Common use of Insurance; Waiver of Subrogation Clause in Contracts

Insurance; Waiver of Subrogation. 21.1 Commencing prior to Tenant’s first entry onto the Premises for purposes of installing any improvements, fixtures or personal property, but no later than the Term Commencement Date, and continuing at all times during the term of this Lease, Tenant shall maintain, at Tenant’s expense, commercial general liability insurance, on an occurrence basis, insuring Tenant and Tenant’s agents, employees and independent contractors against all bodily injury, property damage, personal injury and other covered loss arising out of the use, occupancy, improvement and maintenance of the Premises and the business operated by Tenant, or any other occupant, on the Premises. Such insurance shall have a minimum combined single limit of liability per occurrence of not less than $ 1,000,000.00 and a general aggregate limit of $2,000,000.00. Such insurance shall: (i) name Landlord, and Landlord’s lenders if required by such lenders, and any management company retained to manage the Premises if requested by Landlord, as additional insureds; (ii) include broad form contractual liability coverage insuring Tenant’s indemnity obligations under Section 20.1; (iii) include products liability coverage (with limits of $2,000,000.00 on a “claims made” basis), boiler and machinery liability coverage, and products completed operations coverage; (iv) provide that it is primary coverage and noncontributing with any insurance maintained by Landlord or Landlord’s lenders, which shall be excess insurance with respect only to losses arising out of Tenant’s negligence; and (v) provide for severability of interests or include a cross-liability endorsement, such that an act or omission of an insured shall not reduce or avoid coverage of other insureds.

Appears in 2 contracts

Samples: Lease (Biocept Inc), Lease (Biocept Inc)

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Insurance; Waiver of Subrogation. 21.1 Commencing prior to Tenant’s first entry onto the Premises for purposes of installing any improvements, fixtures or personal property, but no later than the Term Commencement Date, and continuing at all times during the term of this Lease, Tenant shall maintain, at Tenant’s expense, commercial general liability insurance, on an occurrence basis, insuring Tenant and Tenant’s agents, employees and independent contractors against all bodily injury, property damage, personal injury and other covered loss arising out of the use, occupancy, improvement and maintenance of the Premises and the business operated by Tenant, or any other occupant, on the Premises. Such insurance shall have a minimum combined single limit of liability per occurrence of not less than $ 1,000,000.00 $2,000,000 and a general aggregate limit of $2,000,000.004,000,000. Such insurance shall: (i) name Landlord, and Landlord’s lenders if required by such lenders, and any management company retained to manage the Premises Project if requested by Landlord, as additional insureds; (ii) include a broad form contractual liability coverage endorsement insuring Tenant’s indemnity obligations under Section 20.1; (iii) include products liability coverage (with limits of $2,000,000.00 on a “claims made” basis), boiler and machinery liability coverage, and products completed operations coverage; (iv) provide that it is primary coverage and noncontributing with any insurance maintained by Landlord or Landlord’s lenders, which shall be excess insurance with respect only to losses arising out of Tenant’s negligence; and (viv) provide for severability of interests or include a cross-liability endorsement, such that an act or omission of an insured shall not reduce or avoid coverage of other insureds.

Appears in 2 contracts

Samples: Lease (Genelux Corp), Lease (Genelux Corp)

