Common use of General Insurance Requirements Clause in Contracts

General Insurance Requirements. All policies of liability insurance so obtained and maintained, including any umbrella liability insurance policies, shall (a) be carried in the name of Tenant, (b) name Landlord, any Security Holder and Landlord’s designated agents as additional insureds, pursuant to an endorsement providing coverage at least as broad as ISO form CG 2010 11/85 or equivalent (which shall permit any such additional insureds to recover attorneys’ fees and costs as the prevailing party in any dispute with the insurer), (c) be the primary insurance providing coverage for Landlord (any other liability insurance maintained by Landlord to be excess and non-contributing), (d) contain a cross-liability endorsement stating that the rights of insureds shall not be prejudiced by one insured making a claim or commencing an action against another insured, (e) include severability of interest clauses, products-completed operations and coverage of independent contractors, and (f) include breach of conditions coverage in favor of Landlord and the other additional insureds. The insurance requirements in this Paragraph 8 shall not in any way limit, in either scope or amount, the indemnity obligations separately owed by Tenant to Landlord under this Lease, or the liability of Tenant for nonperformance of its obligations or for loss or damage for which Tenant is responsible hereunder. No endorsement limiting or excluding a required coverage is permitted. Duly executed certificates of insurance of such insurance policies required to be carried by Tenant shall be delivered to Landlord prior to the date that Tenant occupies the Premises for any reason, and evidence of renewals of such policies shall be delivered to Landlord as soon as possible prior to the expiration of each respective policy term. All Tenant’s insurance shall provide that the insurer agrees not to cancel the policy without at least thirty (30) days’ prior written notice to Tenant (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall give Tenant at least ten (10) days’ prior notice). Tenant shall notify Landlord within ten (10) days following receipt of any such notice of cancellation or any material modification of any policy of insurance applicable to the Premises required under this Paragraph. If at any time during the Term (i) the amount or coverage of insurance which Tenant is required to carry under Paragraph 8.2 is, in Landlord’s reasonable judgment, materially less than the amount or type of insurance coverage typically carried by tenants leasing space in Comparable Buildings which are similar to and operated for similar purposes as the Premises or (b) Tenant’s use of the Premises should change with or without Landlord’s consent, Landlord shall have the right to require Tenant to increase the amount or change the types of insurance coverage required under Paragraph 8.2, provided that any increase of insurance required pursuant to clause (i) shall be uniformly imposed by Landlord on all office tenants within the Building. All insurance policies required to be carried by Tenant under this Lease shall be written by companies rated A- VII or better in Best’s Insurance Guide and authorized to do business in the state in which the Building is located. Payment of any deductibles shall be the sole responsibility of Tenant. Tenant shall deliver to Landlord on or before the Delivery Date, and thereafter as soon as possible before the expiration dates of the expired policies, a certificate of insurance providing evidence of the insurance coverage required under this Paragraph 8. If Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at Landlord’s option and in addition to Landlord’s other remedies in the Event of a Default by Tenant hereunder, procure the same for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent.

Appears in 2 contracts

Samples: Freshworks Inc., Freshworks Inc.

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General Insurance Requirements. All policies of liability insurance so obtained and maintained, including any umbrella liability insurance policies, shall (a) be carried in the name of Tenant, (b) name Landlord, any Security Holder and Landlord’s designated agents as additional insureds, pursuant to an endorsement providing coverage at least as broad as ISO form CG 2010 11/85 or equivalent (which shall permit any such additional insureds to recover attorneys’ fees and costs as the prevailing party in any dispute with the insurer), (c) be the primary insurance providing coverage for Landlord (any other liability insurance maintained by Landlord to be excess and non-contributing), (d) contain a cross-liability endorsement stating that the rights of insureds shall not be prejudiced by one insured making a claim or commencing an action against another insured, (e) include severability of interest clauses, products-completed operations and coverage of independent contractors, and (f) include breach of conditions coverage in favor of Landlord and the other additional insureds. The insurance requirements in this Paragraph 8 shall not in any way limit, in either scope or amount, the indemnity obligations separately owed by that Tenant is required to Landlord carry under this Lease, or the liability of Tenant for nonperformance of its obligations or for loss or damage for which Tenant is responsible hereunderSection 1.1 may be held under a blanket policy. No endorsement limiting or excluding a required coverage is permitted. Duly executed certificates of insurance of such insurance All policies required to be carried by Tenant shall be delivered to Landlord prior to the date that Tenant occupies the Premises for any reason, and evidence of renewals of such policies shall be delivered to Landlord as soon as possible prior to the expiration of each respective policy term. All Tenant’s contractors, subcontractors and movers hereunder must be issued by and binding upon an insurance shall provide that the insurer agrees not to cancel the policy without at least thirty (30) days’ prior written notice to Tenant (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall give Tenant at least ten (10) days’ prior notice). Tenant shall notify Landlord within ten (10) days following receipt of any such notice of cancellation or any material modification of any policy of insurance applicable to the Premises required under this Paragraph. If at any time during the Term (i) the amount or coverage of insurance which Tenant is required to carry under Paragraph 8.2 is, in Landlord’s reasonable judgment, materially less than the amount or type of insurance coverage typically carried by tenants leasing space in Comparable Buildings which are similar to and operated for similar purposes as the Premises or (b) Tenant’s use of the Premises should change with or without Landlord’s consent, Landlord shall have the right to require Tenant to increase the amount or change the types of insurance coverage required under Paragraph 8.2, provided that any increase of insurance required pursuant to clause (i) shall be uniformly imposed by Landlord on all office tenants within the Building. All insurance policies required to be carried by Tenant under this Lease shall be written by companies rated A- VII or better in Best’s Insurance Guide and authorized company licensed to do business in the state in which the Building property is locatedlocated with a rating of at least “A-” “VIII” or better as set forth in the most current issue of Best’s Key Rating Guide, unless otherwise approved by Landlord. Payment Tenant will not do or permit anything to be done that would invalidate the insurance policies required. Liability insurance maintained by Tenant and Tenant’s contractors and movers will be primary coverage without right of contribution by any similar insurance that may be maintained by Landlord. Tenant’s liability insurance deductibles may not exceed $0.00, and Tenant’s property insurance deductibles may not exceed $5,000.00. Certificates of insurance, acceptable to Landlord, evidencing the existence and amount of each liability insurance policy required hereunder and Evidence of Property Insurance Form, Xxxxx 27, evidencing property insurance as required will be delivered to Landlord prior to delivery or possession of the Premises and ten days prior to each renewal date. Certificates of insurance will include an endorsement for each policy showing that the Required Additional Insureds are included as additional insureds on liability policies (except employer’s liability). The Evidence of Property Insurance Form will name Landlord as loss payee for property insurance as respects Landlord’s interest in improvements and betterments. Further, the certificates must include an endorsement for each policy whereby the insurer agrees not to cancel or non-renew the policy, or reduce the coverage below the limits required in this Lease, without at least 30 days’ prior notice to Landlord and Landlord’s managing agent. If Tenant fails to provide evidence of insurance required to be provided by Tenant hereunder, prior to commencement of the term and thereafter during the term, within 10 days following Landlord’s request thereof, and 10 days prior to the expiration date of any such coverage, Landlord will be authorized (but not required) to procure such coverage in the amount stated with all costs thereof to be chargeable to Tenant and payable upon written invoice thereof. The limits of insurance required by this lease, or as carried by Tenant, will not limit the liability of Tenant or relieve Tenant of any obligation thereunder, except to the extent provided for under Paragraph 17 (Waiver of Claims; Waiver of Subrogation) of the Lease. Any deductibles shall selected by Tenant will be the sole responsibility of Tenant. Tenant shall deliver to Landlord on or before the Delivery Date, and thereafter as soon as possible before the expiration dates of the expired policies, a certificate of insurance providing evidence of the insurance coverage required under this Paragraph 8. If Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at Landlord’s option its sole discretion, change the insurance policy limits and forms which are required to be provided by Tenant; such changes will be made to conform with common insurance requirements for similar properties in addition to Landlord’s other remedies in the Event of a Default by Tenant hereunder, procure the same for the account of Tenant, and the cost thereof shall be paid to similar geographic locations. Landlord as Additional Rentwill not change required insurance limits or forms more often than once per calendar year.

Appears in 2 contracts

Samples: Office Lease Agreement (Liquid Holdings Group LLC), Office Lease Agreement (Liquid Holdings Group LLC)

General Insurance Requirements. All policies of liability insurance so obtained and maintained, including any umbrella liability insurance policies, shall (a) be carried in the name of Tenant, (b) name Landlord, any Security Holder and Landlord’s designated agents as additional insureds, pursuant to an endorsement providing coverage at least as broad as ISO form CG 2010 11/85 or equivalent (which shall permit any such additional insureds to recover attorneys’ fees and costs as the prevailing party in any dispute with the insurer), (c) be the primary insurance providing coverage for Landlord (any other liability insurance maintained by Landlord to be excess and non-contributing), (d) contain a cross-liability endorsement stating that the rights of insureds shall not be prejudiced by one insured making a claim or commencing an action against another insured, (e) include severability of interest clauses, products-completed operations and coverage of independent contractors, and (f) include breach of conditions coverage in favor of Landlord and the other additional insureds. The insurance requirements coverages described in this Paragraph 8 shall not in any way limit, in either scope or amount, the indemnity obligations separately owed by Tenant to Landlord under this Lease, or the liability of Tenant for nonperformance of its obligations or for loss or damage for which Tenant is responsible hereunder. No endorsement limiting or excluding a required coverage is permitted. Duly executed certificates of insurance of such insurance policies required to be carried by Tenant 8.B. shall be delivered endorsed to provide Landlord prior to the date that Tenant occupies the Premises for any reason, and evidence of renewals of such policies shall be delivered to Landlord as soon as possible prior to the expiration of each respective policy term. All Tenant’s insurance shall provide that the insurer agrees not to cancel the policy without at least with thirty (30) days’ prior written notice to Tenant (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall give Tenant at least ten (10) days’ prior notice). Tenant shall notify Landlord within ten (10) days following receipt of any such ' notice of cancellation or any material modification of any policy of insurance applicable to the Premises required under this Paragraphchange in terms. If at any time during the Term (i) the amount or coverage of insurance which Tenant is required to carry under this Paragraph 8.2 8.B. is, in Landlord’s 's reasonable judgment, materially less than the amount or type of insurance coverage typically carried by owners or tenants leasing space of properties located in Comparable Buildings the general area in which the Premises are located which are similar to and operated for similar purposes as the Premises or (b) Tenant’s use of the Premises should change with or without Landlord’s consentPremises, Landlord shall have the right to require Tenant to increase the amount or change the types of insurance coverage required under this Paragraph 8.2, provided that any increase of insurance required pursuant to clause (i) shall be uniformly imposed by Landlord on all office tenants within the Building. 8.B. All insurance policies required to be carried by Tenant under this Lease shall be written by companies rated A- VII A+XII or better in "Best’s 's Insurance Guide Guide" and authorized to do business in the state in which the Building is locatedCalifornia. Payment of Any deductible amounts under any deductibles insurance policies required hereunder shall be the sole responsibility of Tenantsubject to Landlord's prior written approval. In any event deductible amounts shall not exceed one thousand dollars ($1,000.00). Tenant shall deliver to Landlord on or before the Delivery Term Commencement Date, and thereafter as soon as possible at least thirty (30) days before the expiration dates of the expired expiring policies, certified copies of Tenant's insurance policies, or a certificate of insurance providing evidence of evidencing the insurance coverage required under this Paragraph 8. If same issued by the insurer thereunder, showing that all premiums have been paid for the full policy period; and, in the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at Landlord’s 's option and in addition to Landlord’s other Landxxxx'x xther remedies in the Event event of a Default by Tenant hereunder, procure the same for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent.

Appears in 2 contracts

Samples: Lease (Virologic Inc), Lease (Virologic Inc)

General Insurance Requirements. All policies of liability insurance so obtained and maintained, including any umbrella liability insurance policies, shall (a) be carried in the name of Tenant, (b) name Landlord, any Security Holder and Landlord’s designated agents as additional insureds, pursuant to an endorsement providing coverage at least as broad as ISO form CG 2010 11/85 or equivalent (which shall permit any such additional insureds to recover attorneys’ fees and costs as the prevailing party in any dispute with the insurer), (c) be the primary insurance providing coverage for Landlord (any other liability insurance maintained by Landlord to be excess and non-contributing), (d) contain a cross-liability endorsement stating that the rights of insureds shall not be prejudiced by one insured making a claim or commencing an action against another insured, (e) include severability of interest clauses, products-completed operations and coverage of independent contractors, and (f) include breach of conditions coverage in favor of Landlord and the other additional insureds. The insurance requirements in this Paragraph 8 shall not in any way limit, in either scope or amount, the indemnity obligations separately owed by Tenant to Landlord under this Lease, or the liability of Tenant for nonperformance of its obligations or for loss or damage for which Tenant is responsible hereunder. No endorsement limiting or excluding a required coverage is permitted. Duly executed certificates of insurance of such insurance policies required to be carried by Tenant shall be delivered to Landlord prior to the date that Tenant occupies the Premises for any reason, and evidence of renewals of such policies shall be delivered to Landlord as soon as possible prior to the expiration of each respective policy term. All Tenant’s contractors, subcontractors and movers hereunder must be issued by and binding upon an insurance shall provide that the insurer agrees not to cancel the policy without at least thirty (30) days’ prior written notice to Tenant (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall give Tenant at least ten (10) days’ prior notice). Tenant shall notify Landlord within ten (10) days following receipt of any such notice of cancellation company licensed or any material modification of any policy of insurance applicable to the Premises required under this Paragraph. If at any time during the Term (i) the amount or coverage of insurance which Tenant is required to carry under Paragraph 8.2 is, in Landlord’s reasonable judgment, materially less than the amount or type of insurance coverage typically carried by tenants leasing space in Comparable Buildings which are similar to and operated for similar purposes as the Premises or (b) Tenant’s use of the Premises should change with or without Landlord’s consent, Landlord shall have the right to require Tenant to increase the amount or change the types of insurance coverage required under Paragraph 8.2, provided that any increase of insurance required pursuant to clause (i) shall be uniformly imposed by Landlord on all office tenants within the Building. All insurance policies required to be carried by Tenant under this Lease shall be written by companies rated A- VII or better in Best’s Insurance Guide and authorized to do business in the state in which the Building property is locatedlocated with an A.M. Best’s Rating of at least “VIII” or better, unless otherwise acceptable to Landlord. Payment Tenant will not do or permit anything to be done that would invalidate the insurance policies required. Liability insurance maintained by Tenant and Tenant’s contractors, subcontractors and movers will be primary coverage without right of contribution by any similar insurance that may be maintained by Landlord. Certificates of insurance, reasonably acceptable to Landlord, evidencing the existence and amount of each liability insurance policy required hereunder and Evidence of Property Insurance Form, Xxxxx 28, evidencing property insurance as required, will be delivered to Landlord prior to delivery or possession of the Premises and fifteen (15) days prior to each renewal date. Liability policies (except employers liability) will each include an endorsement naming the Required Additional Insureds such additional insured status. The Evidence of Property Insurance Form will name Landlord as loss payee for property insurance as respects Landlord’s interest in improvements and betterments. Further, the certificates must indicate that insurers will endeavor to provide at least 30 days’ prior notice to Landlord and Landlord’s managing agent prior to any cancellation of coverage. If Tenant fails to provide evidence of insurance required to be provided by Tenant hereunder, prior to commencement of the term and thereafter during the term, within 10 days following Landlord’s request thereof, and 10 days prior to the expiration date of any such coverage, Landlord will be authorized (but not required) to procure such coverage in the amount stated with all costs thereof to be chargeable to Tenant and payable upon written invoice thereof. The limits of insurance required by this lease, or as carried by Tenant, will not limit the liability of Tenant or relieve Tenant of any obligation thereunder. Any deductibles shall selected by Tenant will be the sole responsibility of Tenant. Tenant shall deliver to Landlord on or before the Delivery Date, and thereafter as soon as possible before the expiration dates of the expired policies, a certificate of insurance providing evidence of the insurance coverage required under this Paragraph 8. If Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at Landlord’s option its sole discretion, change the insurance policy limits and forms which are required to be provided by Tenant; such changes will be made to conform with common insurance requirements for similar properties in addition to Landlord’s other remedies in the Event of a Default by Tenant hereunder, procure the same for the account of Tenant, and the cost thereof shall be paid to similar geographic locations. Landlord as Additional Rentwill not change required insurance limits or forms more often than once per calendar year.

