Common use of Insurance Provisions Clause in Contracts

Insurance Provisions. All insurance policies shall: (i) provide (A) for a waiver of subrogation by the insurer as to claims against Lessor, its employees and agents; (B) that the insurer shall not deny a claim and that such insurance cannot be unreasonably cancelled, invalidated or suspended on account of the conduct of Lessee, its officers, directors, employees or agents, or anyone acting for Lessee or any subtenant or other occupant of the Properties; and (C) that any losses otherwise payable thereunder shall be payable notwithstanding any act or omission of Lessor or Lessee which might, absent such provision, result in a forfeiture of all or a part of such insurance payment; (ii) be primary and provide that any “other insurance” clause in the insurance policy shall exclude any policies of insurance maintained by Lessor and the insurance policy shall not be brought into contribution with insurance maintained by Lessor; (iii) contain deductibles not to exceed $50,000 (or $100,000 with respect to flood insurance); (iv) contain a standard non-contributory mortgagee clause or endorsement in favor of any Lender designated by Lessor; (v) provide that the policy of insurance shall not be terminated, cancelled or amended in any manner that is inconsistent with the requirements of this Lease without at least thirty (30) days’ prior written notice to Lessor and to any Lender that Lessee has received written notice of that is covered by any standard mortgagee clause or endorsement; (vi) provide that the insurer shall not have the option to restore the Properties if Lessor elects to terminate this Lease in accordance with the terms hereof; (vii) be in amounts sufficient at all times to satisfy any coinsurance requirements thereof; (viii) except for workers’ compensation insurance referred to in Section 6.03(a)(iii) above, name Lessor and any Lessor Affiliate or Lender requested by Lessor, as an “additional insured” with respect to general liability insurance, as a “named insured” with respect to real property, and as a “loss payee” with respect to all real property as appropriate and as their interests may appear; (ix) be evidenced by delivery to Lessor and any Lender designated by Lessor of an ▇▇▇▇▇ Form 28 for property and boiler & machinery coverage (or any other form requested by Lessor) and an ▇▇▇▇▇ Form 25 for commercial general liability, workers’ compensation and umbrella coverage (or any other form requested by Lessor); provided that in the event that either such form is no longer available, such evidence of insurance shall be in a form reasonably satisfactory to Lessor and any Lender designated by Lessor; and (x) be issued by insurance companies licensed to do business in the states where the Properties are located and which are rated no less than A-X by Best’s Insurance Guide or are otherwise approved by Lessor.

Appears in 2 contracts

Sources: Master Lease Agreement, Master Lease Agreement (O Charleys Inc)

Insurance Provisions. All insurance policies shall: (i) provide (A) for a waiver of subrogation by the insurer as to claims against LessorLandlord, its employees and agents; (B) that the insurer shall not deny a claim and that such insurance cannot be unreasonably cancelled, invalidated or suspended on account of the conduct of LesseeTenant, its officers, directors, employees or agents, or anyone acting for Lessee Tenant or any subtenant or other occupant of the Properties; and (C) that any losses otherwise payable thereunder shall be payable notwithstanding any act or omission of Lessor Landlord or Lessee Tenant which might, absent such provision, result in a forfeiture of all or a part of such insurance payment; (ii) be primary and provide that any “other insurance” clause in the insurance policy shall exclude any policies of insurance maintained by Lessor Landlord and the insurance policy shall not be brought into contribution with insurance maintained by LessorLandlord; (iii) contain deductibles not to exceed $50,000 (or 500,000, provided, however, that if the tangible net worth of the Lease Guarantor should fall below $100,000 with respect 100,000,000, the amount of the permitted maximum deductible shall be reduced to flood insurance)$50,000; (iv) contain a standard non-contributory mortgagee clause or endorsement in favor of any Lender designated by LessorLandlord; (v) provide that the policy of insurance shall not be terminated, cancelled or amended in any manner that is inconsistent with the requirements of this Lease without at least thirty (30) days’ prior written notice to Lessor Landlord and to any Lender that Lessee Tenant has received written notice of that is covered by any standard mortgagee clause or endorsement; (vi) provide that the insurer shall not have the option to restore the Properties if Lessor Landlord elects to terminate this Lease in accordance with the terms hereof; (vii) be in amounts sufficient at all times to satisfy any coinsurance requirements thereof; (viii) except for workers’ compensation insurance referred to in Section 6.03(a)(iii) above, name Lessor Landlord and any Lessor Landlord Affiliate or Lender requested by LessorLandlord, as an “additional insured” with respect to general liability insurance, as a “named insured” with respect to real property, and as a “loss payee” with respect to all real property as appropriate and as their interests may appear; (ix) be evidenced by delivery to Lessor Landlord and any Lender designated by Lessor Landlord of an ▇▇▇▇▇ Form 28 for property and boiler & machinery coverage (or any other form requested by LessorLandlord) and an ▇▇▇▇▇ Form 25 for commercial general liability, workers’ compensation and umbrella coverage (or any other form requested by LessorLandlord); provided that in the event that either such form is no longer available, such evidence of insurance shall be in a form reasonably satisfactory to Lessor Landlord and any Lender designated by LessorLandlord; (x) contain a listing or schedule of all locations that are covered by the policy, including locations that are not Properties; and (xxi) be issued by insurance companies licensed to do business in the states where Borrower is domiciled and where the Properties are located and which are rated no less than A-X by Best’s Insurance Guide or are otherwise approved by LessorLandlord.

Appears in 2 contracts

Sources: Master Lease Agreement (Bob Evans Farms Inc), Master Lease Agreement (Bob Evans Farms Inc)

Insurance Provisions. All insurance policies shall: (i) provide (A) for a waiver of subrogation by the insurer as to claims against Lessor, its employees and agents; (B) that the insurer shall not deny a claim and that such insurance cannot be unreasonably cancelled, invalidated or suspended on account of the conduct of Lessee, its officers, directors, employees or agents, or anyone acting for Lessee or any subtenant or other occupant of the Properties; and (C) that any losses otherwise payable thereunder shall be payable notwithstanding any act or omission of Lessor or Lessee which might, absent such provision, result in a forfeiture of all or a part of such insurance payment;; 4839-9503-5138.10 Spirit/Malibu Boats Master Lease Agreement CA and TN File No. 6457/02-5000 7 (ii) be primary and provide that any “other insurance” clause in the insurance policy shall exclude any policies of insurance maintained by Lessor and the insurance policy shall not be brought into contribution with insurance maintained by Lessor; (iii) contain deductibles not to exceed $50,000 (or $100,000 with respect to 100,000.00 for all coverages, except excess flood insurance)and earthquake insurance which may have a 5% of replacement cost deductible; (iv) contain a standard non-contributory mortgagee clause or endorsement in favor of any Lender designated by Lessor; (v) provide that the policy of insurance shall not be terminated, cancelled or amended in any manner that is inconsistent with the requirements of this Lease without at least thirty (30) days’ prior written notice to Lessor and to any Lender that Lessee has received written notice of that is covered by any standard mortgagee clause or endorsement; (vi) provide that the insurer shall not have the option to restore the Properties if Lessor elects to terminate this Lease in accordance with the terms hereof; (vii) be in amounts sufficient at all times to satisfy any coinsurance requirements thereof; (viii) except for workers’ compensation insurance referred to in Section 6.03(a)(iii) above, name Lessor and any Lessor Affiliate or Lender requested by Lessor, as an “additional insured” with respect to general liability insurance, as a “named insured” with respect to real property, and as a “loss payee” with respect to all real property and rental value insurance, as appropriate and as their interests may appear; (ix) be evidenced by delivery to Lessor and any Lender designated by Lessor of an ▇▇▇▇▇ Form 28 for property and boiler & machinery coverage (or any other form requested by Lessor) and an ▇▇▇▇▇ Form 25 for commercial general liability, workers’ compensation and umbrella coverage (or any other form requested by Lessor); provided that in the event that either such form is no longer available, such evidence of insurance shall be in a similar form reasonably satisfactory to Lessor and any Lender designated by Lessor; and (x) be issued by insurance companies licensed to do business in the states where the Properties are located and which are rated no less than A-X :VIII or better by Best’s Insurance Guide or are otherwise reasonably approved by Lessor; provided, however, earthquake and excess flood insurance may be acquired from insurance carriers not admitted in the applicable state or rated A- or better by Best’s Insurance Guide.

Appears in 2 contracts

Sources: Master Lease Agreement (Malibu Boats, Inc.), Master Lease Agreement (Malibu Boats, Inc.)

Insurance Provisions. All insurance policies shall: : (i) provide (A) for a waiver of subrogation by the insurer as to claims against Lessor, its employees and agents; (B) that the insurer shall not deny a claim and that such insurance cannot be unreasonably cancelled, invalidated or suspended on account of the conduct of Lessee, its officers, directors, employees or agents, or anyone acting for Lessee or any subtenant or other occupant of the Properties; and (C) that any losses otherwise payable thereunder shall be payable notwithstanding any act or omission of Lessor or Lessee which might, absent such provision, result in a forfeiture of all or a part of such insurance payment; (ii) be primary and provide that any “other insurance” clause in the insurance policy shall exclude any policies of insurance maintained by Lessor and the insurance policy shall not be brought into contribution with insurance maintained by Lessor; ; (iii) contain deductibles not to exceed $50,000 (or 25,000, except for property insurance and workers’ compensation insurance which may have a deductible up to $100,000 with respect to flood insurance); 250,000; (iv) contain a standard non-contributory mortgagee clause or endorsement in favor of any Lender designated by Lessor; ; (v) provide that the policy of insurance shall not be terminated, cancelled or amended in any manner that is inconsistent with the requirements of this Lease without at least thirty (30) days’ prior written notice to Lessor and to any Lender that Lessee has received written notice of that is covered by any standard mortgagee clause or endorsement; ; (vi) provide that the insurer shall not have the option to restore the Properties if Lessor elects to terminate this Lease in accordance with the terms hereof; ; (vii) be in amounts sufficient at all times to satisfy any coinsurance requirements thereof; ; (viii) except for workers’ compensation insurance referred to in Section 6.03(a)(iii) above, name Lessor and any Lessor Affiliate or Lender requested by Lessor, as an “additional insured” with respect to general liability insurance, and as a an additional named insured” or “additional insured” with respect to real property, and as a “loss payee” with respect to all real property as appropriate and as their interests may appear; (ix) be evidenced by delivery to Lessor and any Lender designated by Lessor of an ▇▇▇▇▇ Form 28 for property and boiler & machinery coverage (or any other form requested by Lessor) and an ▇▇▇▇▇ Form 25 for commercial general liability, workers’ compensation and umbrella coverage (or any other form requested by Lessor); provided that in the event that either such form is no longer available, such evidence of insurance shall be in a form reasonably satisfactory to Lessor and any Lender designated by Lessor; and (x) be issued by insurance companies licensed to do business in the states where the Properties are located and which are rated no less than A-X by Best’s Insurance Guide or are otherwise approved by Lessor.real

Appears in 2 contracts

Sources: Master Lease Agreement (Ascent Industries Co.), Master Lease Agreement (Ascent Industries Co.)

