Common use of Insurance; Waiver of Subrogation Clause in Contracts

Insurance; Waiver of Subrogation. 24.1 Landlord shall maintain insurance for the Building and the Project (including, but not limited to, all equipment and improvements owned by Landlord and located in the Project) in amounts equal to full replacement cost (exclusive of the costs of excavation, foundations and footings, and without reference to depreciation taken by Landlord upon its books or tax returns) or such lesser coverage as Landlord may elect, provided that such coverage shall not be less than ninety percent (90%) of such full replacement cost or the amount of such insurance Landlord’s Lender, if any, requires Landlord to maintain, providing protection against any peril generally included within the classification “Fire and Extended Coverage,” together with insurance against sprinkler damage (if applicable), vandalism and malicious mischief. Landlord, subject to availability thereof, shall further insure, if Landlord deems it appropriate, coverage against flood, environmental hazard, earthquake, loss or failure of building equipment, rental loss during the period of repairs or rebuilding, workmen’s compensation insurance and fidelity bonds for employees employed to perform services. Notwithstanding the foregoing, Landlord may, but shall not be deemed required to, provide insurance for any improvements installed by Tenant or that are in addition to the standard improvements customarily furnished by Landlord, without regard to whether or not such are made a part of or are affixed to the Building. Notwithstanding the foregoing, Landlord acknowledges and agrees that the emergency generators serving the tenants of the Building shall be covered by Landlord’s insurance throughout the Term (or self-insured by Landlord, in which case the obligation to replace such self-insured equipment shall be treated under Article 25 as if such equipment was insured for 100% of its replacement value, without deductible).

Insurance; Waiver of Subrogation. 24.1 Landlord shall maintain property insurance for the Building and the Project (including, but not limited to, all equipment and improvements owned by Landlord and located in the Project) in amounts equal to full replacement cost (exclusive of the costs of excavation, foundations and footings, engineering costs or such other costs to the extent the same are not incurred in the event of a rebuild and without reference to depreciation taken by Landlord upon its books or tax returns) ). Such insurance shall be written on an “all risk” of physical loss or damage basis including the perils of fire, extended coverage, electrical injury, mechanical breakdown, windstorm (including named storms), vandalism, malicious mischief, sprinkler leakage, back-up of sewers or drains, flood, earthquake, terrorism and such lesser coverage as other risks Landlord may electfrom time to time designate, provided that such coverage shall not be less than ninety percent (90%) of such for the full replacement cost or value of the covered items with an agreed amount endorsement with no co-insurance. Landlord shall provide Workers’ Compensation on all employees performing services at the Premises and Employers’ Liability insurance with limits of such insurance Landlord’s Lendernot less than the following: each accident, if anyFive Hundred Thousand Dollars ($500,000); disease, requires Landlord to maintain, providing protection against any peril generally included within the classification “Fire and Extended Coverage,” together with insurance against sprinkler damage (if applicable$500,000); disease (each employee), vandalism and malicious mischief. Landlord, subject to availability thereof, shall further insure, if Landlord deems it appropriate, coverage against flood, environmental hazard, earthquake, loss or failure of building equipment, rental loss during the period of repairs or rebuilding, workmen’s compensation insurance and fidelity bonds for employees employed to perform servicesFive Hundred Thousand Dollars ($500,000). Notwithstanding the foregoing, Landlord may, but shall not be deemed required to, provide insurance for any Tenant Improvements or improvements installed by Tenant or that are in addition to the standard improvements customarily furnished by Landlord, without regard to whether or not such are made a part of or are affixed to the Building. Notwithstanding the foregoingIn addition, Landlord acknowledges shall carry Commercial General Liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence/general aggregate for bodily injury (including death), or property damage with respect to the Project. Tenant shall, at its own cost and agrees expense, procure and maintain during the Term the following insurance for the benefit of Tenant and Landlord (as their interests may appear) with insurers financially acceptable and lawfully authorized to do business in the state where the Premises are located: Commercial General Liability insurance on a broad-based occurrence coverage form, with coverages including but not limited to bodily injury (including death), property damage (including loss of use resulting therefrom), premises/operations, personal & advertising injury, and contractual liability with limits of liability of not less than $2,000,000 for bodily injury and property damage per occurrence, $2,000,000 general aggregate, which limits may be met by use of excess and/or umbrella liability insurance provided that such coverage is at least as broad as the emergency generators serving primary coverages required herein. Commercial Property insurance covering property damage to the tenants full replacement cost value. Covered property shall include all Tenant Improvements, Alterations or other work performed on the Premises by Tenant (collectively, “Tenant Work”). Such insurance shall be written on an “all risk” of physical loss or damage basis including the perils of fire, extended coverage, electrical injury, mechanical breakdown, windstorm, vandalism, malicious mischief, sprinkler leakage, back-up of sewers or drains, flood, earthquake, terrorism, for the full replacement cost value of the Building covered items with an agreed amount endorsement with no co- insurance. The perils of flood and earthquake may be subject to sublimits which shall not be covered by Landlordless than $10,000,000. Additionally, prior to commencing the Tenant’s Work and during the performance of any Tenant’s Work, Tenant shall maintain builder’s risk insurance throughout in an amount not less than the Term (or self-insured by Landlord, in full cost of the work being performed. Such property insurance may be provided on a blanket property insurance policy which case insures other property of Tenant that is not the obligation to replace such self-insured equipment shall be treated under Article 25 as if such equipment was insured for 100% subject of its replacement value, without deductible)this Lease.