Insurance; Waiver of Subrogation. 21.1 Commencing prior to Tenant’s 's first entry onto the Premises for purposes of installing any improvements, fixtures or personal property, but no later than the Term Commencement Date, and continuing at all times during the term of this Lease, Tenant shall maintain, at Tenant’s 's expense, commercial general liability insurance, on an occurrence basis"occurrence" basis (or on a "claims made" basis if "occurrence" basis insurance is not available on commercially reasonable terms), insuring Tenant and Tenant’s 's agents, employees and independent contractors against all bodily injury, property damage, personal injury and other covered loss arising out of the use, occupancy, improvement and maintenance of the Premises and the business operated by Tenant, or any other occupant, occupant on the Premises. Such insurance shall have a minimum combined single limit of liability per occurrence of not less than $ 1,000,000.00 $2,000,000.00 and a general aggregate limit of $2,000,000.004,000,000.00. Such insurance shall: (i) name Landlord, and Landlord’s 's lenders if required by such lenders, and any management company retained to manage the Premises if requested by Landlord, as additional insureds; : (ii) include a broad form contractual liability coverage endorsement insuring Tenant’s 's indemnity obligations under Section 20.1; (iii) include a products liability coverage endorsement (with limits of $2,000,000.00 on a "claims made" basis), a boiler and machinery liability coverageendorsement, and a products completed operations coveragecoverage endorsement; (iv) provide that it is primary coverage and noncontributing with any insurance maintained by Landlord or Landlord’s 's lenders, . which shall be excess insurance with respect only to losses arising out of Tenant’s 's negligence; and (v) provide for severability of interests or include a cross-cross- liability endorsement, such that an act or omission of an insured shall not reduce or avoid coverage of other insureds; and (vi) provide for a deductible of not more than $100,000.00 per claim.

Appears in 1 contract

Samples: Sublease Agreement (Amylin Pharmaceuticals Inc)

Insurance; Waiver of Subrogation. 21.1 Commencing prior to Tenant’s 's first entry onto the Premises for purposes of installing any improvements, fixtures or personal property, but no later than the Term Commencement Date, and continuing at all times during the term of this Lease, Tenant shall maintain, at Tenant’s 's expense, commercial general liability insurance, on an occurrence basis, insurance insuring Tenant and Tenant’s agents, 's agents and employees and independent contractors against all bodily injury, property damage, personal injury and other covered loss arising out of the use, occupancy, improvement and maintenance of the Premises and the business operated by Tenant, or any other occupant, on the Premises. Such insurance shall have a minimum combined single limit of liability per occurrence of not less than $ 1,000,000.00 $1,000,000 and a general aggregate limit of $2,000,000.002,000,000. Such insurance shall: (i) name Landlord, and Landlord’s 's lenders (if required by such lenders), Ground Lessor, Ground Tenant, the District, and any management company retained to manage the Premises (if requested by Landlord), as additional insureds; (ii) include broad form contractual liability coverage insuring Tenant’s indemnity obligations under Section 20.1; (iii) include products liability coverage (with limits of $2,000,000.00 on a “claims made” basis), boiler and machinery liability coverage, and products completed operations coverage; (iv) provide that it is primary coverage and noncontributing with any insurance maintained by Landlord Landlord, Landlord's lenders, Ground Lessor, Ground Tenant, or Landlord’s lendersthe District, which shall be excess insurance with respect only to losses arising out of Tenant’s 's negligence; and (viv) provide for severability of interests or not include a cross-liability endorsementexclusion, such so that an act or omission of an insured shall not reduce or avoid coverage of other insureds; and (v) provide for a deductible of not more than $25,000 per claim.

Appears in 1 contract

Samples: Lease (Globix Corp)

Insurance; Waiver of Subrogation. 21.1 Commencing prior to Tenant’s 's first entry onto the Premises for purposes of installing any improvements, fixtures or personal property, but no later than the Term Commencement Date, and continuing at all times during the term of this Lease, Tenant shall maintain, at Tenant’s 's expense, commercial general liability insurance, on an occurrence basis, insuring Tenant and Tenant’s 's agents, employees and independent contractors against all bodily injury, property damage, personal injury and other covered loss arising out of the use, occupancy, improvement and maintenance of the Premises and the business operated by Tenant, or any other occupant, on the Premises. Such insurance shall have a minimum combined single limit of liability per occurrence of not less than $ 1,000,000.00 $2,000,000 and a general aggregate limit of $2,000,000.004,000,000. Such insurance shall: (i) name Landlord, and Landlord’s 's lenders if required by such lenders, and any management company retained to manage the Premises Project if requested by Landlord, as additional insureds; (ii) include a broad form contractual liability coverage endorsement insuring Tenant’s 's indemnity obligations under Section 20.1; (iii) include products liability coverage (with limits of $2,000,000.00 on a “claims made” basis), boiler and machinery liability coverage, and products completed operations coverage; (iv) provide that it is primary coverage and noncontributing with any insurance maintained by Landlord or Landlord’s 's lenders, which shall be excess insurance with respect only to losses arising out of Tenant’s 's negligence; and (viv) provide for severability of interests or include a cross-liability endorsement, such that an act or omission of an insured shall not reduce or avoid coverage of other insureds.