Insurance Provisions. All insurance policies shall:: 4849-3174-9992.2 STORE/Synalloy A&R Master Lease Agreement 7 Properties in OH, PA, SC, TN and TX File No. 7210/02-475 (i) provide (A) for a waiver of subrogation by the insurer as to claims against Lessor, its employees and agents; (B) that the insurer shall not deny a claim and that such insurance cannot be unreasonably cancelled, invalidated or suspended on account of the conduct of Lessee, its officers, directors, employees or agents, or anyone acting for Lessee or any subtenant or other occupant of the Properties; and (C) that any losses otherwise payable thereunder shall be payable notwithstanding any act or omission of Lessor or Lessee which might, absent such provision, result in a forfeiture of all or a part of such insurance payment; (ii) be primary and provide that any “other insurance” clause in the insurance policy shall exclude any policies of insurance maintained by Lessor and the insurance policy shall not be brought into contribution with insurance maintained by Lessor; (iii) contain deductibles not to exceed $50,000 (or 25,000, except for property insurance and workers’ compensation insurance which may have a deductible up to $100,000 with respect to flood insurance)250,000; (iv) contain a standard non-contributory non‑contributory mortgagee clause or endorsement in favor of any Lender designated by Lessor; (v) provide that the policy of insurance shall not be terminated, cancelled or amended in any manner that is inconsistent with the requirements of this Lease without at least thirty (30) days’ prior written notice to Lessor and to any Lender that Lessee has received written notice of that is covered by any standard mortgagee clause or endorsement; (vi) provide that the insurer shall not have the option to restore the Properties if Lessor elects to terminate this Lease in accordance with the terms hereof; (vii) be in amounts sufficient at all times to satisfy any coinsurance requirements thereof; (viii) except for workers’ compensation insurance referred to in Section 6.03(a)(iii) above, name Lessor and any Lessor Affiliate or Lender requested by Lessor, as an “additional insured” with respect to general liability insurance, and as a an additional named insured” or “additional insured” with respect to real propertyproperty and rental value insurance, and as a “loss payee” with respect to all real property as appropriate and as their interests may appear; (ix) be evidenced by delivery to Lessor and any Lender designated by Lessor of an ▇▇▇▇▇ Form 28 for property property, business interruption and boiler & machinery coverage (or any other form requested by Lessor) and an ▇▇▇▇▇ Form 25 for commercial general liability, workers’ compensation and umbrella coverage (or any other form requested by Lessor); provided that in the event that either such form is no longer available, such evidence of insurance shall be in a form reasonably satisfactory to Lessor and any Lender designated by Lessor; and (x) be issued by insurance companies licensed to do business in the states where the Properties are located and which are rated no less than A-X by Best’s Insurance Guide or are otherwise approved by Lessor.

Appears in 2 contracts

Sources: Master Lease Agreement (Synalloy Corp), Master Lease Agreement (Synalloy Corp)

Insurance Provisions. All insurance policies shall: (i) provide (A) for a waiver of subrogation by the insurer as to claims against Lessor, its employees and agents; (B) that the insurer shall not deny a claim and that such insurance cannot be unreasonably cancelled, invalidated or suspended on account of the conduct of Lessee, its officers, directors, employees or agents, or anyone acting for Lessee or any subtenant or other occupant of the Properties; and (C) that any losses otherwise payable thereunder shall be payable notwithstanding any act or omission of Lessor or Lessee which might, absent such provision, result in a forfeiture of all or a part of such insurance payment; (ii) be primary and provide that any “other insurance” clause in the insurance policy shall exclude any policies of insurance maintained by Lessor and the insurance policy shall not be brought into contribution with insurance maintained by Lessor; (iii) contain deductibles not to exceed $50,000 (or $100,000 with respect to flood insurance); (iv) contain a standard non-contributory mortgagee clause or endorsement in favor of any Lender designated by Lessor; (viv) provide that the policy of insurance shall not be terminated, cancelled or amended in any manner that is inconsistent with the requirements of this Lease without at least thirty (30) days’ prior written notice to Lessor and to any Lender that Lessee has received written notice of that is covered by any standard mortgagee clause or endorsement; (viv) provide that the insurer shall not have the option to restore the Properties Property if Lessor elects to terminate this Lease in accordance with the terms hereof; (viivi) be in amounts sufficient at all times to satisfy any coinsurance requirements thereof; (viiivii) except for workers’ compensation insurance referred to in Section 6.03(a)(iii) above, name Lessor and any Lessor Affiliate or Lender requested by Lessor, as an “additional insured” with respect to general liability insurance and real property insurance, as a “named insured” with respect to real property, and as a “loss payee” with respect to all real property and rental value insurance, as appropriate and as their interests may appear; (ixviii) be evidenced by delivery to Lessor and any Lender designated by Lessor of an ▇▇▇▇▇ Form 28 for property and boiler & machinery coverage (or any other form requested by Lessorcommercially recognized form) and an ▇▇▇▇▇ Form 25 for commercial general liability, workers’ compensation and umbrella coverage (or any other form requested by Lessorcommercially recognized form); provided that in the event that either such form is no longer available, such evidence of insurance shall be in a form reasonably satisfactory to Lessor and any Lender designated by Lessor; and (xix) be issued by insurance companies licensed to do business in the states where the Properties Property are located and which are rated no less than A-X VIII by Best’s Insurance Guide or are otherwise approved by Lessor.

Appears in 2 contracts

Sources: Lease Agreement (Four Corners Property Trust, Inc.), Lease Agreement (Four Corners Property Trust, Inc.)

Insurance Provisions. All insurance policies shall: (i) provide (A) for a waiver of subrogation by the insurer as to claims against Lessor, its employees and agents; (B) that the insurer shall not deny a claim and that such insurance cannot be unreasonably cancelled, invalidated or suspended on account of the conduct of Lessee, its officers, directors, employees or agents, or anyone acting for Lessee or any subtenant or other occupant of the Properties; and (C) that any losses otherwise payable thereunder shall be payable notwithstanding any act or omission of Lessor or Lessee which might, absent such provision, result in a forfeiture of all or a part of such insurance payment; (ii) be primary and provide that any “other insurance” clause in the insurance policy shall exclude any policies of insurance maintained by Lessor and the insurance policy shall not be brought into contribution with insurance maintained by Lessor; (iii) contain deductibles not to exceed $50,000 (or $100,000 with respect to flood insurance)25,000.00; (iv) contain a standard non-contributory mortgagee clause or endorsement in favor of any Lender designated by Lessor; (v) provide that the policy of insurance shall not be terminated, cancelled or amended in any manner that is inconsistent with the requirements of this Lease without at least thirty (30) days’ prior written notice to Lessor and to any Lender that Lessee has received written notice of that is covered by any standard mortgagee clause or endorsementendorsement deleting “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives” language; (vi) provide that the insurer shall not have the option to restore the Properties if Lessor elects to terminate this Lease in accordance with the terms hereof; (vii) be in amounts sufficient at all times to satisfy any coinsurance requirements thereof; (viii) except for workers’ compensation insurance referred to in Section 6.03(a)(iii) above, name Lessor and any Lessor Affiliate or Lender requested by Lessor, as an “additional insured” with respect to general liability insurance, as a “named insured” with respect to real property, and as a “loss payee” with respect to all real property property, and rental value insurance, as appropriate and as their interests may appear; (ix) be evidenced by delivery to Lessor and any Lender designated by Lessor of an ▇▇▇▇▇ Form 28 for property property, rental value and boiler & machinery coverage (or any other form requested by Lessor) and an ▇▇▇▇▇ Form 25 for commercial general liability, workers’ compensation and umbrella coverage (or any other form requested by Lessor); provided that in the event that either such form is no longer available, such evidence of insurance shall be in a form reasonably satisfactory to Lessor and any Lender designated by Lessor; and (x) be issued by insurance companies licensed to do business in the states where the Properties are located and which are rated no less than A-X :X or better by Best’s Insurance h1surance Guide or are otherwise approved by Lessor. (xi) be issued without a Protective Safeguard Endorsement or Warranties.

Appears in 1 contract

Sources: Master Lease Agreement (21st Century Oncology Holdings, Inc.)

Insurance Provisions. All insurance policies shall: (i) provide (A) for a waiver of subrogation by the insurer as to claims against Lessor, its employees and agents; (B) that the insurer shall not deny a claim and that such insurance cannot be unreasonably cancelled, invalidated or suspended on account of the conduct of Lessee, its officers, directors, employees or agents, or anyone acting for Lessee or any subtenant or other occupant of the PropertiesProperty; and (C) that any losses otherwise payable thereunder shall be payable notwithstanding any act or omission of Lessor or Lessee which might, absent such provision, result in a forfeiture of all or a part of such insurance payment; (ii) be primary and provide that any “other insurance” clause in the insurance policy shall exclude any policies of insurance maintained by Lessor and the insurance policy shall not be brought into contribution with insurance maintained by Lessor; (iii) contain deductibles not to exceed $50,000 (or $100,000 50,000.00; provided, however the deductible with respect to flood insurance)any claim based upon a named storm shall not exceed $100,000.00; (iv) contain a standard non-contributory mortgagee clause or endorsement in favor of any Lender designated by Lessor; (v) provide that the policy of insurance shall not be terminated, cancelled or amended in any manner that is inconsistent with the requirements of this Lease without at least thirty (30) days’ prior written notice to Lessor and to any Lender that Lessee has received written notice of that is covered by any standard mortgagee clause or endorsement; (vi) provide that the insurer shall not have the option to restore the Properties Property if Lessor elects to terminate this Lease in accordance with the terms hereof; (vii) be in amounts sufficient at all times to satisfy any coinsurance requirements thereof; (viii) except for workers’ compensation insurance referred to in Section 6.03(a)(iii) above, name Lessor and any Lessor Affiliate or Lender requested by Lessor, as an “additional insured” with respect to general liability insurance and business interruption insurance, as a “named insured” with respect to real property, and as a “loss payee” with respect to all real property insurance, as appropriate and as their interests may appear; (ix) be evidenced by delivery to Lessor and any Lender designated by Lessor of an ▇▇▇▇▇ Form 28 for property property, business interruption and boiler & machinery coverage (or any other commercially reasonably form requested by Lessor) and an ▇▇▇▇▇ Form 25 for commercial general liability, workers’ compensation and umbrella coverage (or any other commercially reasonably form requested by Lessor); provided that in the event that either such form is no longer available, such evidence of insurance shall be in a form reasonably satisfactory to Lessor and any Lender designated by Lessor; and (x) be issued by insurance companies licensed to do business in the states state where the Properties are Property is located and which are rated no less than A-X by Best’s Insurance Guide or are otherwise approved by Lessor.

Appears in 1 contract

Sources: Lease Agreement (API Technologies Corp.)