Insurance; Waiver of Subrogation. 24.1 Landlord shall maintain insurance for LESSOR agrees to keep the Building --------------------------------- and LESSEE agrees to keep the Project (includingLeased Premises, but not limited toand all equipment, all equipment machinery and improvements owned by Landlord and located in the Project) fixtures therein insured in amounts equal to full replacement cost (exclusive the actual cash value of the costs of excavationsame, foundations against fire and footingsother perils included in a standard extended coverage endorsement, and without reference against breakdown of boilers and other machinery and equipment, and LESSEE agrees to depreciation taken procure and keep in force comprehensive general liability insurance indemnifying LESSOR against all claims and damages for any injury to or death of person or damage to property which may be claimed to have occurred upon or to have been caused by Landlord upon its books activities or tax returnsconditions within the Leased Premises and indemnifying LESSOR to the extent any such claims and demands are the responsibility or obligation of LESSEE pursuant to this Lease or as a matter of law, in amounts not less than One Million Dollars ($1,000,000) for property damage, Five Hundred Thousand Dollars ($500,000) for injury or such lesser coverage as Landlord may electdeath of one person, provided that such coverage and One Million Dollars ($1,000,000) for injury or death of more than one person in a single accident. All insurance required hereunder shall be written by insurance carriers qualified to do business and in good standing in Massachusetts and approved by LESSOR, which approval shall not be less than ninety percent (90%) unreasonably withheld. All policies of such full replacement cost or the amount of such insurance Landlord’s Lender, if any, requires Landlord to maintain, providing protection against any peril generally included within the classification “Fire and Extended Coverage,” together with insurance against sprinkler damage (if applicable), vandalism and malicious mischief. Landlord, subject to availability thereofinsurance, shall further insurename LESSOR and LESSEE as the insured parties. Each required policy of insurance shall provide that, if Landlord deems notwithstanding any act or omission of LESSEE which might otherwise result in forfeiture of said insurance: (a) it appropriate, coverage against flood, environmental hazard, earthquake, loss or failure of building equipment, rental loss during the period of repairs or rebuilding, workmen’s compensation insurance and fidelity bonds for employees employed to perform services. Notwithstanding the foregoing, Landlord may, but shall not be deemed required tocancelled nor its coverage reduced without at least ten (10) days prior written notice to each insured named therein, provide insurance for and (b) any improvements installed by Tenant proceeds shall be first payable to LESSOR or that are in addition to the standard improvements customarily furnished by Landlordholder of any mortgage encumbering the Leased Premises, without regard to whether or as their respective interests may appear. As of the commencement of the Term hereof, and thereafter not such are made a part of or are affixed less than fifteen (15) days prior to the Building. Notwithstanding the foregoing, Landlord acknowledges and agrees that the emergency generators serving the tenants expiration dates of the Building expiring policies, the original policies to be obtained by LESSEE hereto issued by the respective insurers or certificates thereof including photocopies of the original policies, shall be delivered to LESSOR. Any insurance carried by either party with respect to the Leased Premises or property therein or occurrences thereon shall include a clause or endorsement denying to the insurer rights of subrogation against the other party to the extent rights have been waived by the insured prior to occurrence of injury or loss. Each party, notwithstanding any provisions of this Lease to the contrary, hereby waives any rights of recovery against the other for injury of loss due to hazards covered by Landlord’s such insurance throughout to the Term (or self-insured by Landlord, in which case extent of the obligation to replace such self-insured equipment shall be treated under Article 25 as if such equipment was insured for 100% of its replacement value, without deductible)indemnification received thereunder.