Appears in 2 contracts

Samples: Lease (New Relic Inc), Office Lease (New Relic Inc)

General Insurance Requirements. All policies of liability insurance so obtained During the Term, Tenant shall ------------------------------ at all times keep each Leased Property, and maintainedall property located in or on any Leased Property, including any umbrella liability insurance policiesLeasehold Improvements, shall (a) be carried in the name of Fixtures and Tenant's Personal Property, (b) name Landlord, any Security Holder and Landlord’s designated agents as additional insureds, pursuant to an endorsement providing coverage at least as broad as ISO form CG 2010 11/85 or equivalent (which shall permit any such additional insureds to recover attorneys’ fees and costs as the prevailing party in any dispute insured with the insurer), (c) be the primary insurance providing coverage for Landlord (any other liability insurance maintained by Landlord to be excess kinds and non-contributing), (d) contain a cross-liability endorsement stating that the rights of insureds shall not be prejudiced by one insured making a claim or commencing an action against another insured, (e) include severability of interest clauses, products-completed operations and coverage of independent contractors, and (f) include breach of conditions coverage in favor of Landlord and the other additional insureds. The insurance requirements in this Paragraph 8 shall not in any way limit, in either scope or amount, the indemnity obligations separately owed by Tenant to Landlord under this Lease, or the liability of Tenant for nonperformance of its obligations or for loss or damage for which Tenant is responsible hereunder. No endorsement limiting or excluding a required coverage is permitted. Duly executed certificates amounts of insurance of such described below. This insurance policies required to be carried by Tenant shall be delivered to Landlord prior to the date that Tenant occupies the Premises for any reason, and evidence of renewals of such policies shall be delivered to Landlord as soon as possible prior to the expiration of each respective policy term. All Tenant’s insurance shall provide that the insurer agrees not to cancel the policy without at least thirty (30) days’ prior written notice to Tenant (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall give Tenant at least ten (10) days’ prior notice). Tenant shall notify Landlord within ten (10) days following receipt of any such notice of cancellation or any material modification of any policy of insurance applicable to the Premises required under this Paragraph. If at any time during the Term (i) the amount or coverage of insurance which Tenant is required to carry under Paragraph 8.2 is, in Landlord’s reasonable judgment, materially less than the amount or type of insurance coverage typically carried by tenants leasing space in Comparable Buildings which are similar to and operated for similar purposes as the Premises or (b) Tenant’s use of the Premises should change with or without Landlord’s consent, Landlord shall have the right to require Tenant to increase the amount or change the types of insurance coverage required under Paragraph 8.2, provided that any increase of insurance required pursuant to clause (i) shall be uniformly imposed by Landlord on all office tenants within the Building. All insurance policies required to be carried by Tenant under this Lease shall be written by companies rated A- VII or better in Best’s Insurance Guide and authorized to do insurance business in the state State in which the Building applicable Leased Property is located, which companies shall have a rating at least as high as the rating required by any applicable Facility Mortgagee. Payment The policies must name as loss payee (i) the holder of any deductibles mortgage, deed of trust or other security agreement ("Facility -------- Mortgagee") securing any Encumbrance placed on the applicable Leased Property in --------- accordance with the provisions of Article XXXVIII ("Facility Mortgage") by way --------------- ----------------- of a standard form of mortgagee's loss payable endorsement or (ii) if no such Facility Mortgage encumbers the applicable Leased Property, Lessor and, in the case of any commercial general liability and/or umbrella liability insurance coverages, must name Lessor and any Superior Mortgagee(s) as additional insureds. Losses shall be payable to Lessor and/or Superior Mortgagee as provided in Article XIV. Any loss adjustment shall require the sole responsibility written consent ----------- of Lessor, Tenant, Leasehold Mortgagee and Facility Mortgagee whenever the loss exceeds Two Hundred Fifty Thousand Dollars ($250,000.00) (or such larger amount as is agreed to in writing by Lessor's Facility Mortgagee(s)). Evidence of insurance shall be deposited with Lessor and, if requested, with any Superior Lessor, Leasehold Mortgagee and Facility Mortgagee(s). If any provision of any Facility Mortgage requires deposits of insurance premiums to be made with such Facility Mortgagee, Tenant shall deliver either pay to Landlord Lessor monthly the amounts required and Lessor shall transfer such amounts to each Facility Mortgagee, or, pursuant to written direction by Lessor, Tenant shall make such deposits directly with such Facility Mortgagee. The policies on or before each Leased Property, including the Delivery DateLeasehold Improvements, and thereafter as soon as possible before Fixtures and Tenant's Personal Property, shall insure against the expiration dates of the expired policies, a certificate of insurance providing evidence of the insurance coverage required under this Paragraph 8. If Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at Landlord’s option and in addition to Landlord’s other remedies in the Event of a Default by Tenant hereunder, procure the same for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent.following risks:

Appears in 2 contracts

Samples: Master Lease Agreement (Ventas Inc), Master Lease Agreement (Kindred Healthcare Inc)

General Insurance Requirements. All policies of liability insurance so obtained and maintained, including any umbrella liability insurance policies, coverages described in this Exhibit B shall be endorsed to (a) be carried in the name of Tenant, (bi) name Landlord, any Security Holder Landlord as an additional insured and Landlord’s designated agents as additional insureds, pursuant to an endorsement providing coverage at least as broad as ISO form CG 2010 11/85 or equivalent (which shall permit any such additional insureds to recover attorneys’ fees and costs as the prevailing party in any dispute with the insurer), (c) be the primary insurance providing coverage for Landlord (any other liability insurance maintained by Landlord to be excess and non-contributing), (d) contain a cross-liability endorsement stating that the rights of insureds Tenant shall not be prejudiced by one insured making a claim or commencing an action against another insured, (e) include severability of interest clauses, products-completed operations and coverage of independent contractors, and (f) include breach of conditions coverage in favor of Landlord and the other additional insureds. The insurance requirements in this Paragraph 8 shall not in any way limit, in either scope or amount, the indemnity obligations separately owed by Tenant to Landlord under this Lease, or the liability of Tenant for nonperformance of its obligations or for loss or damage for which Tenant is responsible hereunder. No endorsement limiting or excluding a required coverage is permitted. Duly executed certificates of insurance of allow such insurance policies required to lapse, be carried by Tenant shall be delivered to Landlord prior to the date that Tenant occupies the Premises for any reason, and evidence of renewals of such policies shall be delivered to Landlord as soon as possible prior to the expiration of each respective policy term. All Tenant’s insurance shall provide that the insurer agrees not to cancel the policy terminated or altered without at least thirty (30) days’ prior written notice to Tenant the Landlord; and (except in the event ii) be primary and non-contributing with Landlord’s insurance. The property insurance coverage required of a cancellation as a result of nonpayment, in which event the insurer shall give Tenant at least ten (10) days’ prior notice). Tenant shall notify be endorsed to waive all rights of subrogation by the insurance carrier against Landlord within ten (10) days following receipt or shall otherwise state that the carrier shall be so bound by Tenant’s waiver of any such notice the carrier’s right of cancellation or any material modification of any policy of insurance applicable to the Premises required under this Paragraphsubrogation. If at any time during the Term (i) the amount or coverage of insurance which Tenant is required to carry under Paragraph 8.2 this Exhibit B is, in Landlord’s reasonable judgment, materially less than the amount or type of insurance coverage typically carried by owners or tenants leasing space of properties located in Comparable Buildings the general area in which the Premises are located which are similar to and operated for similar purposes as the Premises or (b) if Tenant’s use of the Premises should change with or without Landlord’s consent, Landlord shall have the right to require Tenant to increase the amount or change the types of insurance coverage required under Paragraph 8.2, provided that any increase of insurance required pursuant to clause (i) shall be uniformly imposed by Landlord on all office tenants within the Building. this Exhibit B. All insurance policies required to be carried by Tenant under this Lease shall be written by companies rated A- VII AX or better in Best’s Insurance Guide Guide” and authorized to do business in the state in which the Building is locatedState of Nevada. Payment of any deductibles Deductible amounts under all insurance policies required to be carried by Tenant under this Lease shall be the sole responsibility of Tenantnot exceed $10,000 per occurrence. Tenant shall deliver to Landlord on or before the Delivery Term Commencement Date, and thereafter as soon as possible at least thirty (30) days before the expiration dates of the expired policies, certified copies of Tenant’s insurance policies, or a certificate of insurance providing evidence of evidencing the insurance coverage required under this Paragraph 8. If same issued by the insurer thereunder, and, if Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at Landlord’s option and in addition to Landlord’s other remedies in the Event event of a Default default by Tenant hereunderunder the Lease, procure the same for the account of Tenant, and the cost thereof (with interest thereon at the Default Rate) shall be paid to Landlord as Additional Rent.

Appears in 1 contract

Samples: Lease Agreement (Healthy Extracts Inc.)

General Insurance Requirements. All policies of liability insurance so obtained and maintained, including any umbrella liability insurance policies, shall (a) be carried in the name of Tenant, (b) name Landlord, any Security Holder and Landlord’s designated agents as additional insureds, pursuant to an endorsement providing coverage at least as broad as ISO form CG 2010 11/85 or equivalent (which shall permit any such additional insureds to recover attorneys’ fees and costs as the prevailing party in any dispute with the insurer), (c) be the primary insurance providing coverage for Landlord (any other liability insurance maintained by Landlord to be excess and non-contributing), (d) contain a cross-liability endorsement stating that the rights of insureds shall not be prejudiced by one insured making a claim or commencing an action against another insured, (e) include severability of interest clauses, products-completed operations and coverage of independent contractors, and (f) include breach of conditions coverage in favor of Landlord and the other additional insureds. The insurance requirements in this Paragraph 8 shall not in any way limit, in either scope or amount, the indemnity obligations separately owed by Tenant to Landlord under this Lease, or the liability of Tenant for nonperformance of its obligations or for loss or damage for which Tenant is responsible hereunder. No endorsement limiting or excluding a required coverage is permitted. Duly executed certificates of insurance of such insurance policies required to be carried by Tenant hereunder shall be issued by and binding upon an insurance company licensed to do business in the state of California with a rating of at least "A- VII" or better as set forth in the most current issue of Best's Insurance Reports, unless otherwise approved by Landlord. Tenant shall not do or permit anything to be done that would invalidate the insurance policies required. Liability insurance maintained by Tenant shall be primary coverage without right of contribution by any similar insurance that may be maintained by Landlord. Certificates of insurance, acceptable to Landlord, evidencing the existence and amount of each insurance policy required hereunder shall be delivered to Landlord prior to the date that Tenant occupies delivery or possession of the Premises for any reason, and evidence of renewals of such policies shall be delivered to Landlord as soon as possible ten days prior to the expiration each renewal date. Certificates of each respective policy term. All Tenant’s insurance shall provide include an endorsement for each policy showing that Landlord; its trustees, officers, directors, agents and employees; Landlord's Mortgagees; and Landlord's Representatives are included as additional insureds on liability policies and that Landlord is loss payee for property insurance. Further, the certificates must include an endorsement for each policy whereby the insurer agrees not to cancel cancel, non-renew or materially reduce the limits of the policy on the premises without at least 30 days prior written notice to Landlord and Landlord's Representative. In the event that Tenant fails to provide evidence of insurance required to be provided by Tenant hereunder, prior to commencement of the term and thereafter during the term, within 10 days following Landlord's written request thereof, and 30 days prior to the expiration date of any such coverage, Landlord may, but shall not be obligated to obtain the required insurance, and the cost thereof, together with an administrative fee of Five Hundred Dollars ($500), shall be payable by Tenant to Landlord on demand. Nothing in this Section shall be deemed to be a waiver of any rights or remedies available to Landlord under this Lease or at law or in equity if Tenant fails to obtain the required insurance policies and to deliver evidence thereof. Tenant shall furnish Landlord with renewals or "binders" of each policy, together with evidence of payment of the premium therefore, at least thirty (30) days’ days prior written notice to Tenant (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall give Tenant at least ten (10) days’ prior notice)expiration. Tenant shall notify Landlord within ten (10) days following receipt of any such notice of cancellation or any material modification of any policy of insurance applicable to the Premises required under this Paragraph. If at any time during the Term (i) the amount or coverage of insurance which Tenant is required to carry under Paragraph 8.2 is, in Landlord’s reasonable judgment, materially less than the amount or type of insurance coverage typically carried by tenants leasing space in Comparable Buildings which are similar to and operated for similar purposes as the Premises or (b) Tenant’s use of the Premises should change with or without Landlord’s consent, Landlord shall have the right to require Tenant to increase the amount or change the types of provide insurance coverage pursuant to blanket policies obtained by Tenant if the blanket policies expressly afford coverage as required under Paragraph 8.2, provided that any increase by this Lease. The limits of insurance required pursuant to clause (i) shall be uniformly imposed by Landlord on all office tenants within the Building. All insurance policies required to be this Lease, or as carried by Tenant, shall not limit the liability of Tenant under this Lease shall be written by companies rated A- VII or better in Best’s Insurance Guide and authorized to do business in the state in which the Building is located. Payment relieve Tenant of any obligation thereunder, except to the extent provided for under Waiver of Subrogation. Any deductibles selected by Tenant shall be the sole responsibility of Tenant. Tenant shall deliver to Landlord on or before the Delivery Date, and thereafter as soon as possible before the expiration dates of the expired policies, a certificate of insurance providing evidence of the insurance coverage required under this Paragraph 8. If Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at Landlord’s option and in addition to Landlord’s other remedies in the Event of a Default by Tenant hereunder, procure the same for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent.

Appears in 1 contract

Samples: Satellite Agreement (Bridge Capital Holdings)

General Insurance Requirements. All policies of liability insurance so obtained and maintained, including any umbrella liability insurance policies, shall (a) be carried in the name of Tenant, (b) name Landlord, any Security Holder and Landlord’s designated agents as additional insureds, pursuant to an endorsement providing coverage at least as broad as ISO form CG 2010 11/85 or equivalent (which shall permit any such additional insureds to recover attorneys’ fees and costs as the prevailing party in any dispute with the insurer), (c) be the primary insurance providing coverage for Landlord (any other liability insurance maintained by Landlord to be excess and non-contributing), (d) contain a cross-liability endorsement stating that the rights of insureds shall not be prejudiced by one insured making a claim or commencing an action against another insured, (e) include severability of interest clauses, products-completed operations and coverage of independent contractors, and (f) include breach of conditions coverage in favor of Landlord and the other additional insureds. The insurance requirements described in this Paragraph 8 shall not in any way limit, in either scope or amount, the indemnity obligations separately owed by Tenant to Landlord under this Lease, or the liability of Tenant for nonperformance of its obligations or for loss or damage for which Tenant is responsible hereunder. No endorsement limiting or excluding a required coverage is permitted. Duly executed certificates of insurance of such insurance policies required to be carried by Tenant 18 shall be delivered endorsed to Landlord prior to the date that Tenant occupies the Premises for any reason, and evidence of renewals of such policies shall be delivered to Landlord as soon as possible prior to the expiration of each respective policy term. All Tenant’s insurance shall (i) provide that the insurer agrees not to cancel the policy without at least Sub-Sublandlord with thirty (30) days’ prior written notice to Tenant (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall give Tenant at least ten (10) days’ prior notice). Tenant shall notify Landlord within ten (10) days following receipt of any such notice of cancellation or any material modification change in terms; and (ii) waive all rights of any policy of subrogation by the insurance applicable to the Premises required under this Paragraphcarrier against Landlord. If at any time during the Term (i) the amount or coverage of insurance which Tenant is required to carry under this Paragraph 8.2 18 is, in LandlordSub-Sublandlord’s reasonable judgment, materially less than the amount or type of insurance coverage typically carried by owners or tenants leasing space of properties located in Comparable Buildings the general area in which the Sub-Sublease Premises are located which are similar to and operated for similar purposes as the Sub-Sublease Premises or (b) Tenantif Subtenant’s use of the Sub-Sublease Premises should change with or without LandlordSub-Sublandlord’s consent, Landlord Sub-Sublandlord shall have the right to require Tenant Subtenant to increase the amount or change the types of insurance coverage required under this Paragraph 8.2, provided that any increase of insurance required pursuant to clause (i) shall be uniformly imposed by Landlord on all office tenants within the Building18. All insurance policies required to be carried by Tenant Subtenant under this Lease Sublease shall be written by companies rated A- VII A X or better in Best’s Insurance Guide Guide” and authorized to do business in the state in which the Building is locatedState of New York. Payment of any deductibles shall be the sole responsibility of Tenant. Tenant Subtenant shall deliver to Landlord Sub-Sublandlord on or before the Delivery Term Commencement Date, and thereafter as soon as possible at least thirty (30) days before the expiration dates of the expired policies, a certificate of insurance providing evidence of certificate(s) evidencing the insurance coverage required under this Paragraph 8. If Tenant same issued by the insurer hereunder; and, if Subtenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord Sub-Sublandlord may, at LandlordSub-Sublandlord’s option and in addition to LandlordSub-Sublandlord’s other remedies in the Event event of a Default default by Tenant Subtenant hereunder, procure the same for the account of TenantSubtenant, and the cost thereof shall be paid to Landlord Sub-Sublandlord as Additional Rent.