Insurance Provisions. All insurance policies shall: (i) provide (A) for a waiver of subrogation by the insurer as to claims against Lessor, its employees and agents; (B) that the insurer shall not deny a claim and that such insurance cannot be unreasonably cancelled, invalidated or suspended on account of the conduct of Lessee, its officers, directors, employees or agents, or anyone acting for Lessee or any subtenant or other occupant of the Properties; and (C) that any losses otherwise payable thereunder shall be payable notwithstanding any act or omission of Lessor or Lessee which might, absent such provision, result in a forfeiture of all or a part of such insurance payment; (ii) be primary and provide that any “other insurance” clause in the insurance policy shall exclude any policies of insurance maintained by Lessor and the insurance policy shall not be brought into contribution with insurance maintained by Lessor; (iii) contain deductibles not to exceed $50,000 (or $100,000 with respect to flood insurance)100,000; (iv) contain a standard non-contributory non‑contributory mortgagee clause or endorsement in favor of any Lender designated by Lessor; (v) provide that the policy of insurance shall not be terminated, cancelled or materially amended (such that the policy is no longer in any manner that is inconsistent compliance with the requirements of this Lease Lease) without at least thirty (30) days’ prior written notice from Lessee to Lessor and to any Lender that Lessee has received written notice of that is covered by any standard mortgagee clause or endorsement; (vi) provide that the insurer shall not have the option to restore the Properties Property if Lessor elects to terminate this Lease in accordance with the terms hereof; (vii) be in amounts sufficient at all times to satisfy any coinsurance requirements thereof; (viii) except for workers’ compensation insurance referred to in Section 6.03(a)(iii) above and automobile liability insurance referred to in Section 6.03(a)(v) above, name Lessor and any Lessor Affiliate or Lender requested by Lessor, as an “additional insured” with respect to general liability insurance, and as a an additional named insured” or “additional insured” with respect to real propertyproperty and rental value insurance, and as a “loss payee” with respect to all real property as appropriate and as their interests may appear; (ix) be evidenced by delivery to Lessor and any Lender designated by Lessor of an ▇▇▇▇▇ Form 28 for property property, business interruption and boiler & machinery coverage (or any other form requested by Lessor) and an ▇▇▇▇▇ Form 25 for commercial general liability, workers’ compensation and umbrella coverage (or any other form requested by Lessor); provided that in the event that either such form is no longer available, such evidence of insurance shall be in a form reasonably satisfactory to Lessor and any Lender designated by Lessor; and (x) be issued by insurance companies licensed to do business in the states where the Properties are Property is located and which are rated no less than A-X by Best’s Insurance Guide or are otherwise approved by Lessor. 4837-1132-0135.14 STORE / RT Logic (Kratos) Lease Agreement (New Building Area) File No.: 7210/02-525.1

Appears in 1 contract

Sources: Lease Agreement (Kratos Defense & Security Solutions, Inc.)

Insurance Provisions. All insurance policies shall: (i) provide (A) for a waiver of subrogation by the insurer as to claims against Lessor, its employees and agents; (B) that the insurer shall not deny a claim and that such insurance cannot be unreasonably cancelled, invalidated or suspended on account of the conduct of Lessee, its officers, directors, employees or agents, or anyone acting for Lessee or any subtenant or other occupant of the Properties; and (C) that any losses otherwise payable thereunder shall be payable notwithstanding any act or omission of Lessor or Lessee which might, absent such provision, result in a forfeiture of all or a part of such insurance payment; (ii) be primary and provide that any “other insurance” clause in the insurance policy shall exclude any policies of insurance maintained by Lessor and the insurance policy shall not be brought into contribution with insurance maintained by Lessor;; provided, however, that the foregoing requirement shall only apply to Lessee’s property, commercial general liability insurance, automobile liability insurance, and umbrella liability policies; 4851-8930-3408.5 STORE / Ampco Master Lease Agreement 4 Properties in PA and IN File No.: 7210/02-637 (iii) contain deductibles not to exceed $50,000 25,000 for all coverages except the deductible for (A) “all risk” policies shall not exceed $100,000, (B) named storm coverage shall not exceed the greater of five percent (5%) of the insured value or $100,000 with respect to flood insurance)250,000, (C) earthquake coverage shall not exceed the greater of two percent (2%) of the insured value or $250,000, and (D) commercial general liability shall not exceed $150,000; (iv) contain a standard non-contributory non‑contributory mortgagee clause or endorsement in favor of any Lender designated by Lessor; (v) provide that the policy of insurance shall not be terminated, terminated or cancelled or amended in any manner that is inconsistent with the requirements of this Lease without at least thirty (30) days’ prior written notice to Lessor and to any Lender that Lessee has received written notice of that is covered by any standard mortgagee clause or endorsement; (vi) provide that the insurer shall not have the option to restore the Properties if Lessor elects to terminate this Lease in accordance with the terms hereofintentionally deleted; (vii) be in amounts sufficient at all times to satisfy any coinsurance requirements thereof; (viii) except for workers’ compensation insurance referred to in Section 6.03(a)(iii) above, name Lessor and any Lessor Affiliate or Lender requested by Lessor, as an “additional insured” with respect to general liability insurance, and as a an additional named insured” or “additional insured” with respect to real propertyproperty and rental value insurance, and as a “loss payee” with respect to all real property as appropriate and as their interests may appear; (ix) be evidenced by delivery to Lessor and any Lender designated by Lessor of an A▇▇▇▇ Form 28 for property property, business interruption and boiler & machinery coverage (or any other form requested by Lessor) and an A▇▇▇▇ Form 25 for commercial general liability, workers’ compensation and umbrella coverage (or any other form requested by Lessor); provided that in the event that either such form is no longer available, such evidence of insurance shall be in a form reasonably satisfactory to Lessor and any Lender designated by Lessor; and (x) be issued by insurance companies licensed to do business in the states where the Properties are located and which are rated no less than A-X by Best’s Insurance Guide or are otherwise approved by Lessor.

Appears in 1 contract

Sources: Master Lease Agreement (Ampco Pittsburgh Corp)

Insurance Provisions. All insurance policies shall: (i) provide (A) for a waiver of subrogation by the insurer as to claims against LessorL▇▇▇▇▇, its employees and agents; (B) that the insurer shall not deny a claim and that such insurance cannot be unreasonably cancelled, invalidated or suspended on account of the conduct of Lessee, its officers, directors, employees or agents, or anyone acting for Lessee or any subtenant or other occupant of the Properties; and (C) that any losses otherwise payable thereunder shall be payable notwithstanding any act or omission of Lessor or Lessee which might, absent such provision, result in a forfeiture of all or a part of such insurance payment; (ii) be primary and provide that any “other insurance” clause in the insurance policy shall exclude any policies of insurance maintained by Lessor and the insurance policy shall not be brought into contribution with insurance maintained by Lessor; (iii) contain deductibles not to exceed $50,000 (or 100,000, except for property insurance and workers’ compensation insurance which may have a deductible up to $100,000 with respect to flood insurance)250,000; (iv) contain a standard non-contributory noncontributory mortgagee clause or endorsement in favor of any Lender designated by LessorL▇▇▇▇▇; (v) provide that the policy of insurance shall not be terminated, cancelled or amended in any manner that is inconsistent with the requirements of this Lease without at least thirty (30) days’ prior written notice to Lessor and to any Lender that Lessee has received written notice of that is covered by any standard mortgagee clause or endorsement; (vi) provide that the insurer shall not have the option to restore the Properties if Lessor elects to terminate this Lease in accordance with the terms hereof; (vii) be in amounts sufficient at all times to satisfy any coinsurance requirements thereof; (viii) except for workers’ compensation insurance referred to in Section 6.03(a)(iii5.03(a)(iii) above, name include Lessor and any Lessor Affiliate or Lender requested by Lessor, as an “additional insured” with respect to general liability insurance, as a “named insured” with respect to real property, and as a “loss payee” with respect to all real property and rental value insurance, as appropriate and as their interests may appear; (ix) be evidenced by delivery to Lessor and any Lender designated by Lessor of an A▇▇▇▇ Form 28 for property property, business interruption and boiler & machinery coverage (or any other form requested by Lessor) and an A▇▇▇▇ Form 25 for commercial general liability, workers’ compensation and umbrella coverage (or any other form requested by Lessor)coverage; provided that in the event that either such form is no longer available, such evidence of insurance shall be in a form reasonably satisfactory to Lessor and any Lender designated by Lessor; and (x) be issued by insurance companies licensed to do business in the states where the Properties are located and which are rated no less than A- by S&P, A-X by Best’s Insurance Guide or are otherwise approved by Lessor.

Appears in 1 contract

Sources: Master Lease Agreement (Societal CDMO, Inc.)

Insurance Provisions. All insurance policies shall:: 4830-1362-4631.5 STORE/Synalloy Master Lease Agreement 6 Properties in OH, SC, TN and TX File No. 7210/02-475 (i) provide (A) for a waiver of subrogation by the insurer as to claims against Lessor, its employees and agents; (B) that the insurer shall not deny a claim and that such insurance cannot be unreasonably cancelled, invalidated or suspended on account of the conduct of Lessee, its officers, directors, employees or agents, or anyone acting for Lessee or any subtenant or other occupant of the Properties; and (C) that any losses otherwise payable thereunder shall be payable notwithstanding any act or omission of Lessor or Lessee which might, absent such provision, result in a forfeiture of all or a part of such insurance payment; (ii) be primary and provide that any “other insurance” clause in the insurance policy shall exclude any policies of insurance maintained by Lessor and the insurance policy shall not be brought into contribution with insurance maintained by Lessor; (iii) contain deductibles not to exceed $50,000 (or 25,000, except for property insurance and workers’ compensation insurance which may have a deductible up to $100,000 with respect to flood insurance)250,000; (iv) contain a standard non-contributory non‑contributory mortgagee clause or endorsement in favor of any Lender designated by Lessor; (v) provide that the policy of insurance shall not be terminated, cancelled or amended in any manner that is inconsistent with the requirements of this Lease without at least thirty (30) days’ prior written notice to Lessor and to any Lender that Lessee has received written notice of that is covered by any standard mortgagee clause or endorsement; (vi) provide that the insurer shall not have the option to restore the Properties if Lessor elects to terminate this Lease in accordance with the terms hereof; (vii) be in amounts sufficient at all times to satisfy any coinsurance requirements thereof; (viii) except for workers’ compensation insurance referred to in Section 6.03(a)(iii) above, name Lessor and any Lessor Affiliate or Lender requested by Lessor, as an “additional insured” with respect to general liability insurance, and as a an additional named insured” or “additional insured” with respect to real propertyproperty and rental value insurance, and as a “loss payee” with respect to all real property as appropriate and as their interests may appear; (ix) be evidenced by delivery to Lessor and any Lender designated by Lessor of an ▇▇▇▇▇ Form 28 for property property, business interruption and boiler & machinery coverage (or any other form requested by Lessor) and an ▇▇▇▇▇ Form 25 for commercial general liability, workers’ compensation and umbrella coverage (or any other form requested by Lessor); provided that in the event that either such form is no longer available, such evidence of insurance shall be in a form reasonably satisfactory to Lessor and any Lender designated by Lessor; and (x) be issued by insurance companies licensed to do business in the states where the Properties are located and which are rated no less than A-X by Best’s Insurance Guide or are otherwise approved by Lessor.

