Liability Insurance. Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.
Appears in 7 contracts
Sources: Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Holdings, Inc.)
Liability Insurance. Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s 's compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s 's failure to maintain such insurance.
Appears in 6 contracts
Sources: Lease (Radiation Therapy Services Inc), Lease (Radiation Therapy Services Inc), Lease (Radiation Therapy Services Inc)
Liability Insurance. Tenant shalla. TENANT shall procure, during maintain and carry, at its sole cost, in accordance with and for the entire term hereofTerm of this Agreement all insurance, keep as required per the amounts as set forth in full force this Section. Insurance shall be furnished by a company meeting the reasonable approval of the LANDLORD. Policy deductible amounts also require reasonable approval of the LANDLORD.
b. Insurance certificates shall be issued on a standard ▇▇▇▇▇ form or such other documentation as may be acceptable to LANDLORD in its discretion and effect bodily injury and public liability include the NAIC number of the insuring company. Each insurance company’s rating, as shown in an amount not the latest Best’s Key Rating Guide, shall be no less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentA-VII, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in unless otherwise approved by the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this LeaseLANDLORD, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain from a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed Workers’ Compensation pool approved by the State of Florida Kansas. Insurance certificates must be received and a copy approved by the LANDLORD prior to occupancy. LANDLORD retains the right to require changes in the character, coverages and amounts of coverage commensurate with changes in the TENANT’s use of the Premises. All policy or a deductibles shall be shown on the certificate of insurance and meet the approval of the LANDLORD.
c. The failure of LANDLORD to reject the TENANT’s proffered insurance shall not be deemed to constitute an acceptance by the LANDLORD of deficient insurance coverage. If the TENANT fails to procure or maintain any of the specified coverages, the LANDLORD has the right, but not the obligation, to secure the coverage and charge the cost to the TENANT along with a 20% administrative fee.
d. The TENANT shall be delivered to Landlord prior to responsible for determining the commencement of the term of this Lease. In no event shall the types and limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required by any approved sublessees, permittee or contractor of the sublessees with the type of activity and associated risk levels. At a minimum, any sublessees shall carry Workers’ Compensation, general liability (minimum of $1,000,000 per occurrence) and automobile liability (minimum of $500,000 combined single limit).
e. The requirements, procurement and carrying of the required insurance shall not limit any of the TENANT’s obligations or liability under this Agreement or as a matter of law.
f. No self-insurance nor large deductible policies will be accepted for any of the required coverages.
g. Where “minimum limits” of insurance are specified in this Section, such minimum insurance limits are required and considered by LANDLORD to be obtained by Tenant the lowest insured amounts acceptable under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such Agreement. The TENANT is not limited or restricted whatsoever in securing additional insurance coverage may have been obtained from another insurance carrierand higher insured limits than those specified herein if, at the TENANT’s determination and Tenant discretion and commensurate with the type of activity and associated business and operational risk, additional coverage and higher limits are necessary and appropriate.
h. Insurance shall pay as additional rentinclude the following terms, upon demand of Landlord, any conditions and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.minimum limits:
a) WORKERS’ COMPENSATION
Appears in 3 contracts
Sources: Use and Lease Agreement, Use and Lease Agreement, Use and Lease Agreement
Liability Insurance. Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida Arizona law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida Arizona and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.
Appears in 3 contracts
Sources: Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Inc)
Liability Insurance. Tenant shall, At all times during the entire term hereofTerm, keep Tenant shall obtain at Tenant's sole cost and expense a policy or policies of comprehensive general liability insurance on an "occurrence" basis against claims for "personal injury" liability, including, without limitation, bodily injury, death or property damage liability. The liability insurance policy shall contain coverage limits no less than a combined single limit of $5,000,000 per occurrence. The insurance may be furnished under a "primary" policy and an "umbrella" policy or policies. Landlord shall be named as an additional insured under Tenant's policy and Tenant's policy shall contain an endorsement for cross-liability coverage. Tenant shall furnish Landlord with certificates from Tenant's insurers with respect to the insurance required to be carried hereunder on or before the date of execution of this Lease. The certificates shall state that such insurance is in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance that coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance be cancelled without first giving the Landlord twenty (20) days' prior written notice to Landlord. Renewal certificates shall be furnished to Landlord not less than thirty (30) days prior noticeto the expiration of each such policy. The Any blanket insurance policy or policies that insure Tenant against the risks and for the amounts herein specified shall be deemed to satisfy the obligation of Tenant hereunder, provided that any such policy of blanket insurance shall specify the amount of the total insurance allocated to the risks required to be in insured hereunder and such allocated amount meets the requirements of this Article 7. All insurance required by this Article 7 shall be with an insurance company licensed by to do business in the State of Florida California with a general policyholder's rating, as rated by the most current available "Bests" Insurance Reports, no less than A-III, and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force primary and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancenon-contributing.
Appears in 3 contracts
Sources: Ground Lease (Cisco Systems Inc), Ground Lease (Cisco Systems Inc), Ground Lease (Cisco Systems Inc)
Liability Insurance. (a) In addition to the property insurance described above, Tenant shall, during the entire term hereof, shall keep in full force and effect throughout the Lease Term: (i) a Commercial General Liability insurance policy or policies to protect the Landlord against liability to the public or to any invitee of tenant or a Landlord Related Party incidental to the use of or resulting from any accident occurring in or upon the Premises with a limit of not less than $3,000,000.00 per occurrence, or such larger amount as Landlord may require from time to time that in Landlord’s reasonable judgment is then being customarily required by landlords of buildings comparable to the Building, covering bodily injury and public property damage liability insurance in an amount and $1,000,000 products/completed operations aggregate; (ii) Business Auto Liability covering owned and hired vehicles with a limit of not less than FIVE HUNDRED THOUSAND DOLLARS $1,000,000 per accident; (iii) insurance protecting against liability under Worker’s Compensation Laws with limits at least as required by statue; (iv) Employers Liability with limits of $500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and 1,000,000 each accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000)1,000,000 disease policy limit, $1,000,000 disease-each employee; and worker(v) Business Interruption Insurance with limit of liability representing loss of at least approximately one year of income.