Appears in 1 contract

Samples: Lease (Aethlon Medical Inc)

Insurance; Waiver of Subrogation. 21.1 Commencing prior to Tenant’s 's first entry onto the 'Premises for purposes of installing any improvements, fixtures or personal property, but no later than the Term Commencement Date, and continuing at all times during the term of this Lease, Tenant shall maintain, at Tenant’s 's expense, commercial general liability insurance, on an occurrence basis, insuring Tenant and Tenant’s 's agents, employees and independent contractors against all bodily injury, property damage, personal injury and other covered loss arising out of the use, occupancy, improvement and maintenance of the Premises and the business operated by Tenant, or any other occupant, on the Premises. Such insurance shall have a minimum combined single limit of liability per occurrence of not less than $ 1,000,000.00 $5,000,000,00 and a general aggregate limit of $2,000,000.005,000,000.00. Such insurance shall: (i) name Landlord, and Landlord’s 's lenders if required by such lenders, and any management company retained to manage the Premises if requested by Landlord, as additional insureds; (iiLi) include a broad form contractual liability coverage endorsement insuring Tenant’s 's indemnity obligations under Section 20.1; (iii) include a products liability coverage (with limits of $2,000,000.00 on endorsement, a “claims made” basis), boiler and machinery liability coverageendorsement, and a products completed operations coveragecoverage endorsement; (iv) provide that it is primary coverage and noncontributing with any insurance maintained by Landlord or Landlord’s 's lenders, which shall be excess insurance with respect only to losses arising out of Tenant’s 's negligence; and (v) provide for severability of interests or include a crossxxxxx-liability endorsement, such that an act or omission of an insured shall not reduce or avoid coverage of other insureds.

Appears in 1 contract

Samples: Sublease Agreement (Affymetrix Inc)

Insurance; Waiver of Subrogation. 21.1 Commencing prior to Tenant’s first entry onto the Premises for purposes of installing any improvements, fixtures or personal property, but no later than the Term Commencement Date, and continuing at all times during the term of this Lease, Tenant shall maintain, at Tenant’s expense, commercial general liability insurance, on an occurrence basis“occurrence” basis (or on a “claims made” basis if “occurrence” basis insurance is not available on commercially reasonable terms), insuring Tenant and Tenant’s agents, employees and independent contractors against all bodily injury, property damage, personal injury and other covered loss arising out of the use, occupancy, improvement and maintenance of the Premises and the business operated by Tenant, or any other occupant, on the Premises. Such insurance shall have a minimum combined single limit of liability per occurrence of not less than $ 1,000,000.00 $2,000,000.00 and a general aggregate limit of $2,000,000.004,000,000.00. Such insurance shall: (i) name Landlord, and Landlord’s lenders if required by such lenders, and any management company retained to manage the Premises if requested by Landlord, as additional insureds; (ii) include a broad form contractual liability coverage endorsement insuring Tenant’s indemnity obligations under Section 20.1; (iii) include a products liability coverage endorsement (with limits of $2,000,000.00 on a “claims made” basis), a boiler and machinery liability coverageendorsement, and a products completed operations coveragecoverage endorsement; (iv) provide that it is primary coverage and noncontributing with any insurance maintained by Landlord or Landlord’s lenders, which shall be excess insurance with respect only to losses arising out of Tenant’s negligence; and (v) provide for severability of interests or include a cross-liability endorsement, such that an act or omission of an insured shall not reduce or avoid coverage of other insureds; and (vi) provide for a deductible of not more than $100,000.00 per claim.