Appears in 1 contract

Sources: Master Lease Agreement (Synalloy Corp)

Insurance Provisions. All insurance policies shall: (i) provide provide (A) for a waiver of subrogation by the insurer as to claims against LessorLandlord, its employees and agents; ; (B) that the insurer shall not deny a claim and that such insurance cannot be unreasonably cancelled, invalidated or suspended on account of the conduct of LesseeTenant, its officers, directors, employees or agents, or anyone acting for Lessee Tenant or any subtenant or other occupant of the Properties; and and (C) that any losses otherwise payable thereunder shall be payable notwithstanding any act or omission of Lessor Landlord or Lessee Tenant which might, absent such provision, result in a forfeiture of all or a part of such insurance payment; (ii) be primary and provide that any “other insurance” clause in the insurance policy shall exclude any policies of insurance maintained by Lessor Landlord and the insurance policy shall not be brought into contribution with insurance maintained by LessorLandlord; (iii) contain deductibles or self-insured retention amounts not to exceed $50,000 250,000 (except deductibles for workers’ compensation insurance, which shall not exceed $500,000); provided, however, such deductibles may change from time to time upon Tenant’s request, subject to Landlord’s consent, not to be unreasonably withheld, conditioned, or $100,000 with respect to flood insurance)delayed; (iv) contain a standard non-contributory mortgagee clause or endorsement in favor of any Lender designated by LessorLandlord; (v) provide that the policy of insurance shall not be terminated, cancelled or amended in any manner that is inconsistent with the requirements of this Lease without at least thirty (30) days’ prior written notice to Lessor Landlord and to any Lender that Lessee has received written notice of that is covered by any standard mortgagee clause or endorsement; (vi) provide that the insurer shall not have the option to restore the Properties if Lessor Landlord elects to terminate this Lease in accordance with the terms hereof; (vii) be in amounts sufficient at all times to satisfy any coinsurance requirements thereof; (viii) except for workers’ compensation insurance referred to in Section 6.03(a)(iii7.03(a)(ii) above, name Lessor Landlord and any Lessor Landlord Affiliate or Lender requested by LessorLandlord, as an “additional insured” with respect to general liability insurance, as a “named insured” with respect to real property, and as a “loss payee” with respect to all real property property, Personalty and rental value insurance, as appropriate and as their interests may appear; (ix) be evidenced by delivery to Lessor Landlord and any Lender designated by Lessor Landlord of an ▇▇▇▇▇ Form 28 for property property, rental value and boiler & machinery coverage (or any other form requested by LessorLandlord) and an ▇▇▇▇▇ Form 25 for commercial general liability, automobile, workers’ compensation and umbrella coverage (or any other form requested by LessorLandlord); provided that in the event that either such form is no longer available, such evidence of insurance shall be in a form reasonably satisfactory to Lessor Landlord and any Lender designated by LessorLandlord; and (x) be issued by insurance companies licensed to do business in the states where the Properties are located and which are rated no less than A-X :VIII or better by Best’s Insurance Guide or are otherwise approved by LessorLandlord.

Appears in 1 contract

Sources: Master Lease Agreement (Party City Holdco Inc.)

Insurance Provisions. All insurance policies shall: (i) provide (A) for a waiver of subrogation by the insurer as to claims against Lessor, its employees and agents; (B) that the insurer shall not deny a claim and that such insurance cannot be unreasonably cancelled, invalidated or suspended on account of the conduct of Lessee, its officers, directors, employees or agents, or anyone acting for Lessee or any subtenant or other occupant of the Properties; and (C) that any losses otherwise payable thereunder shall be payable notwithstanding any act or omission of Lessor or Lessee which might, absent such provision, result in a forfeiture of all or a part of such insurance payment; (ii) be primary and provide that any “other insurance” clause in the insurance policy shall exclude any policies of insurance maintained by Lessor and the insurance policy shall not be brought into contribution with insurance maintained by Lessor; (iii) contain deductibles not to exceed $50,000 (or 25,000, except for property insurance and workers’ compensation insurance which may have a deductible up to $100,000 with respect to flood insurance)250,000; (iv) contain a standard non-non contributory mortgagee clause or endorsement in favor of any Lender designated by Lessor; (v) provide that the policy of insurance shall not be terminated, cancelled or amended in any manner that is inconsistent with the requirements of this Lease without at least thirty (30) days’ prior written notice to Lessor and to any Lender that Lessee has received written notice of that is covered by any standard mortgagee clause or endorsement; (vi) provide that the insurer shall not have the option to restore the Properties if Lessor elects to terminate this Lease in accordance with the terms hereof; (vii) be in amounts sufficient at all times to satisfy any coinsurance requirements thereof; (viii) except for workers’ compensation insurance referred to in Section 6.03(a)(iii) above, name Lessor and any Lessor Affiliate or Lender requested by Lessor, as an “additional insured” with respect to general liability insurance, and as a an additional named insured” or “additional insured” with respect to real propertyproperty and rental value insurance, and as a “loss payee” with respect to all real property as appropriate and as their interests may appear; (ix) be evidenced by delivery to Lessor and any Lender designated by Lessor of an ▇▇▇▇▇ Form 28 for property property, business interruption and boiler & machinery coverage (or any other form requested by Lessor) and an ▇▇▇▇▇ Form 25 for commercial general liability, workers’ compensation and umbrella coverage (or any other form requested by Lessor); provided that in the event that either such form is no longer available, such evidence of insurance shall be in a form reasonably satisfactory to Lessor and any Lender designated by Lessor; and (x) be issued by insurance companies licensed to do business in the states where the Properties are located and which are rated no less than A-X by Best’s Insurance Guide or are otherwise approved by Lessor.

Appears in 1 contract

Sources: Master Lease Agreement (Synalloy Corp)

Insurance Provisions. All insurance policies shall: (i) provide (A) for a waiver of subrogation by the insurer as to claims against Lessor, its employees and agents; (B) that the insurer shall not deny a claim and that such insurance cannot be unreasonably cancelled, invalidated or suspended on account of the conduct of Lessee, its officers, directors, employees or agents, or anyone acting for Lessee or any subtenant or other occupant of the Properties; and (C) that any losses otherwise payable thereunder shall be payable notwithstanding any act or omission of Lessor or Lessee which might, absent such provision, result in a forfeiture of all or a part of such insurance payment; (ii) be primary and provide that any “other insurance” clause in the insurance policy shall exclude any policies of insurance maintained by Lessor and the insurance policy shall not be brought into contribution with insurance maintained by Lessor; (iii) contain deductibles not to exceed $50,000 (or $100,000 with respect to flood insurance)100,000; (iv) contain a standard non-contributory mortgagee clause or endorsement in favor of any Lender designated by Lessor; (v) provide that the policy of insurance shall not be terminated, cancelled or materially amended (such that the policy is no longer in any manner that is inconsistent compliance with the requirements of this Lease Lease) without at least thirty (30) days’ prior written notice from Lessee to Lessor and to any Lender that Lessee has received written notice of that is covered by any standard mortgagee clause or endorsement; (vi) provide that the insurer shall not have the option to restore the Properties Property if Lessor elects to terminate this Lease in accordance with the terms hereof; (vii) be in amounts sufficient at all times to satisfy any coinsurance requirements thereof; (viii) except for workers’ compensation insurance referred to in Section 6.03(a)(iii) above and automobile liability insurance referred to in Section 6.03(a)(v) above, name Lessor and any Lessor Affiliate or Lender requested by Lessor, as an “additional insured” with respect to general liability insurance, and as a an additional named insured” or “additional insured” with respect to real propertyproperty and rental value insurance, and as a “loss payee” with respect to all real property as appropriate and as their interests may appear; (ix) be evidenced by delivery to Lessor and any Lender designated by Lessor of an ▇▇▇▇▇ Form 28 for property property, business interruption and boiler & machinery coverage (or any other form requested by Lessor) and an ▇▇▇▇▇ Form 25 for commercial general liability, workers’ compensation and umbrella coverage (or any other form requested by Lessor); provided that in the event that either STORE / RT Logic (Kratos) Second A&R Lease Agreement File No. 7210/02-525.1 4816-6651-1278.2 such form is no longer available, such evidence of insurance shall be in a form reasonably satisfactory to Lessor and any Lender designated by Lessor; and (x) be issued by insurance companies licensed to do business in the states where the Properties are Property is located and which are rated no less than A-X by Best’s Insurance Guide or are otherwise approved by Lessor.

Appears in 1 contract

Sources: Lease Agreement (Kratos Defense & Security Solutions, Inc.)

Insurance Provisions. All insurance policies shall: (i) provide (A) for a waiver of subrogation by the insurer as to claims against Lessor, its employees and agents; (B) that the insurer shall not deny a claim and that such insurance cannot be unreasonably cancelled, invalidated or suspended on account of the conduct of Lessee, its officers, directors, employees or agents, or anyone acting for Lessee or any subtenant or other occupant of the Properties; and (C) that any losses otherwise payable thereunder shall be payable notwithstanding any act or omission of Lessor or Lessee which might, absent such provision, result in a forfeiture of all or a part of such insurance payment; (ii) be primary and provide that any “other insurance” clause in the insurance policy shall exclude any policies of insurance maintained by Lessor and the insurance policy shall not be brought into contribution with insurance maintained by Lessor; (iii) contain deductibles not to exceed $50,000 (or $100,000 with respect to flood insurance)25,000; (iv) contain a standard non-contributory mortgagee clause or endorsement in favor of any Lender designated by Lessor; (v) if available, provide that the policy of insurance shall not be terminated, cancelled or amended in any manner that is inconsistent with the requirements of this Lease without at least thirty (30) days’ prior written notice to Lessor and to any Lender that Lessee has received written notice of that is covered by any standard mortgagee clause or endorsement; (vi) provide that the insurer shall not have the option to restore the Properties if Lessor elects to terminate this Lease in accordance with the terms hereof; (vii) be in amounts sufficient at all times to satisfy any coinsurance requirements thereof; (viii) except for workers’ compensation insurance referred to in Section 6.03(a)(iii) above, name Lessor and any Lessor Affiliate or Lender requested by Lessor, as an “additional insured” with respect to general liability insurance, and as a an additional named insured” or “additional insured” with respect to real propertyproperty and rental value insurance, and as a “loss payee” with respect to all real property as appropriate and as their interests may appear; (ix) be evidenced by delivery to Lessor and any Lender designated by Lessor of an ▇▇▇▇▇ Form 28 for property property, business interruption and boiler & machinery coverage (or any other form requested by Lessor) and an ▇▇▇▇▇ Form 25 for commercial general liability, workers’ compensation and umbrella coverage (or any other form requested by Lessor); provided that in the event that either such form is no longer available, such evidence of insurance shall be in a form reasonably satisfactory to Lessor and any Lender designated by Lessor; and (x) be issued by insurance companies licensed to do business in the states where the Properties are located and which are rated no less than A-X by Best’s Insurance Guide or are otherwise approved by Lessor.

Appears in 1 contract

Sources: Master Lease Agreement (Live Oak Acquisition Corp)

Insurance Provisions. All insurance policies shall: (i) provide (A) for a waiver of subrogation by the insurer as to claims against Lessor, its employees and agents; (B) that the insurer shall not deny a claim and that such insurance cannot be unreasonably cancelled, invalidated or suspended on account of the conduct of Lessee, its officers, directors, employees or agents, or anyone acting for Lessee or any subtenant or other occupant of the Properties; and (C) that any losses otherwise payable thereunder shall be payable notwithstanding any act or omission of Lessor or Lessee which might, absent such provision, result in a forfeiture of all or a part of such insurance payment; (ii) be primary and provide that any “other insurance” clause in the insurance policy shall exclude any policies of insurance maintained by Lessor and the insurance policy shall not be brought into contribution with insurance maintained by Lessor; (iii) contain deductibles not to exceed $50,000 25,000 for liability insurance and $250,000 for property insurance (or provided if this Lease is assigned, the property insurance deductible shall be reduced to $100,000 25,000.00 unless otherwise approved by Lessor). These deductibles may be provided by combining coverage from a policy given by insurance companies licensed to do business in the states where the Properties are located and which are rated no less than A-X by Best’s Insurance Guide, along with respect Concor Insurance Corp., an unrated insurance company that provides coverage to flood insurance)Lessee up to $250,000; (iv) contain a standard non-contributory mortgagee clause or endorsement in favor of any Lender designated by Lessor▇▇▇▇▇▇; (v) provide that the policy of insurance shall not be terminated, cancelled or amended in any manner that is inconsistent with the requirements of this Lease without at least thirty (30) days’ prior written notice to Lessor and to any Lender that Lessee has received written notice of that is covered by any standard mortgagee clause or endorsement; (vi) provide that the insurer shall not have the option to restore the Properties if Lessor elects to terminate this Lease in accordance with the terms hereof; (vii) be in amounts sufficient at all times to satisfy any coinsurance requirements thereof; (viii) except for workers’ compensation insurance referred to in Section 6.03(a)(iii) above, name Lessor and any Lessor Affiliate or Lender requested by Lessor▇▇▇▇▇▇, as an “additional insured” with respect to general liability insurance, and as a an additional named insured” or “additional insured” with respect to real propertyproperty and rental value insurance, and as a “loss payee” with respect to all real property as appropriate and as their interests may appear; (ix) be evidenced by delivery to Lessor and any Lender designated by Lessor of an ▇▇▇▇▇ Accord Form 28 for property property, business interruption and boiler & machinery coverage (or any other form requested by Lessor) and an ▇▇▇▇▇ Form 25 for commercial general liability, workers’ compensation and umbrella coverage (or any other form requested by Lessor); provided that in the event that either such form is no longer available, such evidence of insurance shall be in a form reasonably satisfactory to Lessor and any Lender designated by Lessor; and (x) be issued by insurance companies licensed to do business in the states where the Properties are located and which are rated no less than A-X by Best’s Insurance Guide or are otherwise approved by Lessor.;