(b) Each of the aforesaid policies or certificates thereof shall be delivered to Landlord by Tenant upon the Commencement Date and at least thirty (30) days prior to each renewal of said insurance, and shall
(i) be provided at Tenant’s compensation expense; (ii) name the Landlord, FSP Property Management LLC, any mortgagee designated by Landlord and the building management company, if any, as additional insureds; (iii) be issued by an insurance company authorized to issue insurance in the maximum amount permitted under Florida law. Landlord may require such State and rated in Best’s Insurance Guide or any successor thereto as having a “Best’s Rating” of at least “A” and a “Financial Size Category” of at least “VII” during the Term; (iv) contain an endorsement that said insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty be cancelled unless thirty (2030) days prior noticewritten notice (ten days for nonpayment of premium) shall have been given to Landlord; (v) contain an endorsement that Tenant’s insurance is primary for claims arising out of an incident or event occurring within the Premises; and (vii) include coverage for the contractual liability of Tenant to indemnify Landlord and Landlord Related Parties pursuant to Section 22(a). The Tenant shall obtain the agreement of Tenant’s insurers to notify Landlord that a liability insurance policy is due to be canceled or expire at least thirty (30) days prior to such cancellation or expiration.
(c) Whenever Tenant shall be undertake any Alterations, the aforesaid insurance protection must extend to and include injuries to persons and damage to property arising in an connection with such Alterations, without limitation including liability under any applicable structural work, act, and such other insurance company licensed by as Landlord shall require; and the State policies of Florida and a copy of the policy or a certificate of certificates evidencing such insurance shall must be delivered to Landlord prior to the commencement of any such Alterations.
(d) Landlord may maintain a policy or policies of comprehensive general liability insurance and environmental insurance with respect to the term of this Lease. In no event shall Complex, but excluding the limits of said insurance policies be considered Premises, in such amounts as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain are required by Landlord’s mortgagee or maintain in full force and effect any insurance coverage required are determined to be obtained necessary by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrierLandlord, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement costs of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage be included in the types and amounts herein specified, and Tenant Operating Costs. Payments for losses thereunder shall nevertheless hold be made solely to Landlord harmless from any loss or damage incurred or suffered by the mortgagees of Landlord from Tenant’s failure to maintain such insuranceas their interests shall appear.
Appears in 3 contracts
Sources: Office Lease Agreement, Office Lease Agreement (Aptinyx Inc.), Office Lease Agreement (Aptinyx Inc.)
Liability Insurance. Landlord and Tenant shallshall each maintain a policy or policies of commercial general liability insurance, with the premiums thereon fully paid on or before the due dates, issued by and binding upon a reputable insurance company qualified and licensed to do business in the State, with a current Best’s Rating of A or better (provided, that during any period that the entire term hereofrequired insurance coverage is not available on commercially reasonable terms from insurers with such a rating, keep in full force then Landlord or Tenant may utilize a company with a lower rating, so long as such company has a rating equal to the highest rating as among the insurers then making available the required insurance coverage on commercially reasonable terms). Such insurance shall be written on occurrence basis, and effect bodily injury and public liability insurance in an amount shall afford minimum coverage (which may be effected by primary and/or excess coverage) of not less than FIVE HUNDRED THOUSAND DOLLARS Five Million Dollars ($500,0005,000,000.00) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentfor bodily injury, respectively; death or property damage in any one (1) accident or occurrence. Notwithstanding anything to the contrary contained herein, so long as Tenant satisfies the Self-Insurance Net Worth Test, Tenant may elect to self-insure in lieu of meeting Tenant’s liability insurance requirements under this Section 6.5. If, and to the extent, Tenant does not, in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation whole or in part, carry insurance in that complies with the maximum amount permitted under Florida lawrequirements of this Section 6.5, then Tenant shall be deemed to have elected to self-insure to such extent. Either Landlord may require such insurance coverage or Tenant may, from time to be increased after time, request the first five years consent of the term other party to increase the aforementioned level of minimum coverage, and such other party shall not unreasonably withhold its consent thereto, so long as the requested increased level of minimum coverage is not in excess of the limits then generally maintained by similarly situated parties in Comparable Buildings. Notwithstanding the foregoing provisions of this LeaseSection 6.5, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlordif, and for so long as, Tenant as insuredhereunder is a Wachovia Party, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered ________________________________________________________________________________________________________________________ Tenant may elect to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting maintain the liability insurance required of Tenant under this LeaseSection 6.5 though policies issued by a captive insurance company that is wholly owned by Wachovia Corporation (whether or not such insurance company is licensed or rated as herein-above otherwise required). In the event that Tenant The policy shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained maintained by Tenant each party under this LeaseSection 6.5 hereof, Landlord (i) shall name the other party as an additional insured as its interest may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrierappear, and Tenant (ii) shall pay as additional rent, upon demand provide that no less than thirty (30) days prior written notice of Landlord, any and all premiums, costs, charges and expenses incurred cancellation or expended by Landlord in obtaining such insurancenon-renewal shall be given to the other party. Notwithstanding Each party shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage furnish the other with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement a certificate of such insurance by Landlord shall not relieve Tenant evidencing the foregoing insurance required of its obligations it under this Section 6.5 prior to (or upon execution of) this Lease to maintain insurance coverage in (which certificate shall indicate the types and amounts herein specifiedof such insurance, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancethe requirements of the preceding sentence).
Appears in 3 contracts
Sources: Lease (KBS Real Estate Investment Trust, Inc.), Lease (KBS Real Estate Investment Trust, Inc.), Lease (KBS Real Estate Investment Trust, Inc.)
Liability Insurance. Tenant shall, during the entire term hereof, keep shall maintain in full force and effect ------------------- throughout the Term, commercial general liability insurance providing coverage on an occurrence form basis with limits of not less than Two Million Dollars ($2,000,000.00) each occurrence for bodily injury and public property damage combined, Two Million Dollars ($2,000,000.00) annual general aggregate, and Two Million Dollars ($2,000,000.00) products and completed operations annual aggregate. Tenant's liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS policy or policies shall: ($500,000i) / ONE MILLION DOLLARS ($1,000,000) per injury include premises and accidentoperations liability coverage, respectively; products and completed operations liability coverage, broad form property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in coverage including completed operations, blanket contractual liability coverage including, to the maximum amount permitted under Florida law. Landlord may require such insurance extent possible, coverage to be increased after for the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability indemnification obligations of Tenant under this Lease, and personal and advertising injury coverage; (ii) provide that the insurance company has the duty to defend all insureds under the policy; (iii) provide that defense costs are paid in addition to and do not deplete any of the policy limits; (iv) cover liabilities arising out of or incurred in connection with Tenant's use or occupancy of the Premises or the Property; (v) extend coverage to cover liability for the actions of Tenant's Representatives and Visitors; and (vi) designate separate limits for the Property. In Each policy of liability insurance required by this Section shall: (i) contain a cross liability endorsement or separation of insureds clause; (ii) provide that any waiver of subrogation rights or release prior to a loss does not void coverage; (iii) provide that it is primary to and not contributing with, any policy of insurance carried by Landlord covering the event same loss; (iv) provide that Tenant any failure to comply with the reporting provisions shall fail not affect coverage provided to obtain or maintain Landlord, its partners, property managers and Mortgagees; and (v) name Landlord, its partners, the Property Manager identified in full force the Basic Lease Information (the "Property Manager"), and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers such other parties in interest as Landlord may deem properfrom time to time reasonably designate to Tenant in writing, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand insureds. Such additional insureds shall be provided at least the same extent of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable as is provided to Tenant for any insufficiency or failure of coverage with regard to under such insurance or any loss to Tenant occasioned thereby, and additionally, policies. All endorsements effecting such additional insured status shall be at least as broad as additional insured endorsement form number CG 20 11 11 85 promulgated by the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceInsurance Services Office.