Appears in 1 contract

Samples: Agreement of Sublease (Harris Interactive Inc)

General Insurance Requirements. All policies of liability insurance so obtained and maintained, including any umbrella liability insurance policies, shall (a) be carried in the name of Tenant, (b) name Landlord, any Security Holder and Landlord’s designated agents as additional insureds, pursuant to an endorsement providing coverage at least as broad as ISO form CG 2010 11/85 or equivalent (which shall permit any such additional insureds to recover attorneys’ fees and costs as the prevailing party in any dispute with the insurer), (c) be the primary insurance providing coverage for Landlord (any other liability insurance maintained by Landlord to be excess and non-contributing), (d) contain a cross-liability endorsement stating that the rights of insureds shall not be prejudiced by one insured making a claim or commencing an action against another insured, (e) include severability of interest clauses, products-completed operations and coverage of independent contractors, and (f) include breach of conditions coverage in favor of Landlord and the other additional insureds. The insurance requirements coverages described in this Paragraph 8 shall not in any way limit, in either scope or amount, the indemnity obligations separately owed by Tenant to Landlord under this Lease, or the liability of Tenant for nonperformance of its obligations or for loss or damage for which Tenant is responsible hereunder. No endorsement limiting or excluding a required coverage is permitted. Duly executed certificates of insurance of such insurance policies required to be carried by Tenant 8.8 shall be delivered endorsed to provide Landlord prior to the date that Tenant occupies the Premises for any reason, and evidence of renewals of such policies shall be delivered to Landlord as soon as possible prior to the expiration of each respective policy term. All Tenant’s insurance shall provide that the insurer agrees not to cancel the policy without at least with thirty (30) days’ prior written notice to Tenant (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall give Tenant at least ten (10) days’ prior notice). Tenant shall notify Landlord within ten (10) days following receipt of any such ' notice of cancellation or any material modification of any policy of insurance applicable to the Premises required under this Paragraphchange in terms. If at any time during the Term (i) the amount or coverage of insurance which Tenant is required to carry under this Paragraph 8.2 8.B. is, in Landlord’s 's reasonable judgment, materially less than the amount or type of insurance coverage typically carried by owners or tenants leasing space of properties located in Comparable Buildings the general area in which the Premises are located which are similar to and operated for similar purposes as the Premises or (b) Tenant’s use of the Premises should change with or without Landlord’s consentPremises, Landlord shall have the right to require Tenant to increase the amount or change the types of insurance coverage required under this Paragraph 8.2, provided that any increase of insurance required pursuant to clause (i) shall be uniformly imposed by Landlord on all office tenants within the Building. B.B. All insurance policies required to be carried by Tenant under this Lease shall be written by companies acceptable to Landlord, rated A- VII A+ XII or better in "Best’s 's Insurance Guide Guide" and authorized to do business in the state in which the Building is locatedCalifornia. Payment of Any deductible amounts under any deductibles insurance policies required hereunder shall be the sole responsibility of Tenantsubject to Landlord's prior written approval. In any event deductible amounts shall not exceed One Thousand Dollars ($1,000.00). Tenant shall deliver to Landlord on or before the Delivery Term Commencement Date, and thereafter as soon as possible at least thirty (30) days before the expiration dates of the expired expiring policies, certified copies of Tenant's insurance policies, or a certificate evidencing the same issued by the insurer thereunder, showing that all premiums have been paid for the full policy period. In any event, Tenant must provide a certificate or certificates or other proof acceptable to Landlord showing that Landlord is an additional insured on Tenant's liability policies, and that Tenant's insurance is primary to any insurance of insurance providing evidence of Landlord, and Landlord's insurance, if any, shall be excess only. In the insurance coverage required under this Paragraph 8. If event Tenant shall fail to procure such insuranceany insurance provided for herein, or to deliver such policies or certificates, Landlord may, at Landlord’s 's option and in addition to Landlord’s 's other remedies in the Event event of a Default default by Tenant hereunder, procure the same for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent.. C.

Appears in 1 contract

Samples: Worldwide Manufacturing Usa Inc

General Insurance Requirements. All policies of liability insurance so obtained and maintained, including any umbrella liability insurance policies, shall (a) be carried in the name of Tenant, (b) name Landlord, any Security Holder and Landlord’s designated agents as additional insureds, pursuant to an endorsement providing coverage at least as broad as ISO form CG 2010 11/85 or equivalent (which shall permit any such additional insureds to recover attorneys’ fees and costs as the prevailing party in any dispute with the insurer), (c) be the primary insurance providing coverage for Landlord (any other liability insurance maintained by Landlord to be excess and non-contributing), (d) contain a cross-liability endorsement stating that the rights of insureds shall not be prejudiced by one insured making a claim or commencing an action against another insured, (e) include severability of interest clauses, products-completed operations and coverage of independent contractors, and (f) include breach of conditions coverage in favor of Landlord and the other additional insureds. The insurance requirements coverages described in this Paragraph 8 shall not in any way limit, in either scope or amount, the indemnity obligations separately owed by Tenant to Landlord under this Lease, or the liability of Tenant for nonperformance of its obligations or for loss or damage for which Tenant is responsible hereunder. No endorsement limiting or excluding a required coverage is permitted. Duly executed certificates of insurance of such insurance policies required to be carried by Tenant Exhibit E --------- shall be delivered endorsed to (i) provide Landlord prior to the date that Tenant occupies the Premises for any reason, and evidence of renewals of such policies shall be delivered to Landlord as soon as possible prior to the expiration of each respective policy term. All Tenant’s insurance shall provide that the insurer agrees not to cancel the policy without at least with thirty (30) days’ prior written notice to Tenant (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall give Tenant at least ten (10) days’ prior notice). Tenant shall notify Landlord within ten (10) days following receipt of any such ' notice of cancellation or any material modification change in terms; (ii) waive all rights of any policy of subrogation by the insurance applicable to the Premises required under this Paragraphcarrier against Landlord; and (iii) be primary and non- contributing with Landlord's insurance. If at any time during the Term (i) the amount or coverage of insurance which Tenant is required to carry under Paragraph 8.2 this Exhibit E is, in Landlord’s 's reasonable judgment, materially less than --------- the amount or type of insurance coverage typically carried by owners or tenants leasing space of properties located in Comparable Buildings the general area in which the Premises are located which are similar to and operated for similar purposes as the Premises or (b) if Tenant’s 's use of the Premises should change with or without Landlord’s 's consent, Landlord shall have the right to require Tenant to increase the amount or change the types of insurance coverage required under Paragraph 8.2, provided that any increase of this EXHIBIT E. All insurance policies required pursuant to clause (i) be carried by --------- Tenant under this Lease shall be uniformly imposed written by Landlord on companies Tenant initials___Landlord initials___ rated AVII or better in "Best's Insurance Guide" and authorized to do business in the State of California. Deductible amounts under all office tenants within the Building. All insurance policies required to be carried by Tenant under this Lease shall be written by companies rated A- VII or better in Best’s Insurance Guide and authorized to do business in the state in which the Building is located. Payment of any deductibles shall be the sole responsibility of Tenantnot exceed $10,000 per occurrence. Tenant shall deliver to Landlord on or before the Delivery Term Commencement Date, and thereafter as soon as possible at least thirty (30) days before the expiration dates of the expired policies, certified copies of Tenant's insurance policies, or a certificate of insurance providing evidence of evidencing the insurance coverage required under this Paragraph 8. If same issued by the insurer thereunder, and, if Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at Landlord’s 's option and in addition to Landlord’s 's other remedies in the Event event of a Default default by Tenant hereunderunder the Lease, procure the same for the account of Tenant, and the cost thereof (with interest thereon at the Default Rate) shall be paid to Landlord as Additional Rent.. [END OF TENANT'S INSURANCE - EXHIBIT E] Tenant initials___Landlord initials___

Appears in 1 contract

Samples: Office Lease (Business Bancorp /Ca/)

General Insurance Requirements. All insurance provided for in this Lease shall be maintained under valid and enforceable policies issued by insurers of recognized responsibility, licensed and approved to do business in the State of Oklahoma, having a rating of not less than "A-X" in the then most current Best's Insurance Report. Any and all policies of insurance required under this Lease shall name the Landlord as an additional insured and shall be on an "occurrence" basis. In addition, Landlord shall be shown as the loss payable beneficiary under the casualty insurance policy maintained by Tenant pursuant to Section 4.2. All policies of liability insurance so obtained and maintained, including any umbrella liability insurance policies, shall (a) required herein may be carried in the name form of Tenant, (b) name Landlord, any Security Holder and Landlord’s designated agents as additional insureds, pursuant to an endorsement providing coverage at least as broad as ISO form CG 2010 11/85 "blanket" or equivalent ("umbrella" type policies which shall permit any such additional insureds name the Landlord and Tenant as their interests may appear and allocate to recover attorneys’ fees the Premises the full amount of insurance required hereunder. Original policies or satisfactory certificates from the insurers evidencing the existence of all policies of insurance required by this Lease and costs as showing the prevailing party in any dispute interest of the Landlord shall be filed with the insurer), (c) be the primary insurance providing coverage for Landlord (any other liability insurance maintained by Landlord to be excess and non-contributing), (d) contain a cross-liability endorsement stating that the rights of insureds shall not be prejudiced by one insured making a claim or commencing an action against another insured, (e) include severability of interest clauses, products-completed operations and coverage of independent contractors, and (f) include breach of conditions coverage in favor of Landlord and the other additional insureds. The insurance requirements in this Paragraph 8 shall not in any way limit, in either scope or amount, the indemnity obligations separately owed by Tenant to Landlord under this Lease, or the liability of Tenant for nonperformance of its obligations or for loss or damage for which Tenant is responsible hereunder. No endorsement limiting or excluding a required coverage is permitted. Duly executed certificates of insurance of such insurance policies required to be carried by Tenant shall be delivered to Landlord prior to the date commencement of the Term and shall provide that the subject policy may not be cancelled except upon not less than ten (10) days prior written notice to Landlord. If Landlord is provided with a certificate, upon Landlord's request Tenant occupies shall use its best efforts to provide Landlord with a complete copy of the Premises for any reason, and evidence insurance policy evidenced by such certificate as soon as possible after the commencement of renewals the Term but not later than sixty (60) days after the commencement of such the Term. Certificates of the renewal policies from the insurers evidencing the existence thereof shall be delivered deposited with Landlord not less than five (5) days prior to the expiration dates of the policies. Upon Landlord's request Tenant shall use its best efforts to deliver a copy of the complete renewal policy to Landlord as soon as possible prior to after the expiration of each respective the replaced policy term. All Tenant’s insurance shall provide that the insurer agrees but not to cancel the policy without at least thirty later than sixty (30) days’ prior written notice to Tenant (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall give Tenant at least ten (10) days’ prior notice). Tenant shall notify Landlord within ten (1060) days following receipt after the expiration of the replaced policy. Any claims under any such notice of cancellation or any material modification of any policy policies of insurance applicable to the Premises required under this Paragraph. If at any time during the Term (i) the amount or coverage of insurance which Tenant is required to carry under Paragraph 8.2 is, described in Landlord’s reasonable judgment, materially less than the amount or type of insurance coverage typically carried by tenants leasing space in Comparable Buildings which are similar to and operated for similar purposes as the Premises or (b) Tenant’s use of the Premises should change with or without Landlord’s consent, Landlord shall have the right to require Tenant to increase the amount or change the types of insurance coverage required under Paragraph 8.2, provided that any increase of insurance required pursuant to clause (i) shall be uniformly imposed by Landlord on all office tenants within the Building. All insurance policies required to be carried by Tenant under this Lease shall be written adjudicated by companies rated A- VII and at the expense of the Tenant or better in Best’s Insurance Guide and authorized to do business in the state in which the Building is located. Payment of any deductibles its insurance carrier, but shall be the sole responsibility subject to joint control of Tenant. Tenant shall deliver to Landlord on or before the Delivery Date, and thereafter as soon as possible before the expiration dates of the expired policies, a certificate of insurance providing evidence of the insurance coverage required under this Paragraph 8. If Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at Landlord’s option and in addition to Landlord’s other remedies in the Event of a Default by Tenant hereunder, procure the same for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent.

Appears in 1 contract

Samples: Lease and Security Agreement (Sterling House Corp)

General Insurance Requirements. All policies of liability insurance so obtained and maintained, including any umbrella liability insurance policies, shall (a) be carried in the name of Tenant, (b) name Landlord, any Security Holder and Landlord’s designated agents as additional insureds, pursuant to an endorsement providing coverage at least as broad as ISO form CG 2010 11/85 or equivalent (which shall permit any such additional insureds to recover attorneys’ fees and costs as the prevailing party in any dispute with the insurer), (c) be the primary insurance providing coverage for Landlord (any other liability insurance maintained by Landlord to be excess and non-contributing), (d) contain a cross-liability endorsement stating that the rights of insureds shall not be prejudiced by one insured making a claim or commencing an action against another insured, (e) include severability of interest clauses, products-completed operations and coverage of independent contractors, and (f) include breach of conditions coverage in favor of Landlord and the other additional insureds. The insurance requirements described in this Paragraph 8 shall not in any way limit, in either scope or amount, the indemnity obligations separately owed by Tenant to Landlord under this Lease, or the liability of Tenant for nonperformance of its obligations or for loss or damage for which Tenant is responsible hereunder. No endorsement limiting or excluding a required coverage is permitted. Duly executed certificates of insurance of such insurance policies required to be carried by Tenant 18 shall be delivered endorsed to Landlord prior to the date that Tenant occupies the Premises for any reason, and evidence of renewals of such policies shall be delivered to Landlord as soon as possible prior to the expiration of each respective policy term. All Tenant’s insurance shall (i) provide that the insurer agrees not to cancel the policy without at least Sublandlord with thirty (30) days’ prior written notice to Tenant (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall give Tenant at least ten (10) days’ prior notice). Tenant shall notify Landlord within ten (10) days following receipt of any such ' notice of cancellation or any material modification change in terms; and (ii) waive all rights of any policy of subrogation by the insurance applicable to the Premises required under this Paragraphcarrier against Landlord. If at any time during the Term (i) the amount or coverage of insurance which Tenant is required to carry under this Paragraph 8.2 18 is, in Landlord’s Sublandlord's reasonable judgment, materially less than the amount or type of insurance coverage typically carried by owners or tenants leasing space of properties located in Comparable Buildings the general area in which the Sublease Premises are located which are similar to and operated for similar purposes as the Sublease Premises or (b) Tenant’s if Subtenant's use of the Sublease Premises should change with or without Landlord’s Sublandlord's consent, Landlord Sublandlord shall have the right to require Tenant Subtenant to increase the amount or change the types of insurance coverage required under this Paragraph 8.2, provided that any increase of insurance required pursuant to clause (i) shall be uniformly imposed by Landlord on all office tenants within the Building18. All insurance policies required to be carried by Tenant Subtenant under this Lease Sublease shall be written by companies rated A- VII A X or better in "Best’s 's Insurance Guide Guide" and authorized to do business in the state in which the Building is locatedState of New York. Payment of any deductibles shall be the sole responsibility of Tenant. Tenant Subtenant shall deliver to Landlord Sublandlord on or before the Delivery Term Commencement Date, and thereafter as soon as possible at least thirty (30) days before the expiration dates of the expired policies, a certificate of insurance providing evidence of certificate(s) evidencing the insurance coverage required under this Paragraph 8. If Tenant same issued by the insurer hereunder; and, if Subtenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord Sublandlord may, at Landlord’s Sublandlord's option and in addition to Landlord’s Sublandlord's other remedies in the Event event of a Default default by Tenant Subtenant hereunder, procure the same for the account of TenantSubtenant, and the cost thereof shall be paid to Landlord Sublandlord as Additional Rent.