Appears in 1 contract

Sources: Master Lease Agreement (EquipmentShare.com Inc)

Insurance Provisions. All insurance policies shall: (i) provide (A) for a waiver of subrogation by the insurer as to claims against Lessor, its employees and agents; (B) that the insurer shall not deny a claim and that such insurance cannot be unreasonably cancelled, invalidated or suspended on account of the conduct of Lessee, its officers, directors, employees or agents, or anyone acting for Lessee or any subtenant or other occupant of the Properties; and (C) that any losses otherwise payable thereunder shall be payable notwithstanding any act or omission of Lessor or Lessee which might, absent such provision, result in a forfeiture of all or a part of such insurance payment; (ii) be primary and provide that any "other insurance" clause in the insurance policy shall exclude any policies of insurance maintained by Lessor and the insurance policy shall not be brought into contribution with insurance maintained by Lessor; (iii) contain deductibles not to exceed $50,000 (or $100,000 25,000, with respect the exception of worker's compensation insurance, which shall be subject to flood insurance)deductibles established by the captive insurance program; (iv) contain a standard non-contributory mortgagee clause or endorsement in favor of any Lender designated by Lessor; (v) provide that the policy of insurance shall not be terminated, terminated or cancelled or amended in any manner that is inconsistent with the requirements of this Lease without at least thirty (30) days' prior written notice to Lessor and to any Lender that Lessee has received written notice of that is covered by any standard mortgagee clause or endorsement; (vi) provide that the insurer shall not have the option to restore the Properties if Lessor elects to terminate this Lease in accordance with the terms hereof; (vii) be in amounts sufficient at all times to satisfy any coinsurance requirements thereof; (viiivii) except for workers' compensation insurance referred to in Section 6.03(a)(iii) above, name Lessor and any Lessor Affiliate or Lender requested by Lessor, as an "additional insured" with respect to general liability insurance, and as a “an "additional named insured" or "additional insured" with respect to real propertyproperty and rental value insurance, and as a “loss payee” with respect to all real property as appropriate and as their interests may appear; (ixviii) be evidenced by delivery to Lessor and any Lender designated by Lessor of an ▇▇▇▇▇ Form 28 for property property, business interruption and boiler & machinery coverage (or any other form requested by Lessor) and an ▇▇▇▇▇ Form 25 for commercial general liability, workers' compensation and umbrella coverage (or any other form requested by Lessor); provided that in the event that either such form is no longer available, such evidence of insurance shall be in a form reasonably satisfactory to Lessor and any Lender designated by Lessor; and (xix) be issued by insurance companies licensed to do business in the states where the Properties are Property is located and which are rated no less than A-X by Best’s 's Insurance Guide or are otherwise approved by Lessor.

Appears in 1 contract

Sources: Lease Agreement (Salona Global Medical Device Corp)

Insurance Provisions. All insurance policies shall: (i) provide (A) for a waiver of subrogation by the insurer as to claims against Lessor, its employees and agents; (B) that the insurer shall not deny a claim and that such insurance cannot be unreasonably cancelled, invalidated or suspended on account of the conduct of Lessee, its officers, directors, employees or agents, or anyone acting for Lessee or any subtenant or other occupant of the Properties; and (C) that any losses otherwise payable thereunder shall be payable notwithstanding any act or omission of Lessor or Lessee which might, absent such provision, result in a forfeiture of all or a part of such insurance payment; (ii) be primary and provide that any "other insurance" clause in the insurance policy shall exclude any policies of insurance maintained by Lessor and the insurance policy shall not be brought into contribution with insurance maintained by Lessor; (iii) contain deductibles not to exceed $50,000 (or 25,000, other than earthquake and flood deductibles which shall not exceed $100,000 with respect to flood insurance)50,000; (iv) contain a standard non-contributory mortgagee clause or endorsement in favor of any Lender designated by Lessor; (v) provide that the policy of insurance shall not be terminated, cancelled or amended in any manner that is inconsistent with the requirements of this Lease without at least thirty (30) days' prior written notice to Lessor and to any Lender that Lessee has received written notice of that is covered by any standard mortgagee clause or endorsement; (vi) provide that the insurer shall not have the option to restore the Properties if Lessor elects to terminate this Lease in accordance with the terms hereof; (vii) be in amounts sufficient at all times to satisfy any coinsurance requirements thereof; (viiivii) except for workers' compensation insurance referred to in Section 6.03(a)(iii) above, name Lessor and any Lessor Affiliate or Lender requested by Lessor, as an "additional insured" with respect to general liability insurance, and as a “an "additional named insured" or "additional insured" with respect to real propertyproperty and rental value insurance, and as a “loss payee” with respect to all real property as appropriate and as their interests may appear; (ixviii) be evidenced by delivery to Lessor and any Lender designated by Lessor of an ▇▇▇▇▇ Form 28 for property property, business interruption and boiler & machinery coverage (or any other form requested by Lessor) and an ▇▇▇▇▇ Form 25 for commercial general liability, workers' compensation and umbrella coverage (or any other form requested by Lessor); provided that in the event that either such form is no longer available, such evidence of insurance shall be in a form reasonably satisfactory to Lessor and any Lender designated by Lessor; and (xix) be issued by insurance companies licensed to do business in the states where the Properties are located and which are rated no less than A-X by Best’s 's Insurance Guide or are otherwise approved by Lessor.

Appears in 1 contract

Sources: Master Lease Agreement (LIVE VENTURES Inc)

Insurance Provisions. All In all cases and as applied to Paragraph 1 above and to the extent clearly applicable to Paragraph 3, the insurance policies shallobtained shall be subject to the following provisions and limitations: (ia) provide (A) for a waiver of subrogation by the insurer as to claims against Lessor, its employees and agents; (B) that the insurer shall not deny a claim and that such insurance cannot be unreasonably cancelled, invalidated or suspended on account of the conduct of Lessee, its officers, directors, employees or agents, or anyone acting for Lessee or any subtenant or other occupant of the Properties; and (C) that any losses otherwise payable thereunder The named insured shall be payable notwithstanding any act or omission of Lessor or Lessee which mightthe Association who, absent such provisionthrough the Board, result in a forfeiture of all or a part of such insurance payment;shall negotiate loss claims, receive and administer funds received pursuant to claim settlements. (iib) be primary and provide that any “other insurance” clause in In no event shall the insurance policy shall exclude any policies coverage obtained and maintained pursuant to the requirements of insurance maintained by Lessor and the insurance policy shall not this Agreement be brought into contribution with insurance maintained purchased by Lessor;the owners of the Living Units or Lots or their mortgagees. (iiic) contain deductibles not to exceed $50,000 (or $100,000 with respect to flood insurance); (iv) contain a standard non-contributory mortgagee clause or endorsement in favor of any Lender designated by Lessor; (v) Such policies shall provide that the policy of insurance coverage shall not be terminatedprejudiced by (1) any act or neglect of the owners of Living Units or Lots, (2) conditions over which the Association has no control.‌ d) All policies shall provide that coverage may not be cancelled or amended substantially modified (including cancellation for nonpayment of premium) without Prior Notice to the insured and Lead Lender. e) All such policies shall contain a waiver of subrogation endorsement. f) All policies of property insurance shall provide that, notwithstanding any provisions thereof which give the carrier the right to make a cash settlement in any manner lieu of the right to restore, such option shall not be exercisable without the prior written approval of the Board. g) Each and every policy for Required Insurance shall contain a stipulation that is inconsistent the carrier received a copy of the Governing Instruments, including this Agreement, and that all provisions of each and every policy issued are in conformance with the requirements provisions of this Lease without said instruments and the carrier shall have been in possession of at least thirty (30) days’ prior written notice to Lessor and to any Lender that Lessee has received written notice the time of that is covered by any standard mortgagee clause or endorsement; (vi) provide that the insurer shall not have the option to restore the Properties if Lessor elects to terminate this Lease in accordance with the terms hereof; (vii) be in amounts sufficient at all times to satisfy any coinsurance requirements thereof; (viii) except for workers’ compensation insurance referred to in Section 6.03(a)(iii) above, name Lessor and any Lessor Affiliate or Lender requested by Lessor, as an “additional insured” with respect to general liability insurance, as a “named insured” with respect to real property, and as a “loss payee” with respect to all real property as appropriate and as their interests may appear; (ix) be evidenced by delivery to Lessor and any Lender designated by Lessor issuance of an ▇▇▇▇▇ Form 28 for property and boiler & machinery coverage (or any other form requested by Lessor) and an ▇▇▇▇▇ Form 25 for commercial general liability, workers’ compensation and umbrella coverage (or any other form requested by Lessor); provided that in the event that either such form is no longer available, such evidence of insurance shall be in a form reasonably satisfactory to Lessor and any Lender designated by Lessor; and (x) be issued by insurance companies licensed to do business in the states where the Properties are located and which are rated no less than A-X by Best’s Insurance Guide or are otherwise approved by Lessorpolicies.