Insurance; Waiver of Subrogation. 24.1 Landlord Tenant shall maintain carry insurance, and comply with the terms regarding such insurance, as set forth in Exhibit B. The insurance for the Building and the Project (including, but not limited to, all equipment and improvements owned required under this Lease shall be issued by Landlord and located companies qualified to do business in the Project) State of California and rated A: X or better in amounts equal “Best’s Key Rating Guide.” All policies shall be endorsed to full replacement cost (exclusive of the costs of excavation, foundations and footingsinclude Landlord, and without reference to depreciation taken by Landlord upon its books or tax returns) or such lesser coverage any mortgagees, property managers and other parties as Landlord may electspecify from time to time, provided that as additional insureds, as their interests may appear. Each policy shall provide expressly, in the form of such coverage policy or by endorsement that: (1) the policy shall not be less cancelled or altered in such a manner as adversely to affect the coverage afforded thereby without thirty (30) days’ prior written notice to Landlord and any mortgagee to whom a loss thereunder may be payable; (2) the coverage shall be primary and noncontributing with any insurance that may be carried by Landlord; (3) any loss shall be payable notwithstanding any act of negligence of any additional insured that might otherwise result in a forfeiture of coverage; (4) the word “Insured” is used therein severally and not collectively and insurance coverage thereunder shall apply as though a separate policy were issued to each insured, although the inclusion of more than ninety percent one insured party shall not operate to increase the limits of the insurer’s liability; and (90%5) for waiver of such full replacement cost or the amount of such insurance insurer’s rights to subrogation against Landlord’s Lender, if any, requires Landlord . With respect to maintain, providing protection against any peril generally included within the classification “Fire and Extended Coverage,” together with insurance against sprinkler damage (if applicable), vandalism and malicious mischief. Landlord, subject to availability thereof, shall further insure, if Landlord deems it appropriate, coverage against flood, environmental hazard, earthquake, loss or failure of building equipmentdamage resulting from any cause insured against by the insurance to be carried by Xxxxxx, rental loss during the period of repairs or rebuilding, workmen’s compensation and with respect to any similar insurance and fidelity bonds for employees employed to perform services. Notwithstanding the foregoing, Landlord may, but shall not be deemed required to, provide insurance for any improvements installed by Tenant or that are in addition to the standard improvements customarily furnished which is maintained by Landlord, without regard the parties hereto waive any and all rights of subrogation against the other, and each such party hereby agrees that it shall not make any claim against the other, or seek to whether recover from the other, for loss or not such are made a part of or are affixed damage to the Building. Notwithstanding the foregoingother, Landlord acknowledges or its property, or property of others under its control, which may be insured against by such insurance, and agrees that the emergency generators serving the tenants each party hereto shall give notice to any insurance carrier of the Building shall be covered by Landlord’s insurance throughout foregoing waiver of subrogation, and obtain a waiver of the Term (or self-insured by Landlordright to recovery against the other party hereto, in which case the obligation to replace such self-insured equipment shall be treated under Article 25 as if such equipment was insured for 100% of its replacement value, without deductible)agents and employees.

Insurance; Waiver of Subrogation. 24.1 23.1 Landlord shall maintain insurance for the Building and the Project (including, but not limited to, all equipment and improvements owned by Landlord and located in the Project) in amounts equal to full replacement cost (exclusive of the costs of excavation, foundations and footings, engineering costs or such other costs that would not be incurred in the event of a rebuild and without reference to depreciation taken by Landlord upon its books or tax returns) or such lesser coverage as Landlord may electelect so long as Landlord maintains Ordinance or Law Coverage for the Building, provided that such coverage shall not be less than ninety percent (90%) of such full replacement cost or the amount of such insurance Landlord’s Lender, if any, requires Landlord to maintain, providing protection against any peril generally included within the classification “Fire and Extended Coverage,” together with insurance against sprinkler damage (if applicable), vandalism and malicious mischief. Landlord, subject to availability thereof, shall further insure, if Landlord deems it appropriate, coverage against flood, environmental hazard, earthquake, loss or failure of building equipment, rental loss during the period of repairs or rebuilding, workmen’s compensation Workers’ Compensation insurance and fidelity bonds for employees employed to perform services. Notwithstanding the foregoing, Landlord may, but shall not be deemed required to, provide insurance for any improvements installed by Tenant or that are in addition to the standard improvements customarily furnished by Landlord, without regard to whether or not such are made a part of or are affixed to the Building. Notwithstanding the foregoing, Landlord acknowledges and agrees that the emergency generators serving the tenants of the Building shall be covered by Landlord’s insurance throughout the Term (or self-insured by Landlord, in which case the obligation to replace such self-insured equipment shall be treated under Article 25 as if such equipment was insured for 100% of its replacement value, without deductible).