Appears in 1 contract

Samples: Lease Agreement (Harris Interactive Inc)

General Insurance Requirements. All policies of liability insurance so obtained and maintained, including any umbrella liability insurance policies, shall (a) be carried in the name of Tenant, (b) name Landlord, any Security Holder and Landlord’s designated agents as additional insureds, pursuant to an endorsement providing coverage at least as broad as ISO form CG 2010 11/85 or equivalent (which shall permit any such additional insureds to recover attorneys’ fees and costs as the prevailing party in any dispute with the insurer), (c) be the primary insurance providing coverage for Landlord (any other liability insurance maintained by Landlord to be excess and non-contributing), (d) contain a cross-liability endorsement stating that the rights of insureds shall not be prejudiced by one insured making a claim or commencing an action against another insured, (e) include severability of interest clauses, products-completed operations and coverage of independent contractors, and (f) include breach of conditions coverage in favor of Landlord and the other additional insureds. The insurance requirements 's coverages described in this Paragraph 8 shall not in any way limit, in either scope or amount, the indemnity obligations separately owed by Tenant to Landlord under this Lease, or the liability of Tenant for nonperformance of its obligations or for loss or damage for which Tenant is responsible hereunder. No endorsement limiting or excluding a required coverage is permitted. Duly executed certificates of insurance of such insurance policies required to be carried by Tenant Exhibit D shall be delivered endorsed to (i) provide Landlord prior to the date that Tenant occupies the Premises for any reason, and evidence of renewals of such policies shall be delivered to Landlord as soon as possible prior to the expiration of each respective policy term. All Tenant’s insurance shall provide that the insurer agrees not to cancel the policy without at least with thirty (30) days’ prior written notice to Tenant (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall give Tenant at least ten (10) days’ prior notice). Tenant shall notify Landlord within ten (10) days following receipt of any such ' notice of cancellation or any material modification change in terms; (ii) waive all rights of any policy of subrogation by the insurance applicable to the Premises required under this Paragraphcarrier against Landlord; and (iii) be primary and non-contributing with Landlord's insurance. If at any time during the Term (i) the amount or coverage of insurance which Tenant is required to carry under Paragraph 8.2 this Exhibit D is, in Landlord’s 's reasonable judgment, materially less than the amount or type of insurance coverage typically carried by owners or tenants leasing space of properties located in Comparable Buildings the general area in which the Premises are located which are similar to and operated for similar purposes as the Premises or (b) if Tenant’s 's use of the Premises should change with or without Landlord’s 's consent, Landlord shall have the right to require Tenant to increase the amount or change the types of insurance coverage required under Paragraph 8.2, provided that any increase of insurance required pursuant to clause (i) shall be uniformly imposed by Landlord on all office tenants within the Building. this Exhibit D. All insurance policies required to be carried by Tenant under this Lease shall be written by companies rated A- VII AVII or better in "Best’s 's Insurance Guide Guide" and authorized to do business in the state in which the Building is locatedState of California. Payment of any deductibles Deductible amounts under all insurance policies required to be carried by Tenant under this Lease shall be the sole responsibility of Tenantnot exceed $10,000 per occurrence. Tenant shall deliver to Landlord on or before the Delivery Term Commencement Date, and thereafter as soon as possible at least thirty (30) days before the expiration dates of the expired policies, certified copies of Tenant's insurance policies, or a certificate of insurance providing evidence of evidencing the insurance coverage required under this Paragraph 8. If same issued by the insurer thereunder, and, if Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at Landlord’s 's option and in addition to Landlord’s 's other remedies in the Event event of a Default default by Tenant hereunderunder the Lease, procure the same for the account of Tenant, and the cost thereof (with interest thereon at the Default Rate) shall be paid to Landlord as Additional Rent.

Appears in 1 contract

Samples: Office Lease (E Comnetrix Inc)

General Insurance Requirements. All policies of liability insurance so obtained and maintained, including any umbrella liability insurance policies, shall (a) be carried in the name of Tenant, (b) name Landlord, any Security Holder and Landlord’s designated agents as additional insureds, pursuant to an endorsement providing coverage at least as broad as ISO form CG 2010 11/85 or equivalent (which shall permit any such additional insureds to recover attorneys’ fees and costs as the prevailing party in any dispute with the insurer), (c) be the primary insurance providing coverage for Landlord (any other liability insurance maintained by Landlord to be excess and non-contributing), (d) contain a cross-liability endorsement stating that the rights of insureds shall not be prejudiced by one insured making a claim or commencing an action against another insured, (e) include severability of interest clauses, products-completed operations and coverage of independent contractors, and (f) include breach of conditions coverage in favor of Landlord and the other additional insureds. The insurance requirements coverages described in this Paragraph 8 shall not in any way limit, in either scope or amount, the indemnity obligations separately owed by Tenant to Landlord under this Lease, or the liability of Tenant for nonperformance of its obligations or for loss or damage for which Tenant is responsible hereunder. No endorsement limiting or excluding a required coverage is permitted. Duly executed certificates of insurance of such insurance policies required to be carried by Tenant Section 6.2 shall be delivered endorsed to (i) provide Landlord prior to the date that Tenant occupies the Premises for any reason, and evidence of renewals of such policies shall be delivered to Landlord as soon as possible prior to the expiration of each respective policy term. All Tenant’s insurance shall provide that the insurer agrees not to cancel the policy without at least thirty (30) with 30 days’ prior written notice to Tenant (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall give Tenant at least ten (10) days’ prior notice). Tenant shall notify Landlord within ten (10) days following receipt of any such notice of cancellation or any material modification change in terms; and (ii) waive all rights of any policy of subrogation by the insurance applicable to the Premises required under this Paragraphcarrier against Landlord. If at any time during the Term (i) the amount or coverage of insurance which Tenant is required to carry under Paragraph 8.2 this Section 6.2 is, in Landlord’s reasonable judgment, materially less than the amount or type of insurance coverage typically carried by owners or tenants leasing space of properties located in Comparable Buildings the general area in which the Premises are located which are similar to and operated for similar purposes as the Premises or (b) if Tenant’s use of the Premises should change with or without Landlord’s consent, Landlord shall have the right to require Tenant to increase the amount or change the types of insurance coverage required under Paragraph 8.2, provided that any increase of insurance required pursuant to clause (i) shall be uniformly imposed by Landlord on all office tenants within the Buildingthis Section 6.2. All insurance policies required to be carried by Tenant under this Lease shall be written by companies rated A- VII A-VIII or better in Best’s Insurance Guide Guide” and authorized to do business in the state in which the Building is locatedState. Payment of In any deductibles event deductible amounts under all insurance policies required to be carried by Tenant under this Lease shall be the sole responsibility of Tenantnot exceed $10,000 per occurrence. Tenant shall deliver to Landlord on or before the Delivery Commencement Date, and thereafter as soon as possible at least 30 days before the expiration dates of the expired policies, certified copies of Tenant’s insurance policies, or a certificate of insurance providing evidence of evidencing the insurance coverage required under this Paragraph 8. If same issued by the insurer thereunder; and, if Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at Landlord’s option and in addition to Landlord’s other remedies in the Event event of a Default default by Tenant hereunder, procure the same for the account of Tenant, and the cost thereof (with interest thereon at the Default Rate, as defined in Section 21.4) shall be paid to Landlord as Additional Rent.

Appears in 1 contract

Samples: Consent Agreement (NovaRay Medical, Inc.)

General Insurance Requirements. All policies of liability insurance so obtained and maintained, including any umbrella liability insurance policies, shall (a) be carried in the name of Tenant, (b) name Landlord, any Security Holder and Landlord’s designated agents as additional insureds, pursuant to an endorsement providing coverage at least as broad as ISO form CG 2010 11/85 or equivalent (which shall permit any such additional insureds to recover attorneys’ fees and costs as the prevailing party in any dispute with the insurer), (c) be the primary insurance providing coverage for Landlord (any other liability insurance maintained by Landlord to be excess and non-contributing), (d) contain a cross-liability endorsement stating that the rights of insureds shall not be prejudiced by one insured making a claim or commencing an action against another insured, (e) include severability of interest clauses, products-completed operations and coverage of independent contractors, and (f) include breach of conditions coverage in favor of Landlord and the other additional insureds. The insurance requirements coverages described in this Paragraph 8 shall not in any way limit, in either scope or amount, the indemnity obligations separately owed by Tenant to Landlord under this Lease, or the liability of Tenant for nonperformance of its obligations or for loss or damage for which Tenant is responsible hereunder. No endorsement limiting or excluding a required coverage is permitted. Duly executed certificates of insurance of such insurance policies required to be carried by Tenant EXHIBIT D shall be delivered endorsed to (i) provide Landlord prior to the date that Tenant occupies the Premises for any reason, and evidence of renewals of such policies shall be delivered to Landlord as soon as possible prior to the expiration of each respective policy term. All Tenant’s insurance shall provide that the insurer agrees not to cancel the policy without at least with thirty (30) days’ prior written notice to Tenant (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall give Tenant at least ten (10) days’ prior notice). Tenant shall notify Landlord within ten (10) days following receipt of any such ' notice of cancellation or any material modification change in terms; (ii) waive all rights of any policy of subrogation by the insurance applicable to the Premises required under this Paragraphcarrier against Landlord; and (iii) be primary and non-contributing with Landlord's insurance. If at any time during the Term (i) the amount or coverage of insurance which Tenant is required to carry under Paragraph 8.2 this EXHIBIT D is, in Landlord’s 's reasonable judgment, materially less than the amount or type of insurance coverage typically carried by owners or tenants leasing space of properties located in Comparable Buildings the general area in which the Premises are located which are similar to and operated for similar purposes as the Premises or (b) if Tenant’s 's use of the Premises should change with or without Landlord’s 's consent, Landlord shall have the right to require Tenant to increase the amount or change the types of insurance coverage required under Paragraph 8.2, provided that any increase of insurance required pursuant to clause (i) shall be uniformly imposed by Landlord on all office tenants within the Building. this EXHIBIT D. All insurance policies required to be carried by Tenant under this Lease shall be written by companies rated A- VII AVII or better in "Best’s 's Insurance Guide Guide" and authorized to do business in the state in which the Building is locatedState of California. Payment of any deductibles Deductible amounts under all insurance policies required to be carried by Tenant under this Lease shall be the sole responsibility of Tenantnot exceed $10,000 per occurrence. Tenant shall deliver to Landlord on or before the Delivery Term Commencement Date, and thereafter as soon as possible at least thirty (30) days before the expiration dates of the expired policies, certified copies of Tenant's insurance policies, or a certificate of insurance providing evidence of evidencing the insurance coverage required under this Paragraph 8. If same issued by the insurer thereunder, and, if Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at Landlord’s 's option and in addition to Landlord’s 's other remedies in the Event event of a Default default by Tenant hereunderunder the Lease, procure the same for the account of Tenant, and the cost thereof (with interest thereon at the Default Rate) shall be paid to Landlord as Additional Rent.. EXHIBIT E PARKING RULES

Appears in 1 contract

Samples: Office Lease (Intraware Inc)

General Insurance Requirements. All policies of liability insurance so obtained and maintained, including any umbrella liability insurance policies, shall (a) be carried in the name of Tenant, (b) name Landlord, any Security Holder and Landlord’s designated agents as additional insureds, pursuant to an endorsement providing coverage at least as broad as ISO form CG 2010 11/85 or equivalent (which shall permit any such additional insureds to recover attorneys’ fees and costs as the prevailing party in any dispute with the insurer), (c) be the primary insurance providing coverage for Landlord (any other liability insurance maintained by Landlord to be excess and non-contributing), (d) contain a cross-liability endorsement stating that the rights of insureds shall not be prejudiced by one insured making a claim or commencing an action against another insured, (e) include severability of interest clauses, products-completed operations and coverage of independent contractors, and (f) include breach of conditions coverage in favor of Landlord and the other additional insureds. The insurance requirements in this Paragraph 8 shall not in any way limit, in either scope or amount, the indemnity obligations separately owed by Tenant to Landlord under this Lease, or the liability of Tenant for nonperformance of its obligations or for loss or damage for which Tenant is responsible hereunder. No endorsement limiting or excluding a required coverage is permitted. Duly executed certificates of insurance of such insurance policies required to be carried by Tenant shall be delivered to Landlord prior to the date that Tenant occupies the Premises for any reason, and evidence of renewals of such policies shall be delivered to Landlord as soon as possible prior to the expiration of each respective policy term. All Tenant’s contractors, subcontractors and movers hereunder must be issued by and binding upon an insurance shall provide that the insurer agrees not to cancel the policy without at least thirty (30) days’ prior written notice to Tenant (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall give Tenant at least ten (10) days’ prior notice). Tenant shall notify Landlord within ten (10) days following receipt of any such notice of cancellation company licensed or any material modification of any policy of insurance applicable to the Premises required under this Paragraph. If at any time during the Term (i) the amount or coverage of insurance which Tenant is required to carry under Paragraph 8.2 is, in Landlord’s reasonable judgment, materially less than the amount or type of insurance coverage typically carried by tenants leasing space in Comparable Buildings which are similar to and operated for similar purposes as the Premises or (b) Tenant’s use of the Premises should change with or without Landlord’s consent, Landlord shall have the right to require Tenant to increase the amount or change the types of insurance coverage required under Paragraph 8.2, provided that any increase of insurance required pursuant to clause (i) shall be uniformly imposed by Landlord on all office tenants within the Building. All insurance policies required to be carried by Tenant under this Lease shall be written by companies rated A- VII or better in Best’s Insurance Guide and authorized to do business in the state in which the Building property is locatedlocated with an A.M. Best’s Rating of at least “A-” “VIII” or better, unless otherwise acceptable to Landlord. Payment Tenant will not do or permit anything to be done that would invalidate the insurance policies required. Liability insurance maintained by Tenant and Tenant’s contractors, subcontractors and movers will be primary coverage without right of contribution by any similar insurance that may be maintained by Landlord. The insurance that Tenant is required to carry under this Paragraph 17.1 may be held under a blanket policy. Liability insurance maintained by Tenant and Tenant’s contractors, subcontractors and movers will be primary coverage without right of contribution by any similar insurance that may be maintained by Landlord. Tenant’s liability insurance deductibles may not exceed $5,000, and Tenant’s property insurance deductibles may not exceed $25,000. Certificates of insurance, acceptable to Landlord, evidencing the existence and amount of each liability insurance policy required hereunder and Evidence of Property Insurance Form, Xxxxx 27, evidencing property insurance as required will be delivered to Landlord prior to delivery or possession of the Premises and ten days prior to each renewal date. Certificates of insurance will include an endorsement for each policy showing that the Required Additional Insureds are included as additional insureds on liability policies (except employer’s liability). The Evidence of Property Insurance Form will name Landlord as loss payee for property insurance as respects Landlord’s interest in improvements and betterments. Further, the certificates must indicate that insurers will endeavor to provide at least 30 days’ prior notice to Landlord and Landlord’s managing agent prior to any cancellation of coverage. If Tenant fails to provide evidence of insurance required to be provided by Tenant hereunder, prior to commencement of the term and thereafter during the term, within 10 days following Landlord’s request thereof, and 10 days prior to the expiration date of any such coverage, Landlord will be authorized (but not required) to procure such coverage in the amount stated with all costs thereof to be chargeable to Tenant and payable upon written invoice thereof. The limits of insurance required by this lease, or as carried by Tenant, will not limit the liability of Tenant or relieve Tenant of any obligation thereunder, except to the extent provided for under Paragraph 18 below (Waiver of Claims; Waiver of Subrogation). Any deductibles shall selected by Tenant will be the sole responsibility of Tenant. Tenant shall deliver to Landlord on or before In the Delivery Date, and thereafter as soon as possible before the expiration dates of the expired policies, event there is a certificate of insurance providing evidence change in any of the insurance coverage industry’s forms required under this Paragraph 8. If Tenant shall fail to procure such insurance17.1, or there is a significant change in the common insurance requirements of other institutional landlords (unrelated to deliver such policies or certificatesLandlord) for similar leased properties in the same geographic area as the Property hereunder, Landlord may, at Landlord’s option in its reasonable discretion, change the insurance policy limits and in addition forms which are required to Landlord’s be provided by Tenant; provided that such changes will be made to conform with such insurance industry changes or common insurance requirements of other remedies in the Event of a Default by Tenant hereunder, procure the same for the account of Tenant(unrelated) institutional landlords. Landlord will not change required insurance limits or forms more often than once per calendar year, and will not change such required limits or forms before the cost thereof shall be paid to Landlord as Additional Rent2nd anniversary of the Commencement Date.