Appears in 3 contracts
Sources: Lease Agreement (Talk City Inc), Lease Agreement (Trintech Group PLC), Lease Agreement (Blue Martini Software Inc)
Liability Insurance. Tenant shallshall maintain, from the Effective Date of this Lease and during the entire term hereofof this Lease and any extension thereof, keep in full force and effect bodily injury and a commercial general liability policy of public liability and property damage insurance in an amount insuring the Property against any and all claims for personal injury, including property damage in, on or about the Leased Premises with a combined single limit per occurrence of not less than FIVE HUNDRED THOUSAND DOLLARS Ten Million ($500,00010,000,000.00) / ONE MILLION DOLLARS Dollars, provided, however, if the premium for the liability insurance hereunder shall exceed six percent (6%) of the average total gross revenues of the last three ski seasons of Tenant, then Tenant shall maintain an amount of liability insurance which Five Hundred Thousand ($1,000,000500,000.00) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years Dollars of premium would purchase or 6% of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situationsgross revenues whichever is greater. The policy(s) Such policy shall name Landlord and Landlord's mortgagee, if any, (and any person, firms or corporations designated by Landlord, and Tenant Leasehold Mortgagee at its request) as additional insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty Landlord, Landlord's Mortgagee, or any Leasehold Mortgagee, thirty (2030) days prior written notice. The insurance deductible on the aforesaid policy shall be in an no less than Twenty-Five Thousand ($25,000.00) Dollars. The insurance company licensed by of Tenant shall be rated A or better on the State of Florida A. M. Best rating and shall be a copy of company doing business in Pennsylvania. The primary limit for the policy or a certificate of insurance shall be delivered One Million Dollars at all times. The excess limit shall be Nine Million Dollars. All policies shall be on an occurrence basis not on a claims made basis. All policies shall name Landlord or Landlord's Mortgagee as an additional insureds. All policies shall name any Planned Community, Homeowner's Association, Condominium Project or Condominium Association whose property is effected by this Lease or any easements, rights of way, roads, or utilities rights in favor of Tenant as additional insured. All changes in coverage, limits and/or carriers are to be approved by Landlord at least sixty (60) days prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancechange.
Appears in 2 contracts
Sources: Lease Agreement (Blue Ridge Real Estate Co), Lease Agreement (Blue Ridge Real Estate Co)
Liability Insurance. Tenant shall, during the entire term hereof, keep shall maintain in full force and effect throughout the Term, commercial general liability insurance providing coverage on an occurrence form basis with limits of not less than Two Million Dollars ($2,000,000.00) each occurrence for bodily injury and public property damage combined, Two Million Dollars ($2,000,000.00) annual general aggregate, and Two Million Dollars ($2,000,000.00) products and completed operations annual aggregate. Tenant's liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS policy or policies shall: ($500,000i) / ONE MILLION DOLLARS ($1,000,000) per injury include premises and accidentoperations liability coverage, respectively; products and completed operations liability coverage, broad form property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in coverage including completed operations, blanket contractual liability coverage including, to the maximum amount permitted under Florida law. Landlord may require such insurance extent possible, coverage to be increased after for the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability indemnification obligations of Tenant under this Lease, and personal and advertising injury coverage; (ii) provide that the insurance company has the duty to defend all insureds under the policy; (iii) provide that defense costs are paid in addition to and do not deplete any of the policy limits; (iv) cover liabilities arising out of or incurred in connection with Tenant's use or occupancy of the Premises or the Property; (v) extend coverage to cover liability for the actions of Tenant's Representatives and Visitors; and (vi) designate separate limits for the Property. In Each policy of liability insurance required by this Section shall: (1) contain a cross liability endorsement or separation of insureds clause; (2) provide that any waiver of subrogation rights or release prior to a loss does not void coverage; (3) provide that it is primary to and not contributing with, any policy of insurance carried by Landlord covering the event same loss; (4) provide that any failure to comply with the reporting provisions by Tenant shall fail not affect coverage provided to obtain or maintain Landlord, its partners, property managers and Mortgagees; and (5) name Landlord, its partners, the Property Manager identified in full force the Basic Lease Information (the "PROPERTY MANAGER"), and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers such other parties in interest as Landlord may deem properfrom time to time reasonably designate to Tenant in writing, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand insureds. Such additional insureds shall be provided at least the same extent of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable as is provided to Tenant for any insufficiency under such policies with respect to liability arising out of the ownership, maintenance or failure use of coverage with regard to the Premises. All endorsements effecting such insurance additional insured status shall be at least as broad as additional insured endorsement form number CG 20 11 11 85 or any loss to Tenant occasioned thereby, and additionally, CG 20 11 11 01 96 promulgated by the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceInsurance Services Office.