Appears in 1 contract

Sources: Management Standards Agreement

Insurance Provisions. All insurance policies shall: (i) provide (A) for a waiver of subrogation by the insurer as to claims against Lessor, its employees and agents; (B) that the insurer shall not deny a claim and that such insurance cannot be unreasonably cancelled, invalidated or suspended on account of the conduct of Lessee, its officers, directors, employees or agents, or anyone acting for Lessee or any subtenant or other occupant of the Properties; and (C) that any losses otherwise payable thereunder shall be payable notwithstanding any act or omission of Lessor or Lessee which might, absent such provision, result in a forfeiture of all or a part of such insurance payment; (ii) be primary and provide that any “other insurance” clause in the insurance policy shall exclude any policies of insurance maintained by Lessor and the insurance policy shall not be brought into contribution with insurance maintained by Lessor; (iii) contain deductibles not to exceed $50,000 (or $100,000 with respect to flood insurance)100,000; (iv) contain a standard non-contributory non‑contributory mortgagee clause or endorsement in favor of any Lender designated by Lessor;; 4830-8668-1413.9 STORE / RT Logic (Kratos) Lease Agreement (Existing Building Area) File No.: 7210/02-525.1 (v) provide that the policy of insurance shall not be terminated, cancelled or materially amended (such that the policy is no longer in any manner that is inconsistent compliance with the requirements of this Lease Lease) without at least thirty (30) days’ prior written notice from Lessee to Lessor and to any Lender that Lessee has received written notice of that is covered by any standard mortgagee clause or endorsement; (vi) provide that the insurer shall not have the option to restore the Properties Property if Lessor elects to terminate this Lease in accordance with the terms hereof; (vii) be in amounts sufficient at all times to satisfy any coinsurance requirements thereof; (viii) except for workers’ compensation insurance referred to in Section 6.03(a)(iii) above and automobile liability insurance referred to in Section 6.03(a)(v) above, name Lessor and any Lessor Affiliate or Lender requested by Lessor, as an “additional insured” with respect to general liability insurance, and as a an additional named insured” or “additional insured” with respect to real propertyproperty and rental value insurance, and as a “loss payee” with respect to all real property as appropriate and as their interests may appear; (ix) be evidenced by delivery to Lessor and any Lender designated by Lessor of an ▇▇▇▇▇ Form 28 for property property, business interruption and boiler & machinery coverage (or any other form requested by Lessor) and an ▇▇▇▇▇ Form 25 for commercial general liability, workers’ compensation and umbrella coverage (or any other form requested by Lessor); provided that in the event that either such form is no longer available, such evidence of insurance shall be in a form reasonably satisfactory to Lessor and any Lender designated by Lessor; and (x) be issued by insurance companies licensed to do business in the states where the Properties are Property is located and which are rated no less than A-X by Best’s Insurance Guide or are otherwise approved by Lessor.

Appears in 1 contract

Sources: Lease Agreement (Kratos Defense & Security Solutions, Inc.)

Insurance Provisions. All insurance policies shall: (i) provide (A) for a waiver of subrogation by the insurer as to claims against Lessor, its employees and agents; (B) that the insurer shall not deny a claim and that such insurance cannot be unreasonably cancelled, invalidated or suspended on account of the conduct of Lessee, its officers, directors, employees or agents, or anyone acting for Lessee or any subtenant or other occupant of the Properties; and (C) that any losses otherwise payable thereunder shall be payable notwithstanding any act or omission of Lessor or Lessee which might, absent such provision, result in a forfeiture of all or a part of such insurance payment; (ii) be primary and provide that any “other insurance” clause in the insurance policy shall exclude any policies of insurance maintained by Lessor and the insurance policy shall not be brought into contribution with insurance maintained by Lessor; (iii) contain deductibles not to exceed $50,000 (or $100,000 with respect to flood insurance)100,000; (iv) contain a standard non-contributory mortgagee clause or endorsement in favor of any Lender designated by Lessor; (v) provide that the policy of insurance shall not be terminated, cancelled or materially amended (such that the policy is no longer in any manner that is inconsistent compliance with the requirements of this Lease Lease) without at least thirty (30) days’ prior written notice from Lessee to Lessor and to any Lender that Lessee has received written notice of that is covered by any standard mortgagee clause or endorsement; (vi) provide that the insurer shall not have the option to restore the Properties Property if Lessor elects to terminate this Lease in accordance with the terms hereof; (vii) be in amounts sufficient at all times to satisfy any coinsurance requirements thereof; (viii) except for workers’ compensation insurance referred to in Section 6.03(a)(iii) above and automobile liability insurance referred to in Section 6.03(a)(v) above, name Lessor and any Lessor Affiliate or Lender requested by Lessor, as an “additional insured” with respect to general liability insurance, and as a an 4820-2439-8970. 3 STORE I RT Logic (Kratos) Amended and Restated Lease Agreement File No: 7210/02-525.1 additional named insured” or “additional insured” with respect to real propertyproperty and rental value insurance, and as a “loss payee” with respect to all real property as appropriate and as their interests may appear; (ix) be evidenced by delivery to Lessor and any Lender designated by Lessor of an ▇▇▇▇▇ Form 28 for property property, business interruption and boiler & machinery coverage (or any other form requested by Lessor) and an ▇▇▇▇▇ Form 25 for commercial general liability, workers’ compensation and umbrella coverage (or any other form requested by Lessor); provided that in the event that either such form is no longer available, such evidence of insurance shall be in a form reasonably satisfactory to Lessor and any Lender designated by Lessor; and (x) be issued by insurance companies licensed to do business in the states where the Properties are Property is located and which are rated no less than A-X by Best’s Insurance Guide or are otherwise approved by Lessor.

Appears in 1 contract

Sources: Lease Agreement (Kratos Defense & Security Solutions, Inc.)

Insurance Provisions. All insurance policies shall: (i) provide (A) for a waiver of subrogation by the insurer as to claims against Lessor▇▇▇▇▇▇, its employees and agents; (B) that the insurer shall not deny a claim and that such insurance cannot be unreasonably cancelled, invalidated or suspended on account of the conduct of Lessee, its officers, directors, employees or agents, or anyone acting for Lessee or any subtenant or other occupant of the Properties; and (C) that any losses otherwise payable thereunder shall be payable notwithstanding any act or omission of Lessor or Lessee which might, absent such provision, result in a forfeiture of all or a part of such insurance payment; (ii) be primary and provide that any “other insurance” clause in the insurance policy shall exclude any policies of insurance maintained by Lessor and the insurance policy shall not be brought into contribution with insurance maintained by Lessor; (iii) contain deductibles not to exceed $50,000 (or 100,000, except for property insurance and workers’ compensation insurance which may have a deductible up to $100,000 with respect to flood insurance)250,000; (iv) contain a standard non-contributory noncontributory mortgagee clause or endorsement in favor of any Lender designated by Lessor▇▇▇▇▇▇; (v) provide that the policy of insurance shall not be terminated, cancelled or amended in any manner that is inconsistent with the requirements of this Lease without at least thirty (30) days’ prior written notice to Lessor and to any Lender that Lessee has received written notice of that is covered by any standard mortgagee clause or endorsement; (vi) provide that the insurer shall not have the option to restore the Properties if Lessor elects to terminate this Lease in accordance with the terms hereof; (vii) be in amounts sufficient at all times to satisfy any coinsurance requirements thereof; (viii) except for workers’ compensation insurance referred to in Section 6.03(a)(iii5.03(a)(iii) above, name include Lessor and any Lessor Affiliate or Lender requested by Lessor, as an “additional insured” with respect to general liability insurance, as a “named insured” with respect to real property, and as a “loss payee” with respect to all real property and rental value insurance, as appropriate and as their interests may appear; (ix) be evidenced by delivery to Lessor and any Lender designated by Lessor of an ▇▇▇▇▇ Form 28 for property property, business interruption and boiler & machinery coverage (or any other form requested by Lessor) and an ▇▇▇▇▇ Form 25 for commercial general liability, workers’ compensation and umbrella coverage (or any other form requested by Lessor)coverage; provided that in the event that either such form is no longer available, such evidence of insurance shall be in a form reasonably satisfactory to Lessor and any Lender designated by Lessor; and (x) be issued by insurance companies licensed to do business in the states where the Properties are located and which are rated no less than A- by S&P, A-X by Best’s Insurance Guide or are otherwise approved by Lessor.

Appears in 1 contract

Sources: Master Lease Agreement (Societal CDMO, Inc.)

Insurance Provisions. All insurance policies shall: (i) provide (A) for a waiver of subrogation by the insurer as to claims against Lessor, its employees and agents; (B) that the insurer shall not deny a claim and that such insurance cannot be unreasonably cancelled, invalidated or suspended on account of the conduct of Lessee, its officers, directors, employees or agents, or anyone acting for Lessee or any subtenant or other occupant of the Properties; and (C) that any losses otherwise payable thereunder shall be payable notwithstanding any act or omission of Lessor or Lessee which might, absent such provision, result in a forfeiture of all or a part of such insurance payment; (ii) be primary and provide that any “other insurance” clause in the insurance policy shall exclude any policies of insurance maintained by Lessor and the insurance policy shall not be brought into contribution with insurance maintained by Lessor; (iii) contain deductibles not to exceed $50,000 (or 25,000, except for property insurance and workers’ compensation insurance which may have a deductible up to $100,000 with respect to flood insurance)250,000; (iv) contain a standard non-contributory mortgagee clause or endorsement in favor of any Lender designated by Lessor▇▇▇▇▇▇; (v) provide that the policy of insurance shall not be terminated, cancelled or amended in any manner that is inconsistent with the requirements of this Lease without at least thirty (30) days’ prior written notice to Lessor and to any Lender that Lessee has received written notice of that is covered by any standard mortgagee clause or endorsement; (vi) provide that the insurer shall not have the option to restore the Properties if Lessor elects to terminate this Lease in accordance with the terms hereof; (vii) be in amounts sufficient at all times to satisfy any coinsurance requirements thereof; (viii) except for workers’ compensation insurance referred to in Section 6.03(a)(iii) above, name Lessor and any Lessor Affiliate or Lender requested by Lessor▇▇▇▇▇▇, as an “additional insured” with respect to general liability insurance, and as a an additional named insured” or “additional insured” with respect to real propertyproperty and rental value insurance, and as a “loss payee” with respect to all real property as appropriate and as their interests may appear; (ix) be evidenced by delivery to Lessor and any Lender designated by Lessor of an ▇▇▇▇▇ Form 28 for property property, business interruption and boiler & machinery coverage (or any other form requested by Lessor) and an ▇▇▇▇▇ Form 25 for commercial general liability, workers’ compensation and umbrella coverage (or any other form requested by Lessor); provided that in the event that either such form is no longer available, such evidence of insurance shall be in a form reasonably satisfactory to Lessor and any Lender designated by Lessor; and (x) be issued by insurance companies licensed to do business in the states where the Properties are located and which are rated no less than A-X by Best’s Insurance Guide or are otherwise approved by Lessor.

Appears in 1 contract

Sources: Master Lease Agreement (Ascent Industries Co.)