Appears in 1 contract

Samples: Lease Agreement (Fusion-Io, Inc.)

General Insurance Requirements. All policies of liability insurance so obtained and maintained, including any umbrella liability insurance policies, shall (a) be carried in the name of Tenant, (b) name Landlord, any Security Holder and Landlord’s designated agents as additional insureds, pursuant to an endorsement providing coverage at least as broad as ISO form CG 2010 11/85 or equivalent (which shall permit any such additional insureds to recover attorneys’ fees and costs as the prevailing party in any dispute with the insurer), (c) be the primary insurance providing coverage for Landlord (any other liability insurance maintained by Landlord to be excess and non-contributing), (d) contain a cross-liability endorsement stating that the rights of insureds shall not be prejudiced by one insured making a claim or commencing an action against another insured, (e) include severability of interest clauses, products-completed operations and coverage of independent contractors, and (f) include breach of conditions coverage in favor of Landlord and the other additional insureds. The insurance requirements coverages described in this Paragraph 8 shall not in any way limit, in either scope or amount, the indemnity obligations separately owed by Tenant to Landlord under this Lease, or the liability of Tenant for nonperformance of its obligations or for loss or damage for which Tenant is responsible hereunder. No endorsement limiting or excluding a required coverage is permitted. Duly executed certificates of insurance of such insurance policies required to be carried by Tenant Exhibit B shall be delivered endorsed to (i) provide Landlord prior to the date that Tenant occupies the Premises for any reason, and evidence of renewals of such policies shall be delivered to Landlord as soon as possible prior to the expiration of each respective policy term. All Tenant’s insurance shall provide that the insurer agrees not to cancel the policy without at least with thirty (30) days’ prior written notice to Tenant (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall give Tenant at least ten (10) days’ prior notice). Tenant shall notify Landlord within ten (10) days following receipt of any such ' notice of cancellation or any material modification change in terms; and (ii) be primary and non-contributing with Landlord's insurance. The property insurance coverage required of any policy Tenant shall be endorsed to waive all rights of subrogation by the insurance applicable to carrier against Landlord or shall otherwise state that the Premises required under this Paragraphcarrier shall be so bound by Tenant's waiver of the carrier's right of subrogation. If at any time during the Term (i) the amount or coverage of insurance which Tenant is required to carry under Paragraph 8.2 this Exhibit B is, in Landlord’s 's reasonable judgment, materially less than the amount or type of insurance coverage typically carried by owners or tenants leasing space of properties located in Comparable Buildings the general area in which the Premises are located which are similar to and operated for similar purposes as the Premises or (b) if Tenant’s 's use of the Premises should change with or without Landlord’s 's consent, Landlord shall have the right to require Tenant to increase the amount or change the types of insurance coverage required under Paragraph 8.2, provided that any increase of insurance required pursuant to clause (i) shall be uniformly imposed by Landlord on all office tenants within the Building. this Exhibit B. All insurance policies required to be carried by Tenant under this Lease shall be written by companies rated A- VII AX or better in "Best’s 's Insurance Guide Guide" and authorized to do business in the state in which the Building is locatedState of Nevada. Payment of any deductibles Deductible amounts under all insurance policies required to be carried by Tenant under this Lease shall be the sole responsibility of Tenantnot exceed $10,000 per occurrence. Tenant shall deliver to Landlord on or before the Delivery Term Commencement Date, and thereafter as soon as possible at least thirty (30) days before the expiration dates of the expired policies, certified copies of Tenant's insurance policies, or a certificate of insurance providing evidence of evidencing the insurance coverage required under this Paragraph 8. If same issued by the insurer thereunder, and, if Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at Landlord’s 's option and in addition to Landlord’s 's other remedies in the Event event of a Default default by Tenant hereunderunder the Lease, procure the same for the account of Tenant, and the cost thereof (with interest thereon at the Default Rate) shall be paid to Landlord as Additional Rent.

Appears in 1 contract

Samples: Lease Agreement (Qorus Com Inc)

General Insurance Requirements. All policies of liability insurance so obtained and maintained, including any umbrella liability insurance policies, shall (a) be carried in the name of Tenant, (b) name Landlord, any Security Holder and Landlord’s designated agents as additional insureds, pursuant to an endorsement providing coverage at least as broad as ISO form CG 2010 11/85 or equivalent (which shall permit any such additional insureds to recover attorneys’ fees and costs as the prevailing party in any dispute with the insurer), (c) be the primary insurance providing coverage for Landlord (any other liability insurance maintained by Landlord to be excess and non-contributing), (d) contain a cross-liability endorsement stating that the rights of insureds shall not be prejudiced by one insured making a claim or commencing an action against another insured, (e) include severability of interest clauses, products-completed operations and coverage of independent contractors, and (f) include breach of conditions coverage in favor of Landlord and the other additional insureds. The insurance requirements in this Paragraph 8 shall not in any way limit, in either scope or amount, the indemnity obligations separately owed by Tenant to Landlord under this Lease, or the liability of Tenant for nonperformance of its obligations or for loss or damage for which Tenant is responsible hereunder. No endorsement limiting or excluding a required coverage is permitted. Duly executed certificates of insurance of such insurance policies required to be carried by Tenant shall hereunder must be delivered to Landlord prior to the date that Tenant occupies the Premises for any reason, issued by and evidence of renewals of such policies shall be delivered to Landlord as soon as possible prior to the expiration of each respective policy term. All Tenant’s binding upon an insurance shall provide that the insurer agrees not to cancel the policy without at least thirty (30) days’ prior written notice to Tenant (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall give Tenant at least ten (10) days’ prior notice). Tenant shall notify Landlord within ten (10) days following receipt of any such notice of cancellation or any material modification of any policy of insurance applicable to the Premises required under this Paragraph. If at any time during the Term (i) the amount or coverage of insurance which Tenant is required to carry under Paragraph 8.2 is, in Landlord’s reasonable judgment, materially less than the amount or type of insurance coverage typically carried by tenants leasing space in Comparable Buildings which are similar to and operated for similar purposes as the Premises or (b) Tenant’s use of the Premises should change with or without Landlord’s consent, Landlord shall have the right to require Tenant to increase the amount or change the types of insurance coverage required under Paragraph 8.2, provided that any increase of insurance required pursuant to clause (i) shall be uniformly imposed by Landlord on all office tenants within the Building. All insurance policies required to be carried by Tenant under this Lease shall be written by companies rated A- VII or better in Best’s Insurance Guide and authorized company licensed to do business in the state in which the Building property is locatedlocated with a rating of at least "A-" "XII" or better as set forth in the most current issue of Best's Key Rating Guide, unless otherwise approved by Landlord. Payment Tenant will not do or permit anything to be done that would invalidate the insurance policies required. Liability insurance maintained by Tenant will be primary coverage without right of contribution by any similar insurance that may be maintained by Landlord. Certificates of insurance, acceptable to Landlord, evidencing the existence and amount of each liability insurance policy required hereunder and Evidence of Property Insurance Form, Xxxxx 27, evidencing property insurance as required will be delivered to Landlord prior to delivery or possession of the Premises and ten days prior to each renewal date. Certificates of insurance will include an endorsement for each policy showing that the Required Additional Insureds are included as additional insureds on liability policies (except employer's liability). The Evidence of Property Insurance Form will name Landlord as loss payee for property insurance as respects Landlord's interest in improvements and betterments. Further, the certificates must include an endorsement for each policy whereby the insurer agrees not to cancel or non-renew the policy, or reduce the coverage below the limits required in this Lease, without at least 30 days' prior notice to Landlord and Landlord's managing agent, if any. If Tenant fails to provide evidence of insurance required to be provided by Tenant hereunder, prior to commencement of the term and thereafter during the term, within 10 days following Landlord's request thereof, and 10 days prior to the expiration date of any such coverage, Landlord will be authorized (but not required) to procure such coverage in the amount stated with all costs thereof to be chargeable to Tenant and payable upon written invoice thereof. The limits of insurance required by this Lease, or as carried by Tenant, will not limit the liability of Tenant or relieve Tenant of any obligation thereunder, except to the extent provided for under Paragraph 18 below (Waiver of Claims; Waiver of Subrogation). Any deductibles shall selected by Tenant will be the sole responsibility of Tenant. Tenant shall deliver to Landlord on or before the Delivery Date, and thereafter as soon as possible before the expiration dates of the expired policies, a certificate of insurance providing evidence of the insurance coverage required under this Paragraph 8. If Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at Landlord’s option its sole discretion, change the insurance policy limits and forms which are required to be provided by Tenant; such changes will be made to conform with common insurance requirements for similar properties in addition to Landlord’s other remedies in the Event of a Default by Tenant hereunder, procure the same for the account of Tenant, and the cost thereof shall be paid to similar geographic locations. Landlord as Additional Rentwill not change required insurance limits or forms more often than once per calendar year.

Appears in 1 contract

Samples: Lease Agreement (Discovery Laboratories Inc /De/)

General Insurance Requirements. All policies of liability insurance so obtained and maintained, including any umbrella liability insurance policies, shall (a) be carried in the name of Tenant, (b) name Landlord, any Security Holder and Landlord’s designated agents as additional insureds, pursuant to an endorsement providing coverage at least as broad as ISO form CG 2010 11/85 or equivalent (which shall permit any such additional insureds to recover attorneys’ fees and costs as the prevailing party in any dispute with the insurer), (c) be the primary insurance providing coverage for Landlord (any other liability insurance maintained by Landlord to be excess and non-contributing), (d) contain a cross-liability endorsement stating that the rights of insureds shall not be prejudiced by one insured making a claim or commencing an action against another insured, (e) include severability of interest clauses, products-completed operations and coverage of independent contractors, and (f) include breach of conditions coverage in favor of Landlord and the other additional insureds. The insurance requirements coverages described in this Paragraph 8 shall not in any way limit, in either scope or amount, the indemnity obligations separately owed by Tenant to Landlord under this Lease, or the liability of Tenant for nonperformance of its obligations or for loss or damage for which Tenant is responsible hereunder. No endorsement limiting or excluding a required coverage is permitted. Duly executed certificates of insurance of such insurance policies required to be carried by Tenant Exhibit B shall be delivered endorsed to (i) provide Landlord prior to the date that Tenant occupies the Premises for any reason, and evidence of renewals of such policies shall be delivered to Landlord as soon as possible prior to the expiration of each respective policy term. All Tenant’s insurance shall provide that the insurer agrees not to cancel the policy without at least with thirty (30) days’ prior written notice to Tenant (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall give Tenant at least ten (10) days’ prior notice). Tenant shall notify Landlord within ten (10) days following receipt of any such ' notice of cancellation or any material modification change in terms; and (ii) be primary and non-contributing with Landlord's insurance. The property insurance coverage required of any policy Tenant shall be endorsed to waive all rights of subrogation by the insurance applicable to carrier against Landlord or shall otherwise state that the Premises required under this Paragraphcarrier shall be so bound by Tenant's waiver of the carrier's right of subrogation. If at any time during the Term (i) the amount or coverage of insurance which Tenant is required to carry under Paragraph 8.2 this Exhibit B is, in Landlord’s 's reasonable judgment, materially less than the amount or type of insurance coverage typically carried by owners or tenants leasing space of properties located in Comparable Buildings the general area in which the Premises are located which are similar to and operated for similar purposes as the Premises or (b) if Tenant’s 's use of the Premises should change with or without Landlord’s 's consent, Landlord shall have the right to o require Tenant to increase the amount or change the types of insurance coverage required under Paragraph 8.2, provided that any increase of insurance required pursuant to clause (i) shall be uniformly imposed by Landlord on all office tenants within the Building. this Exhibit B. All insurance policies required to be carried by Tenant under this Lease shall be written by companies rated A- VII A-X or better in "Best’s 's Insurance Guide Guide" and authorized to do business in the state in which the Building is locatedState of Nevada. Payment of any deductibles Deductible amounts under all insurance policies required to be carried by Tenant under this Lease shall be the sole responsibility of Tenantnot exceed $10,000 per occurrence. Tenant shall deliver to Landlord on or before the Delivery Term Commencement Date, and thereafter as soon as possible at least thirty (30) days before the expiration dates of the expired policies, certified copies of Tenant's insurance policies, or a certificate of insurance providing evidence of evidencing the insurance coverage required under this Paragraph 8. If same issued by the insurer thereunder, and, if Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at Landlord’s 's option and in addition to Landlord’s 's other remedies in the Event event of a Default default by Tenant hereunderunder the Lease, procure the same for the account of Tenant, and the cost thereof (with interest theron at the Default Rate) shall be paid to Landlord as Additional Rent.

Appears in 1 contract

Samples: Lease Agreement (Manchester Technologies Inc)

General Insurance Requirements. All policies of liability insurance so obtained and maintained, including any umbrella liability insurance policies, shall (a) be carried in the name of Tenant, (b) name Landlord, any Security Holder and Landlord’s designated agents as additional insureds, pursuant to an endorsement providing coverage at least as broad as ISO form CG 2010 11/85 or equivalent (which shall permit any such additional insureds to recover attorneys’ fees and costs as the prevailing party in any dispute with the insurer), (c) be the primary insurance providing coverage for Landlord (any other liability insurance maintained by Landlord to be excess and non-contributing), (d) contain a cross-liability endorsement stating that the rights of insureds shall not be prejudiced by one insured making a claim or commencing an action against another insured, (e) include severability of interest clauses, products-completed operations and coverage of independent contractors, and (f) include breach of conditions coverage in favor of Landlord and the other additional insureds. The insurance requirements coverages described in this Paragraph 8 shall not in any way limit, in either scope or amount, the indemnity obligations separately owed by Tenant to Landlord under this Lease, or the liability of Tenant for nonperformance of its obligations or for loss or damage for which Tenant is responsible hereunder. No endorsement limiting or excluding a required coverage is permitted. Duly executed certificates of insurance of such insurance policies required to be carried by Tenant 8.B. shall be delivered endorsed to (i) provide Landlord prior to the date that Tenant occupies the Premises for any reason, and evidence of renewals of such policies shall be delivered to Landlord as soon as possible prior to the expiration of each respective policy term. All Tenant’s insurance shall provide that the insurer agrees not to cancel the policy without at least with thirty (30) days’ prior written notice to Tenant (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall give Tenant at least ten (10) days’ prior notice). Tenant shall notify Landlord within ten (10) days following receipt of any such ' notice of cancellation or any material modification change in terms; and (ii) waive all rights of any policy of subrogation by the insurance applicable to the Premises required under this Paragraphcarrier against Landlord. If at any time during the Term (i) the amount or coverage of insurance which Tenant is required to carry under this Paragraph 8.2 8.B. is, in Landlord’s 's reasonable judgment, materially less than the amount or type of insurance coverage typically carried by owners or tenants leasing space of properties located in Comparable Buildings the general area in which the Premises are located which are similar to and operated for similar purposes as the Premises or (b) if Tenant’s 's use of the Premises should change with or without Landlord’s 's consent, Landlord shall have the right to require Tenant to increase the amount or change the types of insurance coverage required under this Paragraph 8.2, provided that any increase of insurance required pursuant to clause (i) shall be uniformly imposed by Landlord on all office tenants within the Building. 8.B. All insurance policies required to be carried by Tenant under this Lease shall be written by companies rated A- A X VII or better in "Best’s 's Insurance Guide Guide" and authorized to do business in the state in which the Building is locatedState of California. Payment of Should Franklin Resources, Inc. or its successor by merger or acquisition, no longer be "Tenant" under this Lease, In any deductibles event then deductible amounts under all insurance policies required to be carried by Tenant under this Lease shall be the sole responsibility of Tenantnot exceed Five Thousand Dollars ($5,000.00) per occurrence. Tenant shall deliver to Landlord on or before the Delivery Term Commencement Date, and thereafter as soon as possible at least thirty (30) days before the expiration dates of the expired policies, certified copies of Tenant's insurance policies, or a certificate of insurance providing evidence of evidencing the insurance coverage required under this Paragraph 8. If same issued by the insurer thereunder; and, if Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at Landlord’s 's option and in addition to Landlord’s 's other remedies in the Event event of a Default default by Tenant hereunder, procure the same for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent.