Appears in 1 contract

Samples: Sublease (Salmedix Inc)

Insurance; Waiver of Subrogation. 21.1 Commencing prior to Tenant’s first entry onto the Premises for purposes of installing any improvements, fixtures or personal property, but no later than the Term Commencement Date, and continuing at all times during the term of this Lease, Tenant shall maintain, at Tenant’s expense, commercial general liability insurance, on an occurrence basis, insuring Tenant and Tenant’s agents, employees and independent contractors against all bodily injury, property damage, personal injury and other covered loss arising out of the use, occupancy, improvement and maintenance of the Premises and the business operated by Tenant, or any other occupant, on the Premises. Such insurance shall have a minimum combined single limit of liability per occurrence of not less than $ $1,000,000.00 and a general aggregate limit of $2,000,000.00. Such insurance shall: (i) name Landlord, and Landlord’s lenders if required by such lenders, and any management company retained to manage the Premises if requested by Landlord, as additional insureds; (ii) include a broad form contractual liability coverage endorsement insuring Tenant’s indemnity obligations under Section 20.1; (iii) include products liability coverage (with limits of $2,000,000.00 on a “claims made” basis), boiler and machinery liability coverageendorsement, and a products completed operations coveragecoverage endorsement; (iv) provide that it is primary coverage and noncontributing with any insurance maintained by Landlord or Landlord’s lenders, which shall be excess insurance with respect only to losses arising out of Tenant’s negligence; and (v) provide for severability of interests or include a cross-liability endorsement, such that an act or omission of an insured shall not reduce or avoid coverage of other insureds.

Appears in 1 contract

Samples: Lease (Salmedix Inc)

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Insurance; Waiver of Subrogation. 21.1 Commencing prior to Tenant’s first entry onto the Premises for purposes of installing any improvements, fixtures or personal property, but no later than the Term Commencement Date, and continuing at all times during the term of this Lease, Tenant shall maintain, at Tenant’s expense, commercial general liability insurance, on an occurrence basis, insuring Tenant and Tenant’s agents, employees and independent contractors against all bodily injury, property damage, personal injury and other covered loss arising out of the use, occupancy, improvement and maintenance of the Premises and the business operated by Tenant, or any other occupant, on the Premises. Such insurance shall have a minimum combined single limit of liability per occurrence of not less than $ $1,000,000.00 and a general aggregate limit of $2,000,000.00. Such insurance shall: (i) name Landlord, and Landlord’s lenders if required by such lenders, and any management company retained to manage the Premises if requested by Landlord, as additional insureds; (ii) include a broad form contractual liability coverage endorsement insuring Tenant’s indemnity obligations under Section 20.1; (iii) include a products liability coverage endorsement (with limits of $2,000,000.00 on a “claims made” basis), boiler and machinery liability coverage, and products completed operations coverage; (iv) provide that it is primary coverage and noncontributing with any insurance maintained by Landlord or Landlord’s lenders, which shall be excess insurance with respect only to losses arising out of Tenant’s negligence; and (v) provide for severability of interests or include a cross-liability endorsementinterests, such that an act or omission of an insured shall not reduce or avoid coverage of other insureds.

Appears in 1 contract

Samples: Lease (Acucela Inc)

Insurance; Waiver of Subrogation. 21.1 Commencing prior to Tenant’s 's first entry onto the Premises for purposes of installing any improvements, fixtures or personal property, but no later than the Term Commencement Date, and continuing at all times during the term of this Lease, Tenant shall maintain, at Tenant’s 's expense, commercial general liability insurance, on an occurrence basis, insuring Tenant and Tenant’s 's agents, employees and independent contractors against all bodily injury, property damage, personal injury and other covered loss arising out of the use, occupancy, improvement and maintenance of the Premises and the business operated by Tenant, or any other occupant, on the Premises. Such insurance shall have a minimum combined single limit of liability per occurrence of not less than $ $1,000,000.00 and a general aggregate limit of $2,000,000.00. Such insurance shall: (i) name Landlord, and Landlord’s 's lenders if required by such lenders, and any management company retained to manage the Premises if requested by Landlord, as additional insureds; (ii) include a broad form contractual liability coverage endorsement insuring Tenant’s 's indemnity obligations under Section 20.1; (iii) include a products liability coverage endorsement (with limits of $2,000,000.00 on a "claims made" basis), boiler and machinery liability coverage, and products completed operations coverage; (iv) provide that it is primary coverage and noncontributing with any insurance maintained by Landlord or Landlord’s 's lenders, which shall be excess insurance with respect only to losses arising out of Tenant’s 's negligence; and (v) provide for severability of interests or include a cross-liability endorsementinterests, such that an act or omission of an insured shall not reduce or avoid coverage of other insureds.

