT nor relieve Tenant TENANT of any obligation hereunder. All insurance to be required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Tenant TENANT shall be primary to and not contributory with any similar insurance carried by LandlordLANDLORD, whose insurance shall be considered excess insurance only. TENANT shall be responsible for the cost and expense of such insurance and if it is obtained by LANDLORD, TENANT shall pay the cost thereof within 10 days following receipt of an invoice.

Appears in 1 contract

Samples: Property Lease (Quality Products Inc)

Carried by Tenant. Whether or not Tenant is the Insuring Party, Tenant shall obtain and keep in force during the term Term of this Lease a Commercial General Liability commercial general liability policy of insurance protecting Tenant, Tenant and Landlord and any Lender(s) whose names have been provided to Tenant in writing (as an additional insuredsinsured) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the ownership, use, occupancy or maintenance of the Premises and 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 5,000,000 per occurrence with an "Additional Insured-Managers or Landlords of Premises: " endorsement and contain the “an "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 Tenant’s 's indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. All insurance coverage required pursuant to this (P)16. which is to name Landlord as a named insured shall also name Landlord's subsidiaries, directors, agents, officers and employees as named insureds.

Appears in 1 contract

Samples: Medarex Inc

Carried by Tenant. Tenant shall obtain and keep in force during the term of this Lease a Commercial General Liability policy of insurance protecting Tenant, Landlord and any Lender(s) whose names have been provided to Tenant in writing (as additional insuredsinsured) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be on an occurrence basis providing single limit coverage in an amount not less than Three Million Dollars ($1,000,000 3,000,000) per occurrence with an “Additional Insured-Managers or Landlords of Premises: endorsement and contain the “Amendment of at 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 Tenant’s indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. In addition, Tenant shall maintain workers’ compensation insurance as is required by state law.

Appears in 1 contract

Samples: Industrial Multi Tenant Lease (Ironclad Performance Wear Corp)

Carried by Tenant. Tenant shall obtain and keep in force during the term of this Lease a Commercial General Liability policy of insurance in customary form (a "CGL Policy" or "CGL Insurance") protecting Tenant, Landlord and any Lender(s) whose names have been provided to Tenant in writing (as additional insureds) against claims for bodily injury, personal injury and property damage based upon, involving upon or arising out of the ownership, use, occupancy or maintenance of the Premises and 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 5,000,000 per occurrence with an "Additional Insured-Managers or Landlords of Premises: endorsement Premises Endorsement" and contain the “an "Amendment of the Pollution Exclusion” endorsement Exclusion Endorsement" for damage caused by heat, smoke or fumes from a hostile fire, naming Landlord, its agents, affiliates, assignees and lenders as Additional Insureds. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage to the extent customary for liability assumed under this Lease as an "insured contract" for the performance of Tenant’s 's indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All liability insurance to be required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only.

Appears in 1 contract

Samples: Factory 2 U Stores Inc

Carried by Tenant. Tenant shall obtain and keep in force during the term Term of this Lease a Commercial General Liability policy of insurance protecting Tenant, Landlord and any Lender(s) whose names have been provided to Tenant in writing (as additional insureds) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the ownership, use, occupancy or maintenance of the Premises and 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 Landlords of Premises: endorsement and contain the “Amendment of the Pollution Exclusion” endorsement for damage caused by heat, smoke or fumes from a hostile fire" endorsement. 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 Tenant’s 's indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. In addition, Tenant shall maintain workers' compensation insurance as is required by state law.