Appears in 2 contracts
Sources: Office Lease Agreement (Dean & Deluca Inc), Lease Agreement (Imall Inc)
Liability Insurance. Tenant Lessor shall, during the entire term hereofat its expense (which expense shall be an operating expense pursuant to Section 7(a)(5) of this lease), keep in full force and effect bodily injury and public maintain a policy or policies of comprehensive general liability insurance in an amount with the premiums thereon fully paid on or before the due date, issued by and binding upon some solvent insurance company, such insurance to afford minimum protection (such insurance to inure to the benefit of Lessor only, and not to Lessee) of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per 1,000,000 in respect of personal injury or death in respect of any one occurrence and accident, respectively; property damage insurance in an amount of not less than ONE HUNDRED THOUSAND DOLLARS $250,000 for property damage in any one occurrence. Lessor shall, at its expense ($100,000); which expense shall be an operating expense pursuant to Section 7(a)(5) of this lease) maintain fire and workerextended coverage insurance on the Building and leasehold improvements in such amounts as the Lessor’s compensation mortgagees may require. Such insurance shall be maintained at the expense of Lessor, and payments for losses thereunder shall be made solely to the Lessor or the mortgagees of Lessor, as their interests may appear. Lessee shall maintain, at its expense, fire and extended coverage insurance on all of its personal property, including removable trade fixtures, located in the maximum amount permitted under Florida lawPremises. Landlord may require such insurance coverage If the annual premiums to be paid by Lessor shall exceed the standard rates because of Lessee’s operations, contents on the Premises, or leasehold improvements with respect to the Premises beyond Building Standard, or if same result in Extra-hazardous exposure or increased after costs, Lessee shall promptly pay the first five years excess amount of the premium upon request by Lessor. During the term of this Lease, provided that such increase shall not cause Lessee shall, at its sole expense, carry insurance for the benefit of the parties hereof as follows:
(A) Worker’s Compensation insurance providing coverage for statutory benefits in the state(s) where work is to be performed under this Lease and as may be required by local law in the operation area in which Lessee may become legally obligated to pay benefits.
(B) Employers Liability insurance with limits of coverage to exceed those then commonly prevailing in the marketplace not less than $500,000 each Accident for similar situationsBodily Injury by Accident and $500,000 each employee and policy limit for Bodily Injury by Disease.
(C) Commercial Automobile Liability insurance covering owned, hired and non-owned vehicles with limits of not less than $1,000,000 combined single limit each occurrence for bodily injury and property damage.
(D) Commercial General Liability insurance with limits of not less than $1,000,000 each occurrence and $2,000,000 General Aggregate for Bodily Injury and Property Damage combined. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The Such insurance shall be written on an “occurrence” form and shall be endorsed to include the Premises.
(E) Umbrella or Excess Liability insurance with limits of not less than $2,000,000 each occurrence and aggregate where applicable in an insurance company licensed by the State of Florida and a copy excess of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the coverages and limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain policies set forth in full force and effect any insurance coverage required to be obtained by Tenant under this LeaseParagraphs (B), Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier(C), and Tenant (D) above. All of Lessee’s and any sublessee’s policies (except for Workers’ Compensation) shall pay be endorsed to:
(1) Name Lessor, its subsidiaries, affiliates, partnerships, directors, officers, partners and employees as additional rentAdditional Insureds, upon demand except this requirement shall not apply to Paragraph (A) above;
(2) waive Underwriters’ rights of Landlordsubrogation or recovery against Lessor, its subsidiaries, affiliates, partnerships, directors, officers, partners and employees;
(3) provide thirty (30) days’ prior written notice of cancellation of or material change in coverage to Lessor, and;
(4) stipulate that Lessee’s insurance will be primary to and non-contributory with any other insurance carried by Lessor. Losses not covered by Lessee’s insurance, including but not limited to deductibles, co-insurance penalties and all premiums, defense costs, charges shall be borne by Lessee. All of Lessee’s insurance described above shall be placed with insurance companies satisfactory to Lessor. Certificates of Lessee’s insurance and expenses incurred or expended by Landlord in obtaining proof of Lessee’s payment of premium shall be mailed to Owner within thirty (30) days of each renewal of such insurance. Notwithstanding When requested by Lessor, Lessee shall procure insurance coverage required furnish complete certified copies of Tenant hereunder, Landlord shall in no manner be liable all its policies to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceLessor.
Appears in 2 contracts
Sources: Office Lease Agreement (Dexterity Surgical Inc), Office Lease Agreement (Dexterity Surgical Inc)
Liability Insurance. Tenant shall(a) Neither Carlo Pazolini nor its successors, during assigns or agents shall be liable for any loss of or damage to property of Mesoblast or Mesoblast’s subtenants, assigns, employees, agents or visitors, except for loss or damage resulting from Carlo Pazolini’s gross negligence or willful misconduct. With respect to the entire term hereofSubleased Premises, keep in full force Carlo Pazolini, its successors, assigns, employees and effect bodily agents shall not be liable for any injury or damage to persons or property except for loss or damage resulting from the gross negligence or willful misconduct of Carlo Pazolini, its successors, assigns, employees and agents.
(b) Mesoblast shall maintain with respect to the Subleased Premises comprehensive general public liability insurance, property insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation other insurance in the manner and with the minimum limits and maximum amount permitted under Florida lawdeductibles set forth in the Lease, with insurance companies qualified to do business in the State of New York and otherwise meeting the standards set forth in the Sublease and the Lease, insuring Mesoblast, Carlo Pazolini, CIT, Landlord and any other parties required in accordance with the Sublease and/or the Lease as named insureds, against, inter alia, claims and liabilities for bodily injury or death to persons, and damage to property. Landlord may require such Each party shall look exclusively to any insurance coverage carried by it pursuant to be increased after this Sub-Sublease, the first five years Sublease and the Lease for loss or damage to property resulting from the negligence of the term other party or its agents, servants, employees, contractors, invitees or licensees, and, to the extent permitted by law, Carlo Pazolini and Mesoblast each hereby releases and waives all right of this Leaserecovery against the other or anyone claiming through or under each of them by way of subrogation or otherwise, provided that such increase waivers of liability are permitted and are available under both Carlo Pazolini’s and Mesoblast’s policies of insurance or such waivers are approved by their insurance carriers. Each party agrees to pay the added cost, if any, of obtaining such approval from its insurance carrier. Mesoblast shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or deliver a certificate of insurance shall be delivered to Landlord Carlo Pazolini with respect to all insurance required under this Sub-Sublease, the Sublease and the Lease prior to the commencement Commencement Date. Each of Mesoblast’s policies of insurance shall provide that such policy may not be changed, amended, canceled or allowed to lapse except upon thirty (30) days’ (other than for cancellation for non-payment, which shall be upon ten (10) days’) prior notice to Carlo Pazolini, CIT, Landlord and any other parties required in accordance with the Sublease or Lease. Such insurance shall be subject to Carlo Pazolini’s reasonable approval as to form, content, coverage and expiration dates, which approval shall be deemed granted if not refused within thirty (30) days after delivery of the term certificate of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceCarlo Pazolini.