Insurance Provisions. All insurance policies shall: (i) provide (A) for a waiver of subrogation by the insurer as to claims against Lessor, its employees and agents; (B) that the insurer shall not deny a claim and that such insurance cannot be unreasonably cancelled, invalidated or suspended on account of the conduct of Lessee, its officers, directors, employees or agents, or anyone acting for Lessee or any subtenant or other occupant of the Properties; and (C) that any losses otherwise payable thereunder shall be payable notwithstanding any act or omission of Lessor or Lessee which might, absent such provision, result in a forfeiture of all or a part of such insurance payment; (ii) be primary and provide that any “other insurance” clause in the insurance policy shall exclude any policies of insurance maintained by Lessor and the insurance policy shall not be brought into contribution with insurance maintained by Lessor; (iii) contain deductibles not to exceed $50,000 25,000 for liability insurance and $250,000 for property insurance (or provided if this Lease is Assigned, the property insurance deductible shall be reduced to $100,000 25,000.00 unless otherwise approved by Lessor). These deductibles may be provided by combining coverage from a policy given by insurance companies licensed to do business in the states where the Properties are located and which are rated no less than A-X by Best’s Insurance Guide, along with respect Concor Insurance Corp., an unrated insurance company that provides coverage to flood insurance)Lessee up to $250,000; (iv) contain a standard non-contributory mortgagee clause or endorsement in favor of any Lender designated by Lessor▇▇▇▇▇▇; (v) provide that the policy of insurance shall not be terminated, cancelled or amended in any manner that is inconsistent with the requirements of this Lease without at least thirty (30) days’ prior written notice to Lessor and to any Lender that Lessee has received written notice of that is covered by any standard mortgagee clause or endorsement; (vi) provide that the insurer shall not have the option to restore the Properties if Lessor elects to terminate this Lease in accordance with the terms hereof; (vii) be in amounts sufficient at all times to satisfy any coinsurance requirements thereof; (viii) except for workers’ compensation insurance referred to in Section 6.03(a)(iii) above, name Lessor and any Lessor Affiliate or Lender requested by Lessor▇▇▇▇▇▇, as an “additional insured” with respect to general liability insurance, and as a an additional named insured” or “additional insured” with respect to real propertyproperty and rental value insurance, and as a “loss payee” with respect to all real property as appropriate and as their interests may appear; (ix) be evidenced by delivery to Lessor and any Lender designated by Lessor of an ▇▇▇▇▇ Accord Form 28 for property property, business interruption and boiler & machinery coverage (or any other form requested by Lessor) and an ▇▇▇▇▇ Form 25 for commercial general liability, workers’ compensation and umbrella coverage (or any other form requested by Lessor); provided that in the event that either such form is no longer available, such evidence of insurance shall be in a form reasonably satisfactory to Lessor and any Lender designated by Lessor; and (x) be issued by insurance companies licensed to do business in the states where the Properties are located and which are rated no less than A-X by Best’s Insurance Guide or are otherwise approved by Lessor.;

Appears in 1 contract

Sources: Master Lease Agreement (EquipmentShare.com Inc)

Insurance Provisions. All insurance policies shall: (i) provide (A) for a waiver of subrogation by the insurer as to claims against Lessor, its employees and agents; (B) that the insurer shall not deny a claim and that such insurance cannot be unreasonably cancelled, invalidated or suspended on account of the conduct of Lessee, its officers, directors, employees or agents, or anyone acting for Lessee or any subtenant or other occupant of the PropertiesProperty; and (C) that any losses otherwise payable thereunder shall be payable notwithstanding any act or omission of Lessor or Lessee which might, absent such provision, result in a forfeiture of all or a part of such insurance payment; (ii) be primary and provide that any “other insurance” clause in the insurance policy shall exclude any policies of insurance maintained by Lessor and the insurance policy shall not be brought into contribution with insurance maintained by Lessor; (iii) contain deductibles not to exceed $50,000 (or $100,000 and increases with respect to flood insurancethe reasonable consent of Lessor); (iv) contain a standard non-contributory mortgagee clause or endorsement in favor of any Lender designated by Lessor; (v) provide that the policy of insurance shall not be terminated, cancelled or amended in any manner that is inconsistent with the requirements of this Lease without at least thirty (30) days’ prior written notice to Lessor and to any Lender that Lessee has received written notice of that is covered by any standard mortgagee clause or endorsement; (vi) provide that the insurer shall not have the option to restore the Properties Property if Lessor elects to terminate this Lease in accordance with the terms hereof; (vii) be in amounts sufficient at all times to satisfy any coinsurance requirements thereof; (viii) except for workers’ compensation insurance referred to in Section 6.03(a)(iii) above, name Lessor and any Lessor Affiliate or Lender Lender, if applicable, requested by Lessor, as an “additional insured” with respect to general liability insurance, as a “named insured” with respect to insurance and real property, and as a “loss payee” with respect to all real property and rental value insurance, as appropriate and as their interests may appear; (ix) be evidenced by delivery to Lessor and any Lender designated by Lessor Lessor, if applicable, of an ▇▇▇▇▇ Form 28 for property property, rental value and boiler & machinery coverage (or any other form requested by Lessor) and an ▇▇▇▇▇ Form 25 for commercial general liability, workers’ compensation and umbrella coverage (or any other form requested by Lessor); provided that in the event that either such form is no longer available, such evidence of insurance shall be in a form reasonably satisfactory to Lessor and any Lender designated by Lessor. The approved ▇▇▇▇▇ Forms are attached hereto as Exhibit D; and (x) be issued by insurance companies licensed to do business in the states where the Properties are Property is located and which are rated no less than A-X by Best’s Insurance Guide or are otherwise approved by Lessor.

Appears in 1 contract

Sources: Lease Agreement (U.S. Auto Parts Network, Inc.)

Insurance Provisions. All insurance policies shall, except as otherwise noted herein: (i) provide (A) for a waiver of subrogation except the Workers Compensation by the insurer as to claims against Lessor, its employees and agents; (B) that the insurer shall not deny a claim and that such insurance cannot be unreasonably cancelled, invalidated or suspended on account of the conduct of Lessee, its officers, directors, employees or agents, or anyone acting for Lessee or any subtenant or other occupant of the Properties; and (C) that any losses otherwise payable thereunder shall be payable notwithstanding any act or omission of Lessor or Lessee which might, absent such provision, result in a forfeiture of all or a part of such insurance payment; (ii) be primary and provide that any “other insurance” clause in the insurance policy shall exclude non-contributory with respect to any policies of insurance maintained by Lessor and the insurance policy shall not be brought into contribution with insurance maintained by Lessor; (iii) contain deductibles not to exceed $50,000 (or $100,000 with respect to flood insurance)25,000; (iv) contain a standard non-contributory non‑contributory mortgagee clause or endorsement in favor of any Lender designated by Lessor; (v) provide that the policy of insurance shall not be terminated, cancelled or amended in any manner that is inconsistent with the requirements of this Lease without at least thirty (30) days’ prior written notice to Lessor and to any Lender that Lessee has received written notice of that is covered by any standard mortgagee clause or endorsement; (vi) provide that the insurer shall not have the option to restore the Properties if Lessor elects to terminate this Lease in accordance with the terms hereof; (vii) be in amounts sufficient at all times to satisfy any coinsurance requirements thereof; (viiivii) except for workers’ compensation insurance referred to in Section 6.03(a)(iii) above, name Lessor and any Lessor Affiliate or Lender requested by Lessor, as an “additional insured” with respect to general liability insurance, and as a an additional named insured” or “additional insured” with respect to real propertyproperty and rental value insurance, and as a “loss payee” with respect to all real property as appropriate and as their interests may appear; (ixviii) be evidenced by delivery to Lessor and any Lender designated by Lessor of an ▇▇▇▇▇ Form 28 for property property, business interruption and boiler & machinery coverage (or any other form requested by Lessor) and an ▇▇▇▇▇ Form 25 for commercial general liability, automobile liability, workers’ compensation and umbrella coverage (or any other form requested by Lessor); provided that in the event that either such form is no longer available, such evidence of insurance shall be in a form reasonably satisfactory to Lessor and any Lender designated by Lessor; and (xix) be issued by insurance companies licensed to do business in the states where the Properties are Property is located and which are rated no less than A-X by Best’s Insurance Guide or are otherwise approved by Lessor.

Appears in 1 contract

Sources: Lease Agreement (Iec Electronics Corp)

Insurance Provisions. All insurance policies shall: (i) provide (A) for a waiver of subrogation by the insurer as to claims against LessorLandlord, its employees and agents; (B) that the insurer shall not deny a claim and that such insurance cannot be unreasonably cancelled, invalidated or suspended on account of the conduct of Lessee, its officers, directors, employees or agents, or anyone acting for Lessee or any subtenant or other occupant of the Properties; and (C) that any losses otherwise payable thereunder shall be payable notwithstanding any act or omission of Lessor or Lessee which might, absent such provision, result in a forfeiture of all or a part of such insurance payment; (ii) be primary and provide that any “other insurance” clause in the insurance policy shall exclude any policies of insurance maintained by Lessor Landlord and the insurance policy shall not be brought into contribution with insurance maintained by LessorLandlord; (iii) contain deductibles not to exceed $50,000 (or $100,000 with respect 25,000, except that the deductible for earthquake insurance may be in an amount equal to flood insurance)5% of the amount of coverage; (iv) contain a standard non-contributory non‑contributory mortgagee clause or endorsement in favor of any Lender designated by LessorLandlord; (v) provide that the policy of insurance shall not be terminated, cancelled or amended in any manner that is inconsistent with the requirements of this Lease without at least thirty (30) days’ prior written notice to Lessor Landlord and to any Lender that Lessee has received written notice of that is covered by any standard mortgagee clause or endorsement, or if the insurer will not agree to provide such notice to Landlord, provide that Tenant will notify Landlord within ten (10) days after Tenant’s receipt of such notice from the insurer; (vi) provide that the insurer shall not have the option to restore the Properties Premises if Lessor Landlord elects to terminate this Lease in accordance with the terms hereof; (vii) be in amounts sufficient at all times to satisfy any coinsurance requirements thereof; (viii) except for workers’ compensation insurance referred to in Section 6.03(a)(iii) above, name Lessor Landlord and any Lessor Landlord Affiliate or Lender requested by LessorLandlord, as an “additional insured” with respect to general liability insurance, and as a an additional named insured” or “additional insured” with respect to real propertyproperty and rental value insurance, and as a “loss payee” with respect to all real property as appropriate and as their interests may appear; (ixviii) be evidenced by delivery to Lessor Landlord and any Lender designated by Lessor Landlord of an ▇▇▇▇▇ Form 28 for property property, business interruption and boiler & machinery coverage (or any other form requested by LessorLandlord) and an ▇▇▇▇▇ Form 25 for commercial general liability, workers’ compensation and umbrella coverage (or any other form requested by LessorLandlord); provided that in the event that either such form is no longer available, such evidence of insurance shall be in a form reasonably satisfactory to Lessor Landlord and any Lender designated by LessorLandlord; and (xix) be issued by insurance companies licensed to do business in the states state where the Properties are Premises is located and which are rated no less than A-X by Best’s Insurance Guide or are otherwise approved by LessorLandlord.

Appears in 1 contract

Sources: Lease Agreement (Modiv Inc.)

Insurance Provisions. All insurance policies shall: (i) provide (A) for a waiver of subrogation by the insurer as to claims against Lessor, its employees and agents; (B) that the insurer shall not deny a claim and that such insurance cannot be unreasonably cancelled, invalidated or suspended on account of the conduct of Lessee, its officers, directors, employees or agents, or anyone acting for Lessee or any subtenant or other occupant of the Properties; and (C) that any losses otherwise payable thereunder shall be payable notwithstanding any act or omission of Lessor or Lessee which might, absent such provision, result in a forfeiture of all or a part of such insurance payment; (ii) be primary and provide that any “other insurance” clause in the insurance policy shall exclude any policies of insurance maintained by Lessor and the insurance policy shall not be brought into contribution with insurance maintained by Lessor; (iii) contain deductibles not to exceed $50,000 (or $100,000 with respect to flood insurance)25,000; (iv) contain a standard non-contributory mortgagee clause or endorsement in favor of any Lender designated by Lessor; (v) provide that the policy of insurance shall not be terminated, cancelled or amended in any manner that is inconsistent with the requirements of this Lease without at least thirty (30) days’ prior written notice to Lessor and to any Lender that Lessee has received written notice of that is covered by any standard mortgagee clause or endorsement; (vi) provide that the insurer shall not have the option to restore the Properties if Lessor elects to terminate this Lease in accordance with the terms hereof; (vii) be in amounts sufficient at all times to satisfy any coinsurance requirements thereof; (viii) except for workers’ compensation insurance referred to in Section 6.03(a)(iii) above, name Lessor and any Lessor Affiliate or Lender requested by Lessor, as an “additional insured” with respect to general liability insurance, and as a an additional named insured” or “additional insured” with respect to real propertyproperty and rental value insurance, and as a “loss payee” with respect to all real property as appropriate and as their interests may appear; (ix) be evidenced by delivery to Lessor and any Lender designated by Lessor of an A▇▇▇▇ Form 28 for property property, business interruption and boiler & machinery coverage (or any other form requested by Lessor) and an A▇▇▇▇ Form 25 for commercial general liability, workers’ compensation and umbrella coverage (or any other form requested by Lessor); provided that in the event that either such form is no longer available, such evidence of insurance shall be in a form reasonably satisfactory to Lessor and any Lender designated by Lessor; and (x) be issued by insurance companies licensed to do business in the states where the Properties are located and which are rated no less than A-X by Best’s Insurance Guide or are otherwise approved by Lessor.