Insurance; Waiver of Subrogation. 24.1 19.1 Landlord shall maintain carry insurance for upon the Building and its Improvements to the Project (includingextent such is insurable as part of the Building, but not limited to, all equipment and improvements owned by Landlord and located in the Project) in amounts an amount equal to (i) full replacement cost (exclusive of the costs of excavation, foundations and footings, and without reference to depreciation taken by Landlord upon its books or tax returns), or (ii) or such lesser coverage as AS Landlord may elect, elect provided that such coverage shall is not be less than ninety percent (90%) of such full replacement cost or the amount of such insurance Landlord’s Lender, if any, mortgage lender requires Landlord to maintain, providing . Such insurance shall provide protection against any peril generally included within the classification “Fire and Extended Coverage,All-Risk, Broad Form 1020” together with form of property insurance policy, which includes insurance against sprinkler damage (if applicable)damage, vandalism and malicious mischief. Landlord, subject Subject to availability thereof, shall Landlord may further insure, if as Landlord or its lender deems it appropriate, coverage against flood, environmental hazard, earthquakeflood and/or earthquake (but Tenant is not obligated to pay for earthquake coverage), loss or failure of building equipment, hazardous materials risks, rental loss during the period of repairs to repair or rebuildingrebuild, workmenand worker’s compensation insurance. Additionally, at Tenant’s request and cost, such additional riders, endorsements and coverage shall be added as Tenant may desire, if available. The deductible limits of the insurance and fidelity bonds for employees employed to perform services. Notwithstanding the foregoing, Landlord may, but policy shall not exceed Five Thousand Dollars ($5,000). The cost of all said insurance (except for the cost of earthquake coverage) shall be deemed required to, provide insurance for any improvements installed an Operating Expense which shall be paid or reimbursed by Tenant or that are in addition as Additional Rent. Landlord shall furnish to Tenant a copy of said property insurance policy. To the standard improvements customarily furnished by extent available and applicable, Tenant shall be named as an additional insured on Landlord, without regard to whether or not such are made a part of or are affixed to the Building. Notwithstanding the foregoing, Landlord acknowledges ’s property insurance policy; and agrees that the emergency generators serving the tenants all of the Building specifications and provisions in Sections 19.3 and 19.5 applicable to Tenant’s liability insurance policy shall also be covered by applicable to Landlord’s property insurance throughout policy, on a reciprocal basis for the Term (or self-insured by Landlord, in which case the obligation to replace such self-insured equipment shall be treated under Article 25 as if such equipment was insured for 100% benefit of its replacement value, without deductible)Tenant.

Insurance; Waiver of Subrogation. 24.1 21.1 Landlord shall maintain insurance for the Building and the Project (including, but not limited to, all equipment and improvements owned by Landlord and located in the Project) Property in amounts equal to full replacement cost (exclusive of the costs of excavation, foundations and footings, and without reference to depreciation taken by Landlord upon its books or tax returns) or such lesser coverage as Landlord may elect, provided that such coverage shall not be less than ninety percent (90%) of such full replacement cost or the amount of such insurance Landlord’s Lender, if any, requires Landlord to maintain, providing protection against any peril generally included within the classification “Fire and Extended Coverage,” together with insurance against sprinkler damage (if applicable), vandalism and malicious mischief. Landlord, subject to availability thereof, shall further insure, if Landlord deems it appropriate, coverage against flood, environmental hazard, earthquake, loss or failure of building equipment, rental loss during the period of repairs or rebuilding, workmen’s compensation insurance and fidelity bonds for employees employed to perform services. So long as Tenant leases the entire Property, Tenant shall have the right to request that Landlord secure additional earthquake coverage for the Property above Landlord’s then existing coverage, if any. As soon as practicable after receiving such request, which request shall include the coverage Tenant desires and the maximum premium Tenant is willing to pay, Landlord shall use commercially reasonable efforts to secure bids from at least two insurance companies for such insurance, which may be in the form of a separate policy for the Property, and provide the terms of the bids to Tenant; provided however, Landlord shall not be required to comply with such request if (a) it has previously received a request within the last calendar year or (b) Landlord reasonably determines that such additional coverage would adversely affect any other insurance coverage carried by Landlord. If Tenant confirms in writing within ten (10) days following the receipt of the bids its willingness to pay the premium for such insurance, Landlord shall as soon as practicable commence carrying such insurance at Tenant’s sole cost and expense. Upon Tenant’s request, but not more than once every six months, Landlord shall provide Tenant evidence of Landlord’s then existing earthquake coverage for the Property. Notwithstanding the foregoing, Landlord may, but shall not be deemed required to, provide insurance for any improvements installed by Tenant or that are in addition to the standard improvements customarily furnished by Landlord, without regard to whether or not such are made a part of or are affixed to the Building. Notwithstanding the foregoing, Landlord acknowledges and agrees that the emergency generators serving the tenants of the Building shall be covered by Landlord’s insurance throughout the Term (or self-insured by Landlord, in which case the obligation to replace such self-insured equipment shall be treated under Article 25 as if such equipment was insured for 100% of its replacement value, without deductible).