Appears in 2 contracts
Sources: Sub Sublease (Mesoblast LTD), Sub Sublease (Mesoblast LTD)
Liability Insurance. Tenant shallTenant, at Tenant's expense, agrees to keep in force during the entire term hereof, keep in full force and effect bodily injury and public Term of this Lease a policy of comprehensive general liability insurance for bodily injury, personal injury, and property damage (including loss of use of property) occurring in an or arising out of the use or occupancy of the Premises or the Complex including parking and landscaped areas in the amount not less than FIVE HUNDRED THOUSAND DOLLARS of Two Million Dollars ($500,000) / ONE MILLION DOLLARS ($1,000,0002,000,000) per injury occurrence and accidentshall be subject to periodic increase based upon inflation, respectively; property damage increased liability awards, recommendation of Landlord's professional insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); advisers and worker’s compensation other relevant factors. Such insurance in the maximum amount permitted under Florida lawshall be primary and non- contributing as respects any insurance carried by Landlord. Landlord may require The policy or policies effecting such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant Landlord as insuredan additional insured (Form CG 2011- 1/96), and shall contain a clause that insure any liability of Landlord, contingent or otherwise, as respects acts or omissions of Tenant, its agents, employees or invitees or otherwise by any conduct or transactions of any of said persons in or about or concerning the insurer will not cancel Premises or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance Complex including any failure of Tenant to observe or perform any of its obligations hereunder; shall be in issued by an insurance company licensed by admitted to transact business in the State of Florida California; and a copy shall provide that the insurance effected thereby shall not be canceled or reduced, except upon thirty (30) days' prior written notice to Landlord. Should any of the policy above policies be canceled before the expiration date thereof, the issuing company will mail (30) days written notice to the Certificate Holder. The phrases, "endeavor to" and "but failure to mail such notice shall impose no obligation or a liability of any kind upon the company, its agents or its representatives" are unacceptable. A certificate of insurance shall be delivered to Landlord prior to the commencement within ten (10) days after Tenant takes possession of the term Premises, Tenant shall provide Landlord with evidence of this Leaserenewal of insurance as appropriate within ten (10) days of the expiration of the underlying policy. In no event shall the limits of said insurance policies be considered as limiting the liability of If Tenant fails to deliver any policy, certificate or renewal to Landlord required under this Lease. In Lease within the event that Tenant shall fail to obtain prescribed time frame or maintain in full force and effect if any insurance coverage required to be obtained by Tenant under this Leasepolicy is canceled or modified during the Lease term without Landlord's consent, Landlord may procure same from insurance carriers as obtain such insurance, in which case Tenant shall reimburse Landlord may deem proper, irrespective that a lesser premium for the cost of such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand within fifteen (15) days after rcoeipt of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining a statement which indicates the cost of such insurance. Notwithstanding shall procure Lessee must place insurance coverage required with a company with a current A. M. Best's rating of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceless than A. VII.
Appears in 2 contracts
Sources: Lease Agreement (Telomolecular Corp), Lease Agreement (Telomolecular Corp)
Liability Insurance. Tenant shall, during the entire term hereof, keep in full force Borrower shall carry and effect bodily injury and public maintain such commercial general liability insurance in an adequate amount as may from time to time be required by Lender in order to protect its interest, all to the extent generally required, and with deductibles as are generally required with respect to properties similar to the Property which are located in Cincinnati, Ohio, taking into consideration the type of property being insured and the corresponding liability exposure, on forms, with deductibles, in amounts and with such company or companies licensed to do business in the State and as may be acceptable to Lender. All such commercial general liability insurance shall be underwritten with a company or companies which have and maintain a rating equivalent to at least A-:VIII as shown in the most recent Best's Key Rating Guide. The original policy or policies and all renewals thereof are hereby assigned to Lender as additional security for the Loan. Borrower shall provide Lender evidence of liability insurance and an additional insured endorsement for general liability insurance. Such policy or policies of insurance shall name Lender as an additional insured and shall provide for not less than FIVE HUNDRED THOUSAND DOLLARS thirty ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (2030) days prior notice. The insurance shall be in an insurance company licensed by the State Written Notice to Lender of Florida and a copy of any intent to modify, cancel, non-renew or terminate the policy or a certificate policies or the expiration of insurance shall be delivered such policy or policies of insurance, or the exclusion of any individual risk such as acts of terrorism. Not later than the expiration dates of each policy or policies required of Borrower hereunder, Borrower will deliver to Landlord prior Lender evidence of renewal accompanied by other evidence of payment and renewal satisfactory to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this LeaseLender. In the event that Tenant shall fail of foreclosure of this Mortgage or other transfer of title to obtain the Property in extinguishment of the Loan, all right, title and interest of Borrower in and to any rights to unearned premiums, and in and to insurance proceeds then payable from any prior covered claims or maintain in full force and effect events under any insurance coverage policies in force on or prior to the date of transfer, shall pass to the purchaser or grantee. In case of Borrower's failure to keep the Property properly insured as required to herein, Lender, its successors or assigns, may, at its option (but shall not be obtained by Tenant under this Leaserequired to), Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for acquire such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceat Borrower's sole expense.
Appears in 2 contracts
Sources: Open End Mortgage and Security Agreement (Hines Global Reit Ii, Inc.), Open End Mortgage and Security Agreement (Hines Global Reit Ii, Inc.)
Liability Insurance. Tenant shallLessee, at its sole cost and expense, shall maintain during the entire term hereof, keep in full force and effect bodily injury and public hereof comprehensive (commercial) general liability insurance on an “occurrence basis” against claims for “personal injury”, including without limitation bodily injury, death and/or damage, occurring upon, in an amount or about the Premises in a combined single limit or not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) 1,000,000 per injury occurrence and accident, respectively; property damage insurance in an amount not with policy aggregate limit of no less than ONE HUNDRED THOUSAND DOLLARS $2,000,000 (or such higher amounts thereof as may be reasonably requested by Lessor not to exceed a policy aggregate limit of $100,0005,000,000 from time to time during this Lease). Said insurance shall name Lessor as an additional insured; shall be written by companies and in form satisfactory to Lessor (which companies shall be authorized to do business in California); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage shall apply primary to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, other comparable liability coverage; and shall contain a clause that an endorsement requiring thirty (30) days' prior written notice sent by certified or registered mail, return receipt requested, to Lessor at the address set forth below, or such other address as may be provided to any such insurer will not cancel by Lessor, before cancellation thereof or change in the insurance without first giving the Landlord coverage, scope or amount of such policy or policies. Lessee shall provide Lessor with a Certificate of Insurance as evidence of such Insurance within twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate date of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail Lessee fails to obtain or maintain such insurance as provided in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord Lessor may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for obtain any such insurance coverage may have been obtained from another insurance carrierinsurance, and Tenant the cost thereof shall pay be paid by Lessee as additional rent, upon demand rent with the first payment of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining rent which is due subsequent to Lessor's incurring such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned therebycost, and additionally, Lessor shall have all remedies to collect the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage same as rent in the types Lease provided, and/or as otherwise provided by law for the collection of rent. The policy shall contain “cross-liability” or “separation of insureds” coverage and amounts herein specifiedshall insure performance by Lessee of the indemnity provisions of this Paragraph 8. The limits of said Insurance shall not, and Tenant however, limit the liability of Lessee hereunder. In the event that the Premises constitutes a part of a larger property, said insurance shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancehave a Lessor's Protective Liability endorsement attached thereto. Deleted.