Appears in 1 contract

Sources: Master Lease Agreement (ARC Group, Inc.)

Insurance Provisions. All insurance policies shall: (i) provide (A) for a waiver of subrogation by the insurer as to claims against Lessor▇▇▇▇▇▇, its employees and agents; (B) that the insurer shall not deny a claim and that such insurance cannot be unreasonably cancelled, invalidated or suspended on account of the conduct of Lessee, its officers, directors, employees or agents, or anyone acting for Lessee or any subtenant or other occupant of the Properties; and (C) that any losses otherwise payable thereunder shall be payable notwithstanding any act or omission of Lessor or Lessee which might, absent such provision, result in a forfeiture of all or a part of such insurance payment; (ii) be primary and provide that any “other insurance” clause in the insurance policy shall exclude any policies of insurance maintained by Lessor and the insurance policy shall not be brought into contribution with insurance maintained by Lessor; (iii) contain deductibles not to exceed $50,000 350,000 for all coverages except the deductible for (A) “all risk” policies shall not exceed $750,000, (B) named storm coverage shall not exceed the greater of five percent (5%) of the insured value or $100,000 with respect to flood insurance)500,000, (C) earthquake coverage shall not exceed the greater of two percent (2%) of the insured value or $500,000, and (D) commercial general liability shall not exceed $150,000; (iv) contain a standard non-contributory mortgagee clause or endorsement in favor of any Lender designated by Lessor▇▇▇▇▇▇; (v) provide that the policy of insurance shall not be terminated, terminated or cancelled or amended in any manner that is inconsistent with the requirements of this Lease without at least thirty (30) days’ prior written notice to Lessor and to any Lender that Lessee has received written notice of that is covered by any standard mortgagee clause or endorsement; (vi) provide that the insurer shall not have the option to restore the Properties if Lessor elects to terminate this Lease in accordance with the terms hereof; (vii) be in amounts sufficient at all times to satisfy any coinsurance requirements thereof; (viii) except for workers’ compensation insurance referred to in Section 6.03(a)(iii) above, name Lessor and any Lessor Affiliate or Lender requested by Lessor▇▇▇▇▇▇, as an “additional insured” with respect to general liability insurance, and as a an additional named insured” or “additional insured” with respect to real propertyproperty and rental value insurance, and as a “loss payee” with respect to all real property as appropriate and as their interests may appear; (ixvii) be evidenced by delivery to Lessor and any Lender designated by Lessor of an ▇▇▇▇▇ Form 28 for property property, business interruption and boiler & machinery coverage (or any other form requested by Lessor) and an ▇▇▇▇▇ Form 25 for commercial general liability, workers’ compensation and umbrella coverage (or any other form requested by Lessor); provided that in the event that either such form is no longer available, such evidence of insurance shall be in a form reasonably satisfactory to Lessor and any Lender designated by Lessor; and (xviii) be issued by insurance companies licensed to do business in the states where the Properties are located and which are rated no less than A-X by Best’s Insurance Guide or are otherwise approved by Lessor.

Appears in 1 contract

Sources: Master Lease Agreement (Ampco Pittsburgh Corp)

Insurance Provisions. All insurance policies shall: (i) provide (A) for a waiver of subrogation by the insurer as to claims against Lessor, its employees and agents; (B) that the insurer shall not deny a claim and that such insurance cannot be unreasonably cancelled, invalidated or suspended on account of the conduct of Lessee, its officers, directors, employees or agents, or anyone acting for Lessee or any subtenant or other occupant of the Properties; and (C) that any losses otherwise payable thereunder shall be payable notwithstanding any act or omission of Lessor or Lessee which might, absent such provision, result in a forfeiture of all or a part of such insurance payment; (ii) be primary and provide that any “other insurance” clause in the insurance policy shall exclude any policies of insurance maintained by Lessor and the insurance policy shall not be brought into contribution with insurance maintained by Lessor; (iii) contain deductibles not to exceed $50,000 (or $100,000 with respect to flood insurance)25,000.00; (iv) contain a standard non-contributory mortgagee clause or endorsement in favor of any Lender designated by Lessor; (v) provide that the policy of insurance shall not be terminated, cancelled or amended in any manner that is inconsistent with the requirements of this Lease without at least thirty (30) days’ prior written notice to Lessor and to any Lender that Lessee has received written notice of that is covered by any standard mortgagee clause or endorsement; (vi) provide that the insurer shall not have the option to restore the Properties if Lessor elects to terminate this Lease in accordance with the terms hereof; (vii) be in amounts sufficient at all times to satisfy any coinsurance requirements thereof; (viii) except for workers’ compensation insurance referred to in Section 6.03(a)(iii) above, name Lessor and any Lessor Affiliate or Lender requested by Lessor, as an “additional insured” with respect to general liability insurance, as a “named insured” with respect to real property, and as a “loss payee” with respect to all real property insurance, as appropriate and as their interests may appear; (ix) be evidenced by delivery to Lessor and any Lender designated by Lessor of an ▇▇▇▇▇ Form 28 for property property, rental value and boiler & machinery coverage (or any other form requested by Lessor) and an ▇▇▇▇▇ Form 25 for commercial general liability, workers’ compensation and umbrella coverage (or any other form requested by Lessor); provided that in the event that either such form is no longer available, such evidence of insurance shall be in a form reasonably satisfactory to Lessor and any Lender designated by Lessor; and (x) be issued by insurance companies licensed to do business in the states where the Properties are located and which are rated no less than A-X by Best’s Insurance Guide or are otherwise approved by Lessor.

Appears in 1 contract

Sources: Master Lease Agreement (21st Century Oncology Holdings, Inc.)

Insurance Provisions. All insurance policies shall: (i) provide (A) for a waiver of subrogation by the insurer as to claims against Lessor, its employees and agents; (B) that the insurer shall not deny a claim and that such insurance cannot be unreasonably cancelled, invalidated or suspended on account of the conduct of Lessee, its officers, directors, employees or agents, or anyone acting for Lessee or any subtenant or other occupant of the Properties; and (C) that any losses otherwise payable thereunder shall be payable notwithstanding any act or omission of Lessor or Lessee which might, absent such provision, result in a forfeiture of all or a part of such insurance payment; (ii) be primary and provide that any “other insurance” clause in the insurance policy shall exclude any policies of insurance maintained by Lessor and the insurance policy shall not be brought into contribution with insurance maintained by Lessor; (iii) contain deductibles not to exceed $50,000 (or $100,000 with respect to flood insurance)25,000.00; (iv) contain a standard non-contributory mortgagee clause or endorsement in favor of any Lender designated by Lessor; (v) provide that the policy of insurance shall not be terminated, cancelled or amended in any manner that is inconsistent with the requirements of this Lease without at least thirty (30) days’ prior written notice to Lessor and to any Lender that Lessee has received written notice of that is covered by any standard mortgagee clause or endorsementendorsement deleting “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives” language; (vi) provide that the insurer shall not have the option to restore the Properties if Lessor elects to terminate this Lease in accordance with the terms hereof; (vii) be in amounts sufficient at all times to satisfy any coinsurance requirements thereof; (viii) except for workers’ compensation insurance referred to in Section 6.03(a)(iii) above, name Lessor and any Lessor Affiliate or Lender requested by Lessor, as an “additional insured” with respect to general liability insurance, as a “named insured” with respect to real property, and as a “loss payee” with respect to all real property property, and rental value insurance, as appropriate and as their interests may appear; (ix) be evidenced by delivery to Lessor and any Lender designated by Lessor of an ▇▇▇▇▇ Form 28 for property property, rental value and boiler & machinery coverage (or any other form requested by Lessor) and an ▇▇▇▇▇ Form 25 for commercial general liability, workers’ compensation and umbrella coverage (or any other form requested by Lessor); provided that in the event that either such form is no longer available, such evidence of insurance shall be in a form reasonably satisfactory to Lessor and any Lender designated by Lessor; and (x) be issued by insurance companies licensed to do business in the states where the Properties are located and which are rated no less than A-X :X or better by Best’s Insurance Guide or are otherwise approved by Lessor. (xi) be issued without a Protective Safeguard Endorsement or Warranties.

Appears in 1 contract

Sources: Master Lease Agreement (21st Century Oncology Holdings, Inc.)

Insurance Provisions. All insurance policies shall: (i) provide (A) for a waiver of subrogation by the insurer as to claims against Lessor▇▇▇▇▇▇, its employees and agents; (B) that the insurer shall not deny a claim and that such insurance cannot be unreasonably cancelled, invalidated or suspended on account of the conduct of Lessee, its officers, directors, employees or agents, or anyone acting for Lessee or any subtenant or other occupant of the Properties; and (C) that any losses otherwise payable thereunder shall be payable notwithstanding any act or omission of Lessor or Lessee which might, absent such provision, result in a forfeiture of all or a part of such insurance payment; (ii) be primary and provide that any “other insurance” clause in the insurance policy shall exclude any policies of insurance maintained by Lessor and the insurance policy shall not be brought into contribution with insurance maintained by Lessor; (iii) contain deductibles not to exceed $50,000 (or $100,000 150,000 or, with respect to flood insurance)earthquake insurance only, 5% of total insurable value per unit of insurance subject to a $25,000 minimum per occurrence; (iv) contain a standard non-contributory mortgagee clause or endorsement in favor of any Lender designated by Lessor▇▇▇▇▇▇; (v) provide that the policy of insurance shall not be terminated, cancelled or amended in any manner that is inconsistent with the requirements of this Lease without at least thirty (30) days’ prior written notice to Lessor and to any Lender that Lessee has received written notice of that is covered by any standard mortgagee clause or endorsement; (vi) provide that the insurer shall not have the option to restore the Properties if Lessor elects to terminate this Lease in accordance with the terms hereof; (vii) be in amounts sufficient at all times to satisfy any coinsurance requirements thereof; (viii) except for workers’ compensation insurance referred to in Section 6.03(a)(iii) above, name Lessor and any Lessor Affiliate or Lender requested by Lessor▇▇▇▇▇▇, as an “additional insured” with respect to general liability insurance, and as a an additional named insured” or “additional insured” with respect to real propertyproperty and rental value insurance, and as a “loss payee” with respect to all real property as appropriate and as their interests may appear; (ix) be evidenced by delivery to Lessor and any Lender designated by Lessor of an ▇▇▇▇▇ Form 28 for property property, business interruption and boiler & machinery coverage (or any other form requested by Lessor) and an ▇▇▇▇▇ Form 25 for commercial general liability, workers’ compensation and umbrella coverage (or any other form requested by Lessor); provided that in the event that either such form is no longer available, such evidence of insurance shall be in a form reasonably satisfactory to Lessor and any Lender designated by Lessor; and (x) be issued by insurance companies licensed to do business in the states where the Properties are located and which are rated no less than A-X by Best’s Insurance Guide or are otherwise approved by Lessor.

Appears in 1 contract

Sources: Master Lease Agreement (Local Bounti Corporation/De)