Appears in 1 contract

Samples: Sublease Agreement (Divx Inc)

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General Insurance Requirements. All policies of liability insurance so obtained and maintained, including any umbrella liability insurance policies, shall (a) be carried in the name of Tenant, (b) name Landlord, any Security Holder and Landlord’s designated agents as additional insureds, pursuant to an endorsement providing coverage at least as broad as ISO form CG 2010 11/85 or equivalent (which shall permit any such additional insureds to recover attorneys’ fees and costs as the prevailing party in any dispute with the insurer), (c) be the primary insurance providing coverage for Landlord (any other liability insurance maintained by Landlord to be excess and non-contributing), (d) contain a cross-liability endorsement stating that the rights of insureds shall not be prejudiced by one insured making a claim or commencing an action against another insured, (e) include severability of interest clauses, products-completed operations and coverage of independent contractors, and (f) include breach of conditions coverage in favor of Landlord and the other additional insureds. The insurance requirements coverages described in this Paragraph 8 shall not in any way limit, in either scope or amount, the indemnity obligations separately owed by Tenant to Landlord under this Lease, or the liability of Tenant for nonperformance of its obligations or for loss or damage for which Tenant is responsible hereunder. No endorsement limiting or excluding a required coverage is permitted. Duly executed certificates of insurance of such insurance policies required to be carried by Tenant Section 6.2 shall be delivered endorsed to (i) provide Landlord prior to the date that Tenant occupies the Premises for any reason, and evidence of renewals of such policies shall be delivered to Landlord as soon as possible prior to the expiration of each respective policy term. All Tenant’s insurance shall provide that the insurer agrees not to cancel the policy without at least thirty (30) with 30 days’ prior written notice to Tenant (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall give Tenant at least ten (10) days’ prior notice). Tenant shall notify Landlord within ten (10) days following receipt of any such notice of cancellation or change in terms (other than any material modification de minimus changes) and 10 days’ prior notice for any cancellation for the non-payment of any policy premiums; and (ii) waive all rights of subrogation by the insurance applicable to the Premises required under this Paragraphcarrier against Landlord. If at any time during the Term (i) the amount or coverage of insurance which Tenant is required to carry under Paragraph 8.2 this Section 6.2 is, in Landlord’s reasonable judgment, materially less than the amount or type of insurance coverage typically carried by owners or tenants leasing space of properties located in Comparable Buildings the general area in which the Premises are located which are similar to and operated for similar purposes as the Premises or (b) if Tenant’s use of the Premises should change with or without Landlord’s consent, Landlord shall have the right to require Tenant to increase the amount or change the types of insurance coverage required under Paragraph 8.2, provided that any increase of insurance required pursuant to clause (i) shall be uniformly imposed by Landlord on all office tenants within the Buildingthis Section 6.2. All insurance policies required to be carried by Tenant under this Lease shall be written by companies rated A- VII A-VIII or better in Best’s Insurance Guide Guide” and authorized to do business in the state in which the Building is locatedState. Payment of In any deductibles event deductible amounts under all insurance policies required to be carried by Tenant under this Lease shall be the sole responsibility of Tenantnot exceed $25,000 per occurrence. Tenant shall deliver to Landlord on or before the Delivery Commencement Date, and thereafter as soon as possible at least 10 days before the expiration dates of the expired policies, certified copies of Tenant’s insurance policies, or a certificate of insurance providing evidence of evidencing the insurance coverage required under this Paragraph 8. If same issued by the insurer thereunder; and, if Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at Landlord’s option and in addition to Landlord’s other remedies in the Event event of a Default default by Tenant hereunder, procure the same for the account of Tenant, and the cost thereof (with interest thereon at the Default Rate, as defined in Section 21.4) shall be paid to Landlord as Additional Rent.

Appears in 1 contract

Samples: Office Lease (Cepheid)

General Insurance Requirements. All policies of liability insurance so obtained and maintained, including any umbrella liability insurance policies, coverages described in this Exhibit B shall be endorsed to (a) be carried in the name of Tenant, (bi) name Landlord, any Security Holder Landlord as an additional insured and Landlord’s designated agents as additional insureds, pursuant to an endorsement providing coverage at least as broad as ISO form CG 2010 11/85 or equivalent (which shall permit any such additional insureds to recover attorneys’ fees and costs as the prevailing party in any dispute with the insurer), (c) be the primary insurance providing coverage for Landlord (any other liability insurance maintained by Landlord to be excess and non-contributing), (d) contain a cross-liability endorsement stating that the rights of insureds Tenant shall not be prejudiced by one insured making a claim or commencing an action against another insured, (e) include severability of interest clauses, products-completed operations and coverage of independent contractors, and (f) include breach of conditions coverage in favor of Landlord and the other additional insureds. The insurance requirements in this Paragraph 8 shall not in any way limit, in either scope or amount, the indemnity obligations separately owed by Tenant to Landlord under this Lease, or the liability of Tenant for nonperformance of its obligations or for loss or damage for which Tenant is responsible hereunder. No endorsement limiting or excluding a required coverage is permitted. Duly executed certificates of insurance of allow such insurance policies required to lapse, be carried by Tenant shall be delivered to Landlord prior to the date that Tenant occupies the Premises for any reason, and evidence of renewals of such policies shall be delivered to Landlord as soon as possible prior to the expiration of each respective policy term. All Tenant’s insurance shall provide that the insurer agrees not to cancel the policy terminated or altered without at least thirty (30) days’ prior written notice to Tenant the Landlord; and (except in the event ii) be primary and non-contributing with Xxxxxxxx’s insurance. The property insurance coverage required of a cancellation as a result of nonpayment, in which event the insurer shall give Tenant at least ten (10) days’ prior notice). Tenant shall notify be endorsed to waive all rights of subrogation by the insurance carrier against Landlord within ten (10) days following receipt or shall otherwise state that the carrier shall be so bound by Tenant’s waiver of any such notice the carrier’s right of cancellation or any material modification of any policy of insurance applicable to the Premises required under this Paragraphsubrogation. If at any time during the Term (i) the amount or coverage of insurance which Tenant is required to carry under Paragraph 8.2 this Exhibit B is, in Landlord’s reasonable judgment, materially less than the amount or type of insurance coverage typically carried by owners or tenants leasing space of properties located in Comparable Buildings the general area in which the Premises are located which are similar to and operated for similar purposes as the Premises or (b) if Tenant’s use of the Premises should change with or without Landlord’s consent, Landlord shall have the right to require Tenant to increase the amount or change the types of insurance coverage required under Paragraph 8.2, provided that any increase of insurance required pursuant to clause (i) shall be uniformly imposed by Landlord on all office tenants within the Building. this Exhibit B. All insurance policies required to be carried by Tenant under this Lease shall be written by companies rated A- VII AX or better in "Best’s Insurance Guide Guide" and authorized to do business in the state in which the Building is locatedState of Nevada. Payment of any deductibles Deductible amounts under all insurance policies required to be carried by Tenant under this Lease shall be the sole responsibility of Tenantnot exceed $10,000 per occurrence. Tenant shall deliver to Landlord on or before the Delivery Term Commencement Date, and thereafter as soon as possible at least thirty (30) days before the expiration dates of the expired policies, certified copies of Tenant’s insurance policies, or a certificate of insurance providing evidence of evidencing the insurance coverage required under this Paragraph 8. If same issued by the insurer thereunder, and, if Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at Landlord’s option and in addition to Landlord’s other remedies in the Event event of a Default default by Tenant hereunderunder the Lease, procure the same for the account of Tenant, and the cost thereof (with interest thereon at the Default Rate) shall be paid to Landlord as Additional Rent.

Appears in 1 contract

Samples: Lease Agreement (Healthy Extracts Inc.)

General Insurance Requirements. All policies of liability insurance so obtained and maintained, including any umbrella liability insurance policies, shall (a) be carried in the name of Tenant, (b) name Landlord, any Security Holder and Landlord’s designated agents as additional insureds, pursuant to an endorsement providing coverage at least as broad as ISO form CG 2010 11/85 or equivalent (which shall permit any such additional insureds to recover attorneys’ fees and costs as the prevailing party in any dispute with the insurer), (c) be the primary insurance providing coverage for Landlord (any other liability insurance maintained by Landlord to be excess and non-contributing), (d) contain a cross-liability endorsement stating that the rights of insureds shall not be prejudiced by one insured making a claim or commencing an action against another insured, (e) include severability of interest clauses, products-completed operations and coverage of independent contractors, and (f) include breach of conditions coverage in favor of Landlord and the other additional insureds. The insurance requirements coverages described in this Paragraph 8 shall not in any way limit, in either scope or amount, the indemnity obligations separately owed by Tenant to Landlord under this Lease, or the liability of Tenant for nonperformance of its obligations or for loss or damage for which Tenant is responsible hereunder. No endorsement limiting or excluding a required coverage is permitted. Duly executed certificates of insurance of such insurance policies required to be carried by Tenant Exhibit D shall be delivered endorsed to (i) provide Landlord prior to the date that Tenant occupies the Premises for any reason, and evidence of renewals of such policies shall be delivered to Landlord as soon as possible prior to the expiration of each respective policy term. All Tenant’s insurance shall provide that the insurer agrees not to cancel the policy without at least with thirty (30) days’ prior written notice to Tenant (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall give Tenant at least ten (10) days’ prior notice). Tenant shall notify Landlord within ten (10) days following receipt of any such ' notice of cancellation or any material modification change in terms; (it) waive all rights of any policy of subrogation by the insurance applicable to the Premises required under this Paragraphcarrier against Landlord; and (iii) be primary and non-contributing with Landlord's insurance. If at any time during the Term (i) the amount or coverage of insurance which Tenant is required to carry under Paragraph 8.2 this Exhibit D is, in Landlord’s 's reasonable judgment, materially less than the amount or type of insurance coverage typically carried by owners or tenants leasing space of properties located in Comparable Buildings the general area in which the Premises are located which are similar to and operated for similar purposes as the Premises or (b) if Tenant’s 's use of the Premises should change with or without Landlord’s 's consent, Landlord shall have the right fight to require Tenant to increase the amount or change the types of insurance coverage required under Paragraph 8.2, provided that any increase of insurance required pursuant to clause (i) shall be uniformly imposed by Landlord on all office tenants within the Building. this Exhibit D. All insurance policies required to be carried by Tenant under this Lease shall be written by companies rated A- VII AVII or better in "Best’s 's Insurance Guide Guide" and authorized to do business in the state in which the Building is locatedState of California. Payment of any deductibles Deductible amounts under all insurance policies required to be carried by Tenant under this Lease shall be the sole responsibility of Tenantnot exceed $10,000 per occurrence. Tenant shall deliver to Landlord on or before the Delivery Term Commencement Date, and thereafter as soon as possible at least thirty (30) days before the expiration dates of the expired policies, certified copies of Tenant's insurance policies, or a certificate of insurance providing evidence of evidencing the insurance coverage required under this Paragraph 8. If same issued by the insurer thereunder, and, if Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at Landlord’s 's option and in addition to Landlord’s 's other remedies in the Event event of a Default default by Tenant hereunderunder the Lease, procure the same for the account of Tenant, and the cost thereof thereof(with interest thereon at the Default Rate) shall be paid to Landlord as Additional Rent.. EXHIBIT E Parking Rules and Regulations ZAPME! Corporation

Appears in 1 contract

Samples: Office Lease (Zapme Corp)

General Insurance Requirements. All policies of liability insurance so obtained and maintained, including any umbrella liability insurance policies, shall (a) be carried in the name of Tenant, (b) name Landlord, any Security Holder and Landlord’s designated agents as additional insureds, pursuant to an endorsement providing coverage at least as broad as ISO form CG 2010 11/85 or equivalent (which shall permit any such additional insureds to recover attorneys’ fees and costs as the prevailing party in any dispute with the insurer), (c) be the primary insurance providing coverage for Landlord (any other liability insurance maintained by Landlord to be excess and non-contributing), (d) contain a cross-liability endorsement stating that the rights of insureds shall not be prejudiced by one insured making a claim or commencing an action against another insured, (e) include severability of interest clauses, products-completed operations and coverage of independent contractors, and (f) include breach of conditions coverage in favor of Landlord and the other additional insureds. The insurance requirements in this Paragraph 8 shall not in any way limit, in either scope or amount, the indemnity obligations separately owed by Tenant to Landlord under this Lease, or the liability of Tenant for nonperformance of its obligations or for loss or damage for which Tenant is responsible hereunder. No endorsement limiting or excluding a required coverage is permitted. Duly executed certificates of insurance of such insurance policies required to be carried by Tenant shall and Tenant's contractors, subcontractors and movers hereunder must be delivered to Landlord prior to the date that Tenant occupies the Premises for any reason, issued by and evidence of renewals of such policies shall be delivered to Landlord as soon as possible prior to the expiration of each respective policy term. All Tenant’s binding upon an insurance shall provide that the insurer agrees not to cancel the policy without at least thirty (30) days’ prior written notice to Tenant (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall give Tenant at least ten (10) days’ prior notice). Tenant shall notify Landlord within ten (10) days following receipt of any such notice of cancellation company licensed or any material modification of any policy of insurance applicable to the Premises required under this Paragraph. If at any time during the Term (i) the amount or coverage of insurance which Tenant is required to carry under Paragraph 8.2 is, in Landlord’s reasonable judgment, materially less than the amount or type of insurance coverage typically carried by tenants leasing space in Comparable Buildings which are similar to and operated for similar purposes as the Premises or (b) Tenant’s use of the Premises should change with or without Landlord’s consent, Landlord shall have the right to require Tenant to increase the amount or change the types of insurance coverage required under Paragraph 8.2, provided that any increase of insurance required pursuant to clause (i) shall be uniformly imposed by Landlord on all office tenants within the Building. All insurance policies required to be carried by Tenant under this Lease shall be written by companies rated A- VII or better in Best’s Insurance Guide and authorized to do business in the state in which the Building property is locatedlocated with an A.M. Best’s Rating of at least "A-" "VIII" or better, unless otherwise acceptable to Landlord. Payment Tenant will not do or permit anything to be done that would invalidate the insurance policies required. General liability insurance maintained by Tenant and Tenant's contractors, subcontractors and movers will be primary coverage without right of contribution by any similar insurance that may be maintained by Landlord. Certificates of insurance, reasonably acceptable to Landlord, evidencing the existence and amount of each liability insurance policy required hereunder and Evidence of Property Insurance Form, Xxxxx 28, evidencing property insurance as required, will be delivered to Landlord prior to delivery or possession of the Premises and prior to each renewal date. Liability policies (except employers’ liability) will each include an endorsement naming the Required Additional Insureds such additional insured status. The Evidence of Property Insurance Form will name Landlord as loss payee for property insurance as respects Landlord's interest in improvements and betterments. Further, Tenant must endeavor to obtain certificates which indicate that insurers will endeavor to provide at least 30 days' prior notice to Landlord and Landlord's managing agent prior to any cancellation of coverage. If Tenant fails to provide evidence of insurance required to be provided by Tenant hereunder, prior to commencement of the term and thereafter during the term, within 10 days following Landlord's request thereof, and prior to the expiration date of any such coverage, Landlord will be authorized (but not required) to procure such coverage in the amount stated with all costs thereof to be chargeable to Tenant and payable upon written invoice thereof. The limits of insurance required by this lease, or as carried by Tenant, will not limit the liability of Tenant or relieve Tenant of any obligation thereunder. Any deductibles shall selected by Tenant will be the sole responsibility of Tenant. Tenant shall deliver to Landlord on or before the Delivery Date, and thereafter as soon as possible before the expiration dates of the expired policies, a certificate of insurance providing evidence of the insurance coverage required under this Paragraph 8. If Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at Landlord’s option its sole discretion, change the insurance policy limits and forms which are required to be provided by Tenant; such changes will be made to conform to reasonable insurance requirements for similar properties in addition to Landlord’s other remedies in the Event of a Default by Tenant hereunder, procure the same for the account of Tenant, and the cost thereof shall be paid to similar geographic locations. Landlord as Additional Rent.will not change required insurance limits or forms more often than once per calendar year. C.