Appears in 2 contracts
Sources: Commercial Lease Agreement (Digital Domain Media Group, Inc.), Commercial Lease Agreement (Digital Domain)
Liability Insurance. Tenant shall, during the entire term hereof, keep shall at all times following complete execution of this Lease maintain in full force and effect commercial general liability insurance providing coverage on an occurrence form basis with limits of not less than Three Million Dollars ($3,000,000.00) each occurrence for bodily injury and public property damage combined, Five Million Dollars ($5,000,000.00) annual general aggregate, and Three Million Dollars ($3,000,000.00) products and completed operations annual aggregate. Tenant’s liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS policy or policies shall: ($500,000i) / ONE MILLION DOLLARS ($1,000,000) per injury include premises and accidentoperations liability coverage, respectively; products and completed operations liability coverage, broad form property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in coverage including completed operations, blanket contractual liability coverage including, to the maximum amount permitted under Florida law. Landlord may require such insurance extent possible, coverage to be increased after for the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability indemnification obligations of Tenant under this Lease, and personal and advertising injury coverage; (ii) provide that the insurance company has the duty to defend all named and additional insureds under the policy; provide that defense costs are paid in addition to and do not deplete any of the policy limits; cover liabilities arising out of or incurred in connection with Tenant’s use or occupancy of the Premises or the Property; (v) extend coverage to cover liability for the actions of Tenant’s Representatives and Tenant’s authorized Visitors; and (vi) either designate separate limits for the Property acceptable to Landlord, or provide that the entire insured limits are available for occurrences relating to the Property. In Each policy of liability insurance required by this Section shall: (i) contain a separation of insureds clause or otherwise provide cross-liability coverage; provide that any waiver of subrogation rights or release prior to a loss does not void coverage; provide that it is primary insurance; (iv) name as additional insureds the event that Tenant shall fail to obtain Landlord Parties, the Property Manager identified in the Basic Lease Information and all replacement or maintain additional property managers, all Lenders (as defined in full force Section 20.1) and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers such other parties in interest as Landlord may deem proper, irrespective designate to Tenant in writing from time to time; and (v) provide that a lesser premium for any failure to comply with the reporting provisions under the policies shall not affect coverage provided such additional insureds. Such additional insureds shall be provided at least the same extent of coverage as is provided to Tenant under such policies. All insurance coverage may have been obtained from another insurance carrier, and Tenant policies or endorsements effecting such additional insured status shall pay be at least as broad as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred insured endorsement form number CG 20 11 01 96 promulgated by the Insurance Services Office (or expended by Landlord such other equivalent as may be in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable use from time to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage time in the types insurance industry). A portion of the coverage specified above may be provided by umbrella and/or excess liability coverage, provided that: (a) the entire limits specified above must be available for occurrences relating to the Premises; and amounts herein specified, (b) all policies must be concurrent and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered the umbrella and/or excess liability policies must provide coverage that is at least as broad as that provided by Landlord from Tenant’s failure to maintain such insurancecommercial general liability policy.
Appears in 2 contracts
Sources: Lease Agreement (LendingClub Corp), Lease Agreement (LendingClub Corp)
Liability Insurance. Tenant shall, at Tenant’s expense, obtain and keep in force during the entire term hereof, keep in full force and effect bodily injury and of this Lease Agreement a policy of comprehensive public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury amounts specified below, insuring Landlord, Tenant and accidentLeasehold Mortgagee against any liability arising out of the ownership, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); use, occupancy or maintenance of Tenant’s Facility and worker’s compensation insurance in the maximum amount permitted under Florida lawall areas appurtenant thereto. Landlord may require such insurance coverage to be increased after the first five years of shall, at Landlord’s expense, obtain and keep in force during the term of this LeaseLease Agreement a policy of comprehensive public liability insurance in amounts specified below insuring Tenant, provided that such increase Landlord and Leasehold Mortgagee against any liability arising out of the ownership, use, occupancy of Landlord’s Facility and all areas appurtenant thereto. The limit of said insurance shall not, however, limit the liability of Tenant or Landlord hereunder. Tenant or Landlord may carry said insurance under a blanket policy; provided, however, said insurance by Tenant shall name Landlord and Leasehold Mortgagee a an additional insured thereunder and said insurance of Landlord shall name Tenant and Leasehold Mortgagee as an additional insured thereunder. If either party shall fail to procure and maintain said insurance, the other may, but shall not cause be required to, procure and maintain same, but at the expense of the party who failed to obtain said insurance. Insurance required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance hereunder shall be in an insurance company licensed provided by companies reasonably satisfactory to each party. Each party shall deliver to the State other and the Leasehold Mortgagee, prior to occupancy of Florida and a copy the Tenant’s Facility, copies of the policy or a certificate policies of liability insurance shall be delivered to Landlord prior to required herein or certificates evidencing the commencement existence and amounts of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding No policy shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable cancelable or subject to Tenant for any insufficiency or failure reduction of coverage with regard except after thirty (30) days’ prior written notice to such the other, the Leasehold Mortgagee. Such public liability and property liability insurance or any loss to Tenant occasioned therebyshall have liability limits of not less than Two Million and No/100 Dollars ($2,000,000.00) per person and Five Million and No/100 Dollars ($5,000,000.00) per occurrence, and additionally, the procurement property damage limits of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types less than Two Hundred Fifty Thousand and amounts herein specifiedNo/100 Dollars ($250,000.00) per occurrence, and Landlord, Tenant and Leasehold Mortgagee shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancebe named as co-insureds, and the policy shall contain cross-liability endorsements. The coverage shall be increased at the reasonable request of the Leasehold Mortgagee.