Appears in 1 contract

Samples: Lease (Frontier Airlines Inc /Co/)

Carried by Tenant. Tenant shall obtain and keep in force during the term of this Lease a Commercial General Liability policy of insurance protecting Tenant, Landlord and any Lender(s) whose names have been provided to Tenant in writing (as additional insureds) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the ownership, use, occupancy or maintenance of the Premises and 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 Landlords of Premises: endorsement and contain the “Amendment of the Pollution Exclusion” endorsement for damage caused by heat, smoke or fumes from a hostile fire. Tenant must either cause their liability policy to be endorsed to include pollution liability coverage, onsite and off site, including release of any pollutants, toxins, or contaminants, whether such release is sudden or prolonged or willful or accidental OR Tenant must procure a separate policy which provides coverage for pollution, liability, premises pollution, on site and off site, including release of any pollutants, toxins, or contaminants, whether such release is sudden or prolonged or willful or accidental. 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 Tenant’s indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only.

Appears in 1 contract

Samples: Penumbra Inc

Carried by Tenant. Tenant shall obtain and keep in force during the term of this Lease a Commercial General Liability policy of insurance protecting Tenant, Landlord and any Lender(s) whose names have been provided to Tenant in writing (as additional insureds) against claims for bodily injury, personal injury and property damage based upon, involving Involving or arising out of the ownership, use, occupancy or maintenance of the Premises and 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 Landlords of Premises: endorsement and contain the “Amendment of the Pollution Exclusion” endorsement for damage caused by heat, smoke or fumes from a hostile fire. Tenant must either cause their liability policy to be endorsed to include pollution liability coverage, onsite and off site, including release of any pollutants, toxins, or contaminants, whether such release is sudden or prolonged or willful or accidental OR Tenant must procure a separate policy which provides coverage for pollution, liability, premises pollution, on site and off site, including release of any pollutants, toxins, or contaminants, whether such release is sudden or prolonged or willful or accidental. 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 Tenant’s indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only.

Appears in 1 contract

Samples: Penumbra Inc

Carried by Tenant. Tenant shall obtain and keep in full force and effect during the term Term of this Lease and any renewals or extensions thereof a Commercial Comprehensive General Liability policy Policy of insurance Insurance protecting Tenant, Tenant and Landlord and any Lender(s) whose names have been provided to Tenant in writing (as an additional insuredsnamed insured) against claims for bodily injury, personal injury injury, and property damage based upon, involving involving, or arising out of the ownership, use, occupancy or maintenance of the Leased Premises and all areas appurtenant thereto. Such insurance shall be on an occurrence basis providing for single limit coverage in an amount not less than $1,000,000 per occurrence with an Additional Insured-Insured - Managers or Landlords Lessors of Premises: endorsement and contain the “Amendment of the Pollution Exclusion” endorsement for damage caused by heat, smoke or fumes from a hostile firePremises Endorsement. 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” contract for the performance of Tenant’s indemnity obligations under this Lease. The limits terms of said insurance required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. Tenant shall provide Landlord with written evidence that such insurance is in force.

Appears in 1 contract

Samples: 1commercial Lease Agreement (Orange 21 Inc.)

Carried by Tenant. Whether or not Tenant is the Insuring Party, Tenant shall obtain and keep in force during the term Term of this Lease a Commercial General Liability workers’ compensation insurance and commercial general liability policy of insurance protecting Tenant, Tenant and Landlord and any Lender(s) whose names have been provided to Tenant in writing (as an additional insuredsinsured) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the ownership, use, occupancy or maintenance of the 5070 Premises and all areas appurtenant theretothereto prior to the 5020 Commencement Date and the entire Premises and all areas appurtenant thereto from and after the 5020 Commencement Date. Such insurance shall be on an occurrence basis providing single limit coverage in an amount not less than $1,000,000 3,000,000 per occurrence with an “Additional Insured-Insured Managers or Landlords of Premises: endorsement and contain the an “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 Insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Lease as an “insured contract” for the performance of Tenant’s indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried carded by Landlord, whose insurance shall be considered excess insurance only. All insurance coverage required pursuant to this ¶16 which is to name Landlord as an additional insured shall also name Landlord’s members and managers as additional insureds.

Appears in 1 contract

Samples: 3PAR Inc.