Appears in 1 contract

Samples: Office Lease (Lattice Semiconductor Corp)

General Insurance Requirements. All policies of liability insurance so obtained and maintained, including any umbrella liability insurance policies, shall (a) be carried in the name of Tenant, (b) name Landlord, any Security Holder and Landlord’s designated agents as additional insureds, pursuant to an endorsement providing coverage at least as broad as ISO form CG 2010 11/85 or equivalent (which shall permit any such additional insureds to recover attorneys’ fees and costs as the prevailing party in any dispute with the insurer), (c) be the primary insurance providing coverage for Landlord (any other liability insurance maintained by Landlord to be excess and non-contributing), (d) contain a cross-liability endorsement stating that the rights of insureds shall not be prejudiced by one insured making a claim or commencing an action against another insured, (e) include severability of interest clauses, products-completed operations and coverage of independent contractors, and (f) include breach of conditions coverage in favor of Landlord and the other additional insureds. The insurance requirements in this Paragraph 8 shall not in any way limit, in either scope or amount, the indemnity obligations separately owed by Tenant to Landlord under this Lease, or the liability of Tenant for nonperformance of its obligations or for loss or damage for which Tenant is responsible hereunder. No endorsement limiting or excluding a required coverage is permitted. Duly executed certificates of insurance of such insurance policies required to be carried by Tenant shall be delivered to Landlord prior to the date that Tenant occupies the Premises for any reason, and evidence of renewals of such policies shall be delivered to Landlord as soon as possible prior to the expiration of each respective policy term. All Tenant’s insurance coverages described in this Exhibit D shall be endorsed to (i) provide that the insurer agrees not to cancel the policy without at least Landlord with thirty (30) days’ prior written notice to Tenant (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall give Tenant at least ten (10) days’ prior notice). Tenant shall notify Landlord within ten (10) days following receipt of any such notice of cancellation or any material modification change in terms; (ii) waive all rights of any policy of subrogation by the insurance applicable to the Premises required under this Paragraphcarrier against Landlord; and (iii) be primary and non-contributing with Landlord’s insurance. If at any time during the Term (i) the amount or coverage of insurance which Tenant is required to carry under Paragraph 8.2 this Exhibit D is, in Landlord’s reasonable judgment, materially less than the amount or type of insurance coverage typically carried by owners or tenants leasing space of properties located in Comparable Buildings the general area in which the Premises are located which are similar to and operated for similar purposes as the Premises or (b) if Tenant’s use of the Premises should change with or without Landlord’s consent, Landlord shall have the right to require Tenant to increase the amount or change the types of insurance coverage required under Paragraph 8.2, provided that any increase of insurance required pursuant to clause (i) shall be uniformly imposed by Landlord on all office tenants within the Building. this Exhibit D. All insurance policies required to be carried by Tenant under this Lease shall be written by companies rated A- VII AVII or better in Best’s Insurance Guide Guide” and authorized to do business in the state in which the Building is locatedState of California. Payment of any deductibles Deductible amounts under all insurance policies required to be carried by Tenant under this Lease shall be the sole responsibility of Tenantnot exceed $10,000 per occurrence. Tenant shall deliver to Landlord on or before the Delivery Term Commencement Date, and thereafter as soon as possible at least thirty (30) days before the expiration dates of the expired policies, certified copies of Tenant’s insurance policies, or a certificate of insurance providing evidence of evidencing the insurance coverage required under this Paragraph 8. If same issued by the insurer thereunder, and, if Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at Landlord’s option and in addition to Landlord’s other remedies in the Event event of a Default default by Tenant hereunderunder the Lease, procure the same for the account of Tenant, and the cost thereof (with interest thereon at the Default Rate) shall be paid to Landlord as Additional Rent.

Appears in 1 contract

Samples: Office Lease (Intarcia Therapeutics, Inc)

General Insurance Requirements. All policies of liability insurance so obtained and maintained, including any umbrella liability insurance policies, shall (a) be carried in the name of Tenant, (b) name Landlord, any Security Holder and Landlord’s designated agents as additional insureds, pursuant to an endorsement providing coverage at least as broad as ISO form CG 2010 11/85 or equivalent (which shall permit any such additional insureds to recover attorneys’ fees and costs as the prevailing party in any dispute with the insurer), (c) be the primary insurance providing coverage for Landlord (any other liability insurance maintained by Landlord to be excess and non-contributing), (d) contain a cross-liability endorsement stating that the rights of insureds shall not be prejudiced by one insured making a claim or commencing an action against another insured, (e) include severability of interest clauses, products-completed operations and coverage of independent contractors, and (f) include breach of conditions coverage in favor of Landlord and the other additional insureds. The insurance requirements in this Paragraph 8 shall not in any way limit, in either scope or amount, the indemnity obligations separately owed by Tenant to Landlord under this Lease, or the liability of Tenant for nonperformance of its obligations or for loss or damage for which Tenant is responsible hereunder. No endorsement limiting or excluding a required coverage is permitted. Duly executed certificates of insurance of such insurance policies required to be carried by Tenant shall be delivered to Landlord prior to the date that Tenant occupies the Premises for any reason, and evidence of renewals of such policies shall be delivered to Landlord as soon as possible prior to the expiration of each respective policy term. All Tenant’s insurance coverages described in thisExhibit D shall be endorsed to (i) provide that the insurer agrees not to cancel the policy without at least Landlord with thirty (30) days’ prior written notice to Tenant (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall give Tenant at least ten (10) days’ prior notice). Tenant shall notify Landlord within ten (10) days following receipt of any such notice of cancellation or any material modification change in terms; (ii) waive all rights of any policy of subrogation by the insurance applicable to the Premises required under this Paragraphcarrier against Landlord; and (iii) be primary and non-contributing with Landlord’s insurance. If at any time during the Term (i) the amount or coverage of insurance which Tenant is required to carry under Paragraph 8.2 this Exhibit D is, in Landlord’s reasonable judgment, materially less than the amount or type of insurance coverage typically carried by owners or tenants leasing space of properties located in Comparable Buildings the general area in which the Premises are located which are similar to and operated for similar purposes as the Premises or (b) if Tenant’s use of the Premises should change with or without Landlord’s consent, Landlord shall have the right to require Tenant to increase the amount or change the types of insurance coverage required under Paragraph 8.2, provided that any increase of insurance required pursuant to clause (i) shall be uniformly imposed by Landlord on all office tenants within the Building. this Exhibit D. All insurance policies required to be carried by Tenant under this Lease shall be written by companies rated A- VII AVII or better in Best’s Insurance Guide Guide” and authorized to do business in the state in which the Building is locatedState of Oregon. Payment of any deductibles Deductible amounts under all insurance policies required to be carried by Tenant under this Lease shall be the sole responsibility of Tenantnot exceed $10,000 per occurrence. Tenant shall deliver to Landlord on or before the Delivery Term Commencement Date, and thereafter as soon as possible at least thirty (30) days before the expiration dates of the expired policies, certified copies of Tenant’s insurance policies, or a certificate of insurance providing evidence of evidencing the insurance coverage required under this Paragraph 8. If same issued by the insurer thereunder, and, if Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at Landlord’s option and in addition to Landlord’s other remedies in the Event event of a Default default by Tenant hereunderunder the Lease, procure the same for the account of Tenant, and the cost thereof (with interest thereon at the Default Rate) shall be paid to Landlord as Additional Rent.

Appears in 1 contract

Samples: Office Lease (Avi Biopharma Inc)

General Insurance Requirements. All policies of liability insurance so obtained and maintained, including any umbrella liability insurance policies, shall (a) be carried in the name of Tenant, (b) name Landlord, any Security Holder and Landlord’s designated agents as additional insureds, pursuant to an endorsement providing coverage at least as broad as ISO form CG 2010 11/85 or equivalent (which shall permit any such additional insureds to recover attorneys’ fees and costs as the prevailing party in any dispute with the insurer), (c) be the primary insurance providing coverage for Landlord (any other liability insurance maintained by Landlord to be excess and non-contributing), (d) contain a cross-liability endorsement stating that the rights of insureds shall not be prejudiced by one insured making a claim or commencing an action against another insured, (e) include severability of interest clauses, products-completed operations and coverage of independent contractors, and (f) include breach of conditions coverage in favor of Landlord and the other additional insureds. The insurance requirements coverages described in this Paragraph 8 shall not in any way limit, in either scope or amount, the indemnity obligations separately owed by Tenant to Landlord under this Lease, or the liability of Tenant for nonperformance of its obligations or for loss or damage for which Tenant is responsible hereunder. No endorsement limiting or excluding a required coverage is permitted. Duly executed certificates of insurance of such insurance policies required to be carried by Tenant EXHIBIT D shall be delivered endorsed to (i) provide Landlord prior to the date that Tenant occupies the Premises for any reason, and evidence of renewals of such policies shall be delivered to Landlord as soon as possible prior to the expiration of each respective policy term. All Tenant’s insurance shall provide that the insurer agrees not to cancel the policy without at least with thirty (30) days’ prior written notice to Tenant (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall give Tenant at least ten (10) days’ prior notice). Tenant shall notify Landlord within ten (10) days following receipt of any such ' notice of cancellation or any material modification change in terms; (ii) waive all rights of any policy of subrogation by the insurance applicable to the Premises required under this Paragraphcarrier against Landlord; and (iii) be primary and non-contributing with Landlord's insurance. If at any time during the Term (i) the amount or coverage of insurance which Tenant is required to carry under Paragraph 8.2 this EXHIBIT D is, in Landlord’s 's reasonable judgment, materially less than the amount or type of insurance coverage typically carried by owners or tenants leasing space of properties located in Comparable Buildings the general area in which the Premises are located which are similar to and operated for similar purposes as the Premises or (b) if Tenant’s 's use of the Premises should change with or without Landlord’s 's consent, Landlord shall have the right to require Tenant to increase the amount or change the types of insurance coverage required under Paragraph 8.2, provided that any increase of insurance required pursuant to clause (i) shall be uniformly imposed by Landlord on all office tenants within the Building. this EXHIBIT D. All insurance policies required to be carried by Tenant under this Lease shall be written by companies rated A- VII AVII or better in "Best’s 's Insurance Guide Guide" and authorized to do business in the state in which the Building is locatedState of California. Payment of any deductibles Deductible amounts under all insurance policies required to be carried by Tenant under this Lease shall be the sole responsibility of Tenantnot exceed $10,000 per occurrence. Tenant shall deliver to Landlord on or before the Delivery Term Commencement Date, and thereafter as soon as possible at least thirty (30) days before the expiration dates of the expired policies, certified copies of Tenant's insurance policies, or a certificate of insurance providing evidence of evidencing the insurance coverage required under this Paragraph 8. If same issued by the insurer thereunder, and, if Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at Landlord’s 's option and in addition to Landlord’s 's other remedies in the Event event of a Default default by Tenant hereunderunder the Lease, procure the same for the account of Tenant, and the cost thereof (with interest thereon at the Default Rate) shall be paid to Landlord as Additional Rent.. EXHIBIT E

Appears in 1 contract

Samples: Industrial Lease (Sitesmith Inc)

General Insurance Requirements. All policies of During the Term hereof, Tenant shall, at its own cost and expense, carry with companies satisfactory to Landlord, comprehensive public liability insurance so obtained and maintained, including any umbrella liability insurance policies, shall (a) be carried in the name of Tenant, (b) name Landlord, any Security Holder and Landlord’s designated agents as additional insureds, pursuant to an endorsement providing coverage at least as broad as ISO form CG 2010 11/85 or equivalent (which shall permit any such additional insureds to recover attorneys’ fees and costs as the prevailing party in any dispute with the insurer), (c) be the primary insurance providing coverage for Landlord (any other liability insurance maintained by Landlord to be excess and non-contributing), (d) contain a cross-liability endorsement stating that the rights of insureds shall not be prejudiced by one insured making a claim or commencing an action against another insured, (e) include severability of interest clauses, products-completed operations and coverage of independent contractors, and (f) include breach of conditions coverage in favor Joint names of Landlord and Tenant covering the Premises and the use and occupancy thereof in such amount or amounts as may be reasonably required y Landlord from time to time but in no event less than One Million Dollars ($1,000,000.00) combined single limit for any one occurrence. Tenant shall also keep in force at its own cost and expense as set forth herein, fire, extended coverage, sprinkler and water damage insurance on Tenant’s personal property and other additional insureds. The insurance requirements in this Paragraph 8 shall contents of the Premises, including, but not in any way limitlimited to betterments and improvements made by Tenant, Tenant's inventory, trade fixtures, furnishings and other personal property whether or not removable by Tenant, in either scope an amount sufficient to cover the full replacement cost of such property. Tenant hereby waives any claim or amount, the indemnity obligations separately owed by Tenant to right of action which it may have against Landlord under this Lease, or the liability of Tenant for nonperformance of its obligations or for loss or damage for which Tenant is responsible hereunder. No endorsement limiting or excluding covered by any insurance required to be maintained by it pursuant t the terms of this Lease and covenants and agrees that it will obtain a required coverage is permitted. Duly executed certificates of insurance waiver in writing from the carrier of such insurance policies required to be carried by releasing such carrier’s subrogation rights as against Landlord. In addition, Tenant shall be delivered to Landlord prior keep in force xxxxxxx’x compensation or similar insurance to the date that Tenant occupies the Premises for any reason, and evidence of renewals of such policies shall be delivered to Landlord as soon as possible prior to the expiration of each respective policy term. All Tenant’s insurance shall provide that the insurer agrees not to cancel the policy without at least thirty (30) days’ prior written notice to Tenant (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall give Tenant at least ten (10) days’ prior notice)extent required by law. Tenant shall notify deliver said policies or certificates thereof to Landlord before entering the Premises or within ten (10) days following receipt of the Commencement Date, whichever shall occur first and thereafter thirty (30) days prior to the expiration of any such notice of cancellation or any material modification of any existing policy of insurance applicable insurance. Should Tenant fail to the Premises required under this Paragraph. If at any time during the Term (i) the amount obtain or coverage of insurance which Tenant is required to carry under Paragraph 8.2 is, maintain in Landlord’s reasonable judgment, materially less than the amount or type of insurance coverage typically carried by tenants leasing space in Comparable Buildings which are similar to and operated for similar purposes as the Premises or (b) Tenant’s use of the Premises should change with or without Landlord’s consent, Landlord shall have the right to require Tenant to increase the amount or change the types of insurance coverage required under Paragraph 8.2, provided that any increase of insurance required pursuant to clause (i) shall be uniformly imposed by Landlord on all office tenants within the Building. All insurance policies required to be carried by Tenant under this Lease shall be written by companies rated A- VII or better in Best’s Insurance Guide and authorized to do business in the state in which the Building is located. Payment of any deductibles shall be the sole responsibility of Tenant. Tenant shall deliver to Landlord on or before the Delivery Date, and thereafter as soon as possible before the expiration dates of the expired policies, a certificate of insurance providing evidence of effect the insurance coverage required under this Paragraph 8. If Tenant shall fail called for herein or to procure such insurance, pay the premiums therefore or to deliver said policies, certificates or duplicates thereof to Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or damage incurred by Landlord arising out of such policies or certificatesfailure and Landlord, Landlord may, at Landlord’s option its election and in addition to any other remedy available to Landlord’s other remedies in the Event of a Default by Tenant hereunder, procure said insurance and pay the same for requisite premiums therefore, in which event, Tenant shall pay to Landlord on demand as Additional Rent all sums so expended by Landlord. Tenant shall cause each Insurer under the account of Tenant, and policies required hereunder to agree by endorsement on the cost thereof policy issued by it or by independent instrument furnished to Landlord that it will give Landlord fifteen (15) days prior written notice before the policy or policies in question shall be paid to Landlord as Additional Rentaltered or canceled.