Appears in 2 contracts
Sources: Air Rights Lease Agreement, Air Rights Lease Agreement (CNL Healthcare Properties, Inc.)
Liability Insurance. Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and a policy of public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance with respect to the leased premises, and the business operated by Tenant in an amount the leased premises in which the limit of public liability shall not be less than ONE HUNDRED THOUSAND DOLLARS Two Million ($100,000); 2,000,000.00) Dollars per accident, and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase property damage liability shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situationsbe less than One Million ($1,000,000.00) Dollars. The policy(s) policy shall, in addition to naming Tenant insured, shall name Landlord, Landlord and any person, firms firms, or corporations designated by LandlordLandlord as additional insureds on primary, and Tenant as insurednon-contributory basis including waiver of subrogation applicable to General Liability & Umbrella/Excess Liability, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty ten (2010) days prior written notice. The insurance shall be in an insurance company licensed approved by the State of Florida Landlord, and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior within ten (10) days after the execution of this Lease. Upon a failure, after demand, of the Tenant to obtain the commencement insurance policy described hereinabove, the Landlord is hereby authorized to obtain a policy of insurance in the limits set forth hereinabove on behalf of the Tenant and the premium for such policy shall be due and payable with the next installment of rent. Tenant agrees that it will not keep, use or offer for sale in or upon the leased premises any article which may be prohibited by the standard form of fire insurance policy. Tenant agrees to pay any increase in premium for fire and extended coverage insurance that may be charged during the term of this Lease. In no event shall Lease on the limits amount of such insurance which may be carried by Landlord on said insurance policies be considered as limiting premises or the liability building of which they are a part, resulting from the type of merchandise sold by Tenant under this Leasein the leased premises, whether or not Landlord has consented to same. In the event the Tenant's occupancy causes any increase in premium of the Landlord's insurance rate and premium, the Tenant agrees to reimburse Landlord to the extent of such increase rate and premium. The Tenant also shall pay in such event any additional premium on the rent insurance policy that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to may be obtained carried by Tenant under this Lease, the Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for its protection against rent loss through fire. Bills for such insurance coverage may have been obtained from another insurance carrier, additional premiums shall be rendered by Landlord and Tenant shall pay be collectible as additional rent. Tenant will indemnify Landlord and save it harmless from and against any kind and all claims, actions, damages, liability and expense in connection with loss of life, personal injury and/or damage to property arising from or out of any occurrence in, upon demand or at the leased premises or any part thereof, or occasioned wholly or in part by any act or omission of LandlordTenant, its agents, contractors, employees, servants, tenants, or concessionaires. In case Landlord shall, without fault on its part, be made a party to any litigation commenced by or against Tenant, then Tenant shall protect and hold Landlord harmless and shall pay all premiums, costs, charges expenses, and expenses reasonable attorney's fees incurred or expended paid by Landlord in obtaining connection with such insurancelitigation. Notwithstanding Tenant shall procure insurance coverage required of Tenant hereunderalso pay all costs, Landlord shall in no manner expenses and reasonable attorney's fees that may be liable to Tenant for any insufficiency incurred or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance paid by Landlord shall not relieve Tenant of its obligations under in enforcing the covenants and agreements in this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceLease.
Appears in 2 contracts
Sources: Lease (CVD Equipment Corp), Lease (CVD Equipment Corp)
Liability Insurance. Tenant shall, at Tenant's expense, obtain and keep in force during the entire term hereof, keep in full force and effect bodily injury and Term of this Lease a policy of comprehensive public liability insurance in an amount with limits not less than FIVE HUNDRED THOUSAND DOLLARS $2,000,000, combined single limit, insuring Landlord and Tenant against any liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto, as their interests may appear. The limit of said insurance shall not, however, limit the liability of the Tenant hereunder. Tenant may carry said insurance under a blanket policy, providing, however, said insurance by Tenant shall have a Landlord's protective liability endorsement attached thereto. If Tenant shall fail to procure and maintain said insurance, Landlord may, but shall not be required to, procure and maintain same, but at the expense of Tenant after notifying Tenant and allowing ten ($500,00010) / ONE MILLION DOLLARS business days. Tenant shall deliver to Landlord prior to occupancy of the Premises certificates evidencing the existence and amounts of such insurance with named insured as their interests may appear. No policy shall be cancelable or subject to reduction of coverage except after thirty ($1,000,00030) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida lawdays' prior written notice to Landlord. Landlord may require such insurance coverage to be increased after shall obtain and keep in force during the first five years of the term Term of this Lease, provided that such increase shall not cause comprehensive public liability insurance on the required limits of coverage to exceed those then commonly prevailing Building, workers' compensation insurance in compliance with Applicable Laws and special form property insurance or all risk property insurance, in the marketplace amount of the full replacement value, on the shell and core of the Building, on the Premises, on all finish items and fixtures in the Premises, whether installed pursuant to the Work Letter or otherwise, and on the Property, from such companies and on such terms and conditions, including loss of rental insurance, as customarily maintained by landlords for similar situationsother commercial buildings in the same geographical area as the Building. Landlord shall deliver to Tenant prior to occupancy of the Premises certificates evidencing the existence and amounts of such insurance with named insured as their interests may appear. The policy(s) shall name costs of Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The 's insurance shall be included in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceOperating Expenses.
Appears in 2 contracts
Sources: Lease (Hei Inc), Lease (Colorado Medtech Inc)
Liability Insurance. Tenant shallPrior to entry upon the leased lands the Lessee or transferee shall obtain, at its own cost and expense, and maintain in force during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits a policy or policies of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, comprehensive general public liability and property damage insurance from any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by to do business in the State of Florida Hawaii covering liability for injuries to persons, wrongful death, and damages to property caused by any occupancy, use, operations or any other activity on leased lands carried on by Lessee or transferee, its agents or contractors in connection therewith, in the following minimum amounts:
a. Comprehensive General Bodily Injury Liability - $300,000.00 each occurrence, $1,000,000.00 aggregate.
b. Comprehensive General Property Damage $50,000.00 each occurrence, $100,000.00 aggregate. Liability coverage for injury or damage to persons or property caused by explosion, collapse and underground hazards are to be included prior to initiation of operations to drill a copy well for geothermal discovery, evaluation or production. Lessee shall evidence such additional coverage to the Chairman prior to initiation of drilling operations. If the land surface and improvements thereon covered by this Lease are owned or leased by a person other than the State of Hawaii, the owner and lessee, if any, of the policy or a certificate of insurance surface and improvements shall be delivered a named insured. The State of Hawaii, the Hawaii State Board of Land and Natural Resources, the Chairman of the Board of Land and Natural Resources, and the Department of Land and Natural Resources, shall also be named insureds. No cancellation provision in any insurance policy shall release the Lessee of the duty to Landlord prior to the commencement of furnish insurance during the term of this Lease. In no event shall A signed and complete certificate of insurance, containing the limits of said insurance policies be considered as limiting special endorsement prescribed in the liability of Tenant under this Lease. In regulations and indicating the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required by this paragraph, shall be submitted to be obtained the Chairman prior to entry upon the leased lands. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certificate of insurance, indicating the coverage required by Tenant under this Leaseparagraph, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective showing that a lesser premium for such insurance coverage may have has been obtained from another insurance carrierrenewed or extended, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage filed with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceChairman.