Appears in 1 contract

Samples: Epoch Biosciences Inc

Insurance; Waiver of Subrogation. 21.1 Commencing prior to Tenant’s 's first entry onto the Premises for purposes of installing any improvements, fixtures or personal property, but no later than the Term Commencement Date, and continuing at all times during the term of this Lease, Tenant shall maintain, at Tenant’s 's expense, commercial general liability insurance, on an occurrence basis, insuring Tenant and Tenant’s 's agents, employees and independent contractors against all bodily injury, property damage, personal injury and other covered loss arising out of the use, occupancy, improvement and maintenance of the Premises and the business operated by Tenant, or any other occupant, on the Premises. Such insurance shall have a minimum combined single limit of liability per occurrence of not less than $ $1,000,000.00 and a general aggregate limit of $2,000,000.00. Such insurance shall: (i) name Landlord, and Landlord’s 's lenders if required by such lenders, and any management company retained to manage the Premises if requested by Landlord, as additional insureds; (ii) include a broad form contractual liability coverage endorsement insuring Tenant’s 's indemnity obligations under Section 20.1; (iii) include a products liability coverage endorsement (with limits of $2,000,000.00 on a "claims made" basis), a boiler and machinery liability coverageendorsement, and a products completed operations coveragecoverage endorsement; (iv) provide that it is primary coverage and noncontributing with any insurance maintained by Landlord or Landlord’s 's lenders, which shall be excess insurance with respect only to losses arising out of Tenant’s 's negligence; and (v) provide for severability of interests or include a cross-liability endorsement, such that an act or omission of an insured shall not reduce or avoid coverage of other insureds.

Appears in 1 contract

Samples: Lease (Cytel Corp/De)

Insurance; Waiver of Subrogation. 21.1 Commencing prior to Tenant’s 's first entry onto the Premises for purposes of installing any improvements, fixtures or personal property, but no later than the Term Commencement Dateconstructing Tenant's Improvements, and continuing at all times during the term of this Lease, Tenant shall maintain, at Tenant’s expense's expense and without any cost or expense to Landlord, or any reimbursement or contribution by Landlord, commercial general liability insurance, on an occurrence basisbasis (or on a claims made basis as long as Tenant makes adequate arrangements for claims made after the expiration of the term or earlier termination of the Lease for occurrences during the term of the Lease), insuring Tenant and Tenant’s 's agents, employees and independent contractors against all bodily injury, property damage, personal injury and other covered loss arising out of the use, occupancy, improvement and maintenance of the Premises and the business operated by Tenant, or any other occupant, on the Premises. Such insurance shall have a minimum combined single limit of liability per occurrence of not less than $ 1,000,000.00 $3,000,000.00 and a general aggregate limit of $2,000,000.003,000,000.00. Such insurance shall: (i) name Landlord, and Landlord’s 's lenders if required by such lenders, and any management company retained to manage the Premises if requested by Landlord, as additional insureds; (ii) include a broad form contractual liability coverage endorsement insuring Tenant’s 's indemnity obligations under Section 20.1; (iii) include products liability coverage (with limits of $2,000,000.00 on a “claims made” basis), boiler and machinery liability coverageendorsement, and a products completed operations coveragecoverage endorsement; (iv) provide that it is primary coverage and noncontributing with any insurance maintained by Landlord or Landlord’s 's lenders, which shall be excess insurance with respect only to losses arising out of Tenant’s 's negligence; and (v) provide for severability of interests or include a cross-liability endorsement, such that an act or omission of an insured shall not reduce or avoid coverage of other insureds.

Appears in 1 contract

Samples: Warrant Purchase Agreement (Brocade Communications Systems Inc)

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