Appears in 1 contract

Samples: Lease Agreement (Homeland Integrated Security Systems, Inc.)

General Insurance Requirements. All policies of liability insurance so obtained and maintained, including any umbrella liability insurance policies, shall (a) be carried in the name of Tenant, (b) name Landlord, any Security Holder and Landlord’s designated agents as additional insureds, pursuant to an endorsement providing coverage at least as broad as ISO form CG 2010 11/85 or equivalent (which shall permit any such additional insureds to recover attorneys’ fees and costs as the prevailing party in any dispute with the insurer), (c) be the primary insurance providing coverage for Landlord (any other liability insurance maintained by Landlord to be excess and non-contributing), (d) contain a cross-liability endorsement stating that the rights of insureds shall not be prejudiced by one insured making a claim or commencing an action against another insured, (e) include severability of interest clauses, products-completed operations and coverage of independent contractors, and (f) include breach of conditions coverage in favor of Landlord and the other additional insureds. The insurance requirements coverages described in this Paragraph 8 shall not in any way limit, in either scope or amount, the indemnity obligations separately owed by Tenant to Landlord under this Lease, or the liability of Tenant for nonperformance of its obligations or for loss or damage for which Tenant is responsible hereunder. No endorsement limiting or excluding a required coverage is permitted. Duly executed certificates of insurance of such insurance policies required to be carried by Tenant 8.B. shall be delivered endorsed to provide Landlord prior to the date that Tenant occupies the Premises for any reason, and evidence of renewals of such policies shall be delivered to Landlord as soon as possible prior to the expiration of each respective policy term. All Tenant’s insurance shall provide that the insurer agrees not to cancel the policy without at least with thirty (30) days’ prior written notice to Tenant (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall give Tenant at least ten (10) days’ prior notice). Tenant shall notify Landlord within ten (10) days following receipt of any such ' notice of cancellation or any material modification of any policy of insurance applicable to the Premises required under this Paragraphchange in terms. If at any time during the Term (i) the amount or coverage of insurance which Tenant is required to carry under this Paragraph 8.2 8.B. is, in Landlord’s 's reasonable judgment, materially less than the amount or type of insurance coverage typically carried by owners or tenants leasing space of properties located in Comparable Buildings the general area in which the Premises are located which are similar to and operated for similar purposes as the Premises or (b) Tenant’s use of the Premises should change with or without Landlord’s consentPremises, Landlord shall have the right to require Tenant to increase the amount or change the types of insurance coverage required under this Paragraph 8.2, provided that any increase of insurance required pursuant to clause (i) shall be uniformly imposed by Landlord on all office tenants within the Building. 8.B. All insurance policies required to be carried by Tenant under this Lease shall be written by companies rated A- VII A or better in "Best’s 's Insurance Guide Guide" and authorized to do business in the state in which the Building is locatedCalifornia. Payment of Any deductible amounts under any deductibles insurance policies required hereunder shall be the sole responsibility of Tenantsubject to Landlord's prior written approval. In any event deductible amounts shall not exceed one thousand dollars ($1,000.00). Tenant shall deliver to Landlord on or before the Delivery Term Commencement Date, and thereafter as soon as possible at least thirty (30) days before the expiration dates of the expired expiring policies, certified copies of Tenant's insurance policies, or a certificate of insurance providing evidence of evidencing the insurance coverage required under this Paragraph 8. If same issued by the insurer thereunder, showing that all premiums have been paid for the full policy period; and, in the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at Landlord’s 's option and in addition to Landlord’s 's other remedies in the Event xhe event of a Default by Tenant hereunder, procure the same for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent.

Appears in 1 contract

Samples: Cellegy Pharmaceuticals Inc

General Insurance Requirements. All policies of liability insurance so obtained and maintained, including any umbrella liability insurance policies, shall (a) be carried in the name of Tenant, (b) name Landlord, any Security Holder and Landlord’s designated agents as additional insureds, pursuant to an endorsement providing coverage at least as broad as ISO form CG 2010 11/85 or equivalent (which shall permit any such additional insureds to recover attorneys’ fees and costs as the prevailing party in any dispute with the insurer), (c) be the primary insurance providing coverage for Landlord (any other liability insurance maintained by Landlord to be excess and non-contributing), (d) contain a cross-liability endorsement stating that the rights of insureds shall not be prejudiced by one insured making a claim or commencing an action against another insured, (e) include severability of interest clauses, products-completed operations and coverage of independent contractors, and (f) include breach of conditions coverage in favor of Landlord and the other additional insureds. The insurance requirements coverages described in this Paragraph 8 Section shall not in any way limit, in either scope or amount, the indemnity obligations separately owed by Tenant to Landlord under this Lease, or the liability of Tenant for nonperformance of its obligations or for loss or damage for which Tenant is responsible hereunder. No endorsement limiting or excluding a required coverage is permitted. Duly executed certificates of insurance of such insurance policies required to be carried by Tenant shall be delivered to Landlord prior to the date that Tenant occupies the Premises for any reason, and evidence of renewals of such policies shall be delivered to list Landlord as soon as possible prior an additional insured and be endorsed to the expiration of each respective policy term. All Tenant’s insurance shall provide that the insurer agrees not to cancel the policy without at least Landlord with thirty (30) days’ prior written notice to Tenant (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall give Tenant at least ten (10) days’ prior notice). Tenant shall notify Landlord within ten (10) days following receipt of any such notice of cancellation or any material modification of any policy of insurance applicable to the Premises required under this Paragraphchange in terms. If at any time during the Term (i) the amount or coverage of insurance which Tenant is required to carry under Paragraph 8.2 this Section is, in Landlord’s reasonable judgment, materially less than the amount or type of insurance coverage typically carried by owners or tenants leasing space of properties located in Comparable Buildings the general area in which the Premises are located which are similar to and operated for similar purposes as the Premises or (b) Tenant’s use of the Premises should change with or without Landlord’s consentPremises, Landlord shall have the right to require Tenant to increase the amount or change the types of insurance coverage required under Paragraph 8.2, provided that any increase of insurance required pursuant to clause (i) shall be uniformly imposed by Landlord on all office tenants within the Buildingthis Section. All insurance policies required to be carried by Tenant under this Lease shall be written by companies rated A- VII A-XII or better in Best’s Insurance Guide Guide” and authorized to do business in the state in which the Building is locatedNevada. Payment of Any deductible amounts under any deductibles insurance policies required hereunder shall be the sole responsibility of Tenantsubject to Landlord’s prior written approval. In any event deductible amounts shall not exceed One Thousand Dollars ($1,000.00). Tenant shall deliver to Landlord on or before the Delivery Commencement Date, and thereafter as soon as possible at least thirty (30) days before the expiration dates of the expired expiring policies, certified copies of Tenant’s insurance policies, or a certificate of insurance providing evidence of evidencing the insurance coverage required under this Paragraph 8. If same issued by the insurer thereunder, showing that all premiums have been paid for the full policy period; and, in the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at Landlord’s option and in addition to Landlord’s other remedies in the Event event of a Default default by Tenant hereunder, procure the same for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent.

Appears in 1 contract

Samples: Lease (1847 Holdings LLC)

General Insurance Requirements. All policies of liability insurance so obtained and maintained, including any umbrella liability insurance policies, shall (a) be carried in the name of Tenant, (b) name Landlord, any Security Holder and Landlord’s designated agents as additional insureds, pursuant to an endorsement providing coverage at least as broad as ISO form CG 2010 11/85 or equivalent (which shall permit any such additional insureds to recover attorneys’ fees and costs as the prevailing party in any dispute with the insurer), (c) be the primary insurance providing coverage for Landlord (any other liability insurance maintained by Landlord to be excess and non-contributing), (d) contain a cross-liability endorsement stating that the rights of insureds shall not be prejudiced by one insured making a claim or commencing an action against another insured, (e) include severability of interest clauses, products-completed operations and coverage of independent contractors, and (f) include breach of conditions coverage in favor of Landlord and the other additional insureds. The insurance requirements coverages described in this Paragraph 8 shall not in any way limit, in either scope or amount, the indemnity obligations separately owed by Tenant to Landlord under this Lease, or the liability of Tenant for nonperformance of its obligations or for loss or damage for which Tenant is responsible hereunder. No endorsement limiting or excluding a required coverage is permitted. Duly executed certificates of insurance of such insurance policies required to be carried by Tenant 8.B. shall be delivered endorsed to (i) provide Landlord prior to the date that Tenant occupies the Premises for any reason, and evidence of renewals of such policies shall be delivered to Landlord as soon as possible prior to the expiration of each respective policy term. All Tenant’s insurance shall provide that the insurer agrees not to cancel the policy without at least with thirty (30) days’ prior written notice to Tenant (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall give Tenant at least ten (10) days’ prior notice). Tenant shall notify Landlord within ten (10) days following receipt of any such ' notice of cancellation or any material modification change in terms; and (ii) waive all rights of any policy of subrogation by the insurance applicable to the Premises required under this Paragraphcarrier against Landlord. If at any time during the Term (i) the amount or coverage of insurance which Tenant is required to carry under this Paragraph 8.2 8.B. is, in Landlord’s 's reasonable judgment, materially less than the amount or type of insurance coverage typically carried by owners or tenants leasing space of properties located in Comparable Buildings the general area in which the Premises are located which are similar to and operated for similar purposes as the Premises or (b) if Tenant’s 's use of the Premises should change with or without Landlord’s 's consent, Landlord shall have the right to require Tenant to increase the amount or change the types of insurance coverage required under this Paragraph 8.2, provided that any increase of insurance required pursuant to clause (i) shall be uniformly imposed by Landlord on all office tenants within the Building. 8.B. All insurance policies required to be carried by Tenant under this Lease shall be written by companies rated A- VII A VIII or better in "Best’s 's Insurance Guide Guide" and authorized to do business in the state in which the Building is locatedState of California. Payment of In any deductibles event deductible amounts shall be the sole responsibility of Tenantnot exceed Five Thousand Dollars ($5,000.00). Tenant shall deliver to Landlord on or before the Delivery Term Commencement Date, and thereafter as soon as possible at least thirty (30) days before the expiration dates of the expired Policies, certified copies of Tenant's insurance policies, or a certificate of insurance providing evidence of evidencing the insurance coverage required under this Paragraph 8. If same issued by the insurer thereunder; and, in the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at Landlord’s 's option and in addition to Landlord’s 's other remedies in the Event event of a Default default by Tenant hereunder, procure the same for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent.

Appears in 1 contract

Samples: Penederm Inc

General Insurance Requirements. All policies of liability insurance so obtained and maintained, including any umbrella liability insurance policies, coverages described in this section shall (a1) include Landlord, Landlord's property manager, and the members, managers, partners, trustees, officers, directors, shareholders, parents affiliates and subsidiaries of Landlord, its representatives, assigns, licensees, beneficiaries, agents and employees (the "Landlord Entities") as additional insured on the commercial general liability policy and as additional insured/loss payee on the property insurance policy with respect to Landlord's interest in improvements and alterations; (2) be carried issued by an insurance company rated A-VII or better in "Best's Insurance Guide" and authorized to do business in the name State of Tenant, Washington; (b) name Landlord, any Security Holder and Landlord’s designated agents as additional insureds, pursuant to an endorsement providing coverage at least as broad as ISO form CG 2010 11/85 or equivalent (which shall permit any such additional insureds to recover attorneys’ fees and costs as the prevailing party in any dispute with the insurer), (c3) be the primary and provide that any insurance providing coverage for Landlord (any other liability insurance maintained by Landlord to shall be considered excess and non-contributingcontributing to the policies required by this section; (4) endeavor to provide Landlord with forty-five (45) days' notice of cancellation (ten (10) days for cancellation due to non-payment of premium); and (5) to the extent permitted by law, (d) contain a cross-liability endorsement stating that the waive all rights of insureds shall not be prejudiced subrogation by one insured making a claim or commencing an action the insurance carrier against another insured, (e) include severability of interest clauses, products-completed operations and coverage of independent contractors, and (f) include breach of conditions coverage in favor of Landlord and the other additional insuredsLandlord. The insurance requirements in this Paragraph 8 shall not in any way limit, in either scope or amount, the indemnity obligations separately owed by Tenant to Landlord under this Lease, or the liability of Tenant certificates for nonperformance of its obligations or for loss or damage for which Tenant is responsible hereunder. No endorsement limiting or excluding a required coverage is permitted. Duly executed certificates of insurance of such insurance policies required to be carried by Tenant shall be delivered to Landlord prior to the date that Tenant occupies the Premises for any reason, and evidence of renewals of such policies shall be delivered to Landlord as soon as possible prior by Tenant upon the earlier of (x) Tenant's possession of the Premises, or (y) the Commencement Date of this Lease, and upon each renewal of such insurance throughout the term of this Lease. The coverage afforded to the expiration of each respective policy term. All Tenant’s insurance shall provide that the insurer agrees not to cancel the policy without Landlord must be at least thirty (30) days’ prior written notice as broad as that afforded to Tenant (except in the event of a cancellation as a result of nonpaymentand may not contain any terms, in which event the insurer shall give Tenant at least ten (10) days’ prior notice). Tenant shall notify Landlord within ten (10) days following receipt of any such notice of cancellation conditions, exclusions or any material modification of any policy of insurance limitations applicable to the Premises required under this ParagraphLandlord that do not apply to Tenant. If at any time during the Term (i) the amount or coverage of insurance which Tenant is required to carry under Paragraph 8.2 this section is, in Landlord’s 's reasonable judgment, materially less than the amount or type of insurance coverage typically carried by tenants leasing space Tenants of properties located in Comparable Buildings the general area in which are similar to and operated for similar purposes as the Premises are located, or (b) if Tenant’s 's use of the Premises should change changes with or without Landlord’s 's consent, Landlord shall have the right to require Tenant to increase the amount or change the types of insurance coverage required under Paragraph 8.2, provided that any increase of insurance required pursuant to clause (i) shall be uniformly imposed by Landlord on all office tenants within the Building. All insurance policies required to be carried by Tenant under this Lease shall be written by companies rated A- VII or better in Best’s Insurance Guide and authorized to do business in the state in which the Building is located. Payment of any deductibles shall be the sole responsibility of Tenant. Tenant shall deliver to Landlord on or before the Delivery Date, and thereafter as soon as possible before the expiration dates of the expired policies, a certificate of insurance providing evidence of the insurance coverage required under this Paragraph 8section. If Tenant shall fail fails to procure such insurance, or to deliver such policies or certificates, Landlord may, after written notice to Tenant and expiration of a thirty (30) day cure period, at Landlord’s 's option and in addition to Landlord’s 's other remedies in the Event event of a Default default by Tenant hereunder, procure the same and maintain insurance for the account of Tenant, such items and the cost thereof interests to protect Landlord in such amounts as Landlord may determine to be appropriate and any and all premiums paid or payable by Landlord therefore shall be paid deemed to Landlord as Additional Rentbe additional rent and shall be due on the payment date of the next installment of Rent hereunder.

Appears in 1 contract

Samples: Work Letter Agreement (Trupanion Inc.)

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