Carried by Tenant. Tenant shall obtain and keep in force during the term of this Lease a Commercial General Liability policy of insurance protecting Tenant, Landlord and any Lender(s) whose names have been provided to Tenant in writing (as additional insuredsinsured) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the ownership, use, occupancy or maintenance of the Premises and 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 Landlords 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 Tenant’s indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only.

Appears in 1 contract

Samples: ADESTO TECHNOLOGIES Corp

Carried by Tenant. Tenant shall obtain and keep in force during the term of this Lease a Commercial General Liability policy of insurance protecting Tenant, Landlord and any Lender(s) whose names have been provided to Tenant in writing (as additional insureds) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be on an occurrence basis providing single limit coverage with broad form general liability endorsement in an amount not less than $1,000,000 2,000,000.00 per occurrence with an "Additional Insured-Managers or Landlords of Premises: " endorsement and contain the "Amendment of the Pollution Exclusion" endorsement for damage caused by heat, smoke or fumes from a caused by hostile fire, with a deductible satisfactory to Landlord. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include Include coverage for liability assumed under this Lease as an "insured contract" for the performance of Tenant’s 's indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. Tenant shall increase said insurance coverage as required by Landlord, not more frequently than once each year, if, in the reasonable opinion of Landlord, the amount of liability insurance required hereunder is inadequate.

Appears in 1 contract

Samples: Commencement Date Agreement (Brainy Brands Company, Inc.)

Carried by Tenant. Tenant shall obtain purchase and keep in force during the term of this Lease maintain a Commercial General Liability policy of insurance protecting Tenant, Tenant and Landlord and any Lender(s) whose names have been provided to Tenant in writing (as an additional insureds) insured against claims for bodily injury, personal injury and property damage based upon, involving upon or arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be on an occurrence basis providing single limit coverage in an amount not less than One Million Dollars ($1,000,000 1,000,000) per occurrence with an annual aggregate of not less than Two Million Dollars ($2,000,000). Tenant shall add Landlord as an additional insured by means of an endorsement at least as broad as the Insurance Service Organization’s “Additional Insured-Managers or Landlords of Premises: endorsement and contain the “Amendment of the Pollution Exclusionendorsement for damage caused by heat, smoke or fumes from a hostile fireEndorsement. 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 Tenant’s indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be required by this Lease or as carried by Tenant shall not, however, limit the provide an endorsement on its liability of Tenant nor relieve Tenant of any obligation hereunder. All policy(ies) which provides that its insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. All such insurance shall be issued by an insurer reasonably approved by Landlord and authorized to do business in the State of Utah. Tenant shall provide evidence from the insurance company of such insurance stating the policy limits. In the event Tenant fails to purchase and/or maintain the insurance required under this ARTICLE 6, in addition to such being an event of default under Paragraph 13.01 hereof, Tenant shall be liable for any and all damage occasioned by any such insurable loss that would otherwise have been covered under the insurance policy required hereunder, whether incurred by Landlord, Tenant, or other party.

Appears in 1 contract

Samples: Industrial Net Lease (OVERSTOCK.COM, Inc)

Carried by Tenant. Whether or not Tenant is the Insuring Party, Tenant shall obtain and keep in force during the term Term of this Lease a Commercial General Liability commercial general liability policy of insurance protecting Tenant, protection Tenant and Landlord and any Lender(s) whose names have been provided to Tenant in writing (as an additional insuredsinsured) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the ownership, use, occupancy or maintenance of the Premises and 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 2,000,000 per occurrence with an "Additional Insured-Managers or Landlords of Premises: " endorsement and contain the “an "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 Tenant’s 's indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, Landlord whose insurance shall be considered excess insurance only. All insurance coverage required pursuant to this (P)16. which is to name Landlord as a named insured shall also name Landlord's subsidiaries, directors, agents, officers and employees as named insureds.

Appears in 1 contract

Samples: Biomarin Pharmaceutical Inc

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