Appears in 2 contracts
Sources: Geothermal Resources Mining Lease (Ormat Technologies, Inc.), Geothermal Resources Mining Lease (Ormat Technologies, Inc.)
Liability Insurance. Tenant shall at all times during the term hereof and at its own cost and expense procure and continue in force Worker’s Compensation Insurance and Bodily Injury Liability and Properly Damage Liability Insurance adequate to protect Landlord and naming Landlord as an additional named insured under the liability policy against liability, injury, or death of any person in connection with the use, operation, or condition of the Leased Premises. Such insurance shall be in an amount of not less than $2,000,000 per occurrence and not less than $2,000,000 in the aggregate, for bodily injury and property damage. The limits of such insurance shall not limit the liability of Tenant. Said insurance shall have a Landlord’s Protective Liability Endorsement attached thereto. All insurance required hereunder shall be with companies rated at B+ or better in Best’s Insurance Guide. Tenant shall deliver to Landlord certificates of insurance evidencing the existence and amounts of such insurance with loss payable clauses satisfactory to Landlord, provided that in the event Tenant fails to procure and maintain such insurance, Landlord may (but shall not be required to) procure same at Tenant’s expense after ten (10) days prior written notice. No such policy shall be cancelable or subject to reduction of coverage or other modification except after thirty (30) days prior written notice to Landlord by the insurer. Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord within twenty (20) days prior notice. The to the expiration of such policies furnish Landlord with renewals or binders, or Landlord may order such insurance and charge the cost to Tenant, which amount shall be in an insurance company licensed payable by the State of Florida and a copy of the policy or a certificate of insurance Tenant upon demand. All such policies shall be delivered to written as primary policies, not contributing with and not in excess of coverage which Landlord prior to the commencement of the term of this Leasemay have. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail have the right to obtain or maintain in full force and effect any provide such insurance coverage required pursuant to be blanket policies obtained by Tenant under this Leaseprovided such blanket policies expressly afford coverage to the Leased Premises, Landlord may procure same from insurance carriers as Landlord may deem properthe Project, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrierLandlord, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended required by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceLease.
Appears in 2 contracts
Liability Insurance. a. The Tenant, at the Tenant’s own cost and expense, will maintain throughout the Term the following insurance coverage:
i. A policy or policies of commercial general liability insurance, including contractual liability coverage and a broad form endorsement, on an occurrence basis insuring the Landlord and the Tenant shallagainst claims or demands for personal injuries to or death of any person, during and damage to or destruction or loss of property, that may or may be claimed to have occurred on the entire term hereofPremises. Such policies shall cover such risks and be in such amounts as the Landlord from time to time may reasonably request, keep but in full force and effect any event with a combined single limit for bodily injury and public liability insurance in an amount property damage per occurrence of not less than FIVE HUNDRED THOUSAND DOLLARS Two Million Dollars ($500,000) / ONE MILLION DOLLARS ($1,000,000) per 2,000,000.00).
ii. A policy or policies of commercial motor vehicle liability insurance insuring the Landlord and the Tenant against claims or demands for personal injuries to or death of any person, and damage to or destruction or loss of property, that may or may be claimed to have occurred on the Premises or in the vicinity of the same. Such policies shall cover such risks and be in such amounts as the Landlord from time to time may reasonably request, but in any event with a combined single limit for bodily injury and accident, respectively; property damage insurance in an amount per occurrence of not less than ONE HUNDRED THOUSAND DOLLARS One Million Dollars ($100,0001,000,000.00); and worker.
iii. Worker’s compensation insurance as required by Vermont law.
b. The Tenant shall deliver to the Landlord certificates of the required insurance coverage and evidence of payment of all premiums promptly upon demand by the Landlord, which certificates shall show the Landlord and the Landlord’s mortgagee as an additional insured and shall provide that no cancellation, reduction in amount, or material change in coverage shall be effective until at least thirty (30) days after receipt of written notice thereof by the Landlord. The minimum limits shall be increased on each five (5) year anniversary of the Commencement Date to such higher amounts as are customarily carried by owners of similar properties in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this LeaseAddison County, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. Vermont area.
c. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain comply with the rules and requirements of all insurance companies having policies of any kind whatsoever in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, covering the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancePremises.
Appears in 2 contracts
Sources: Ground Lease, Ground Lease
Liability Insurance. Tenant shallIn addition to and independent of all other provisions of this Lease, Lessee shall take out and keep in force during the entire term hereof, keep in full force at Lessee’s sole cost and effect bodily injury and expense, a policy of comprehensive public liability insurance to protect against any liability to the public incident to the use of or resulting from any accident occurring in an amount or about the premises, the liability under such insurance to be not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS (5,000,000.00 for any one person injured, of $1,000,000) per injury and 5,000,000.00 for any one accident, respectively; or $1,000,000.00 for property damage. All public liability insurance and property damage insurance in an amount not shall insure performance by Lessee of the indemnity provisions of paragraph 22. Both parties hereto shall be named as coinsureds, and the policy shall contain cross-liability endorsements. Not than less than ONE HUNDRED THOUSAND DOLLARS that fifteen ($100,000); and worker’s compensation insurance in 15) days prior to the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years date of commencement of the term of this Lease, provided that such increase Lessee shall not cause secure and deliver to Lessor a certificate of said insurance together with a receipt for the required limits payment of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, premium thereof and Tenant as insured, and shall contain a clause that written undertaking on the insurer will not cancel or change part of the insurance without first giving carrier to notify Lessor in writing at least thirty (30) days prior to any cancellation thereof. Certificates for such insurance shall be deposited by Lessee with Lessor on renewal of the Landlord policy, not less than twenty (20) days before expiration of the term of the prior noticepolicy. The Lessee agrees, if Lessee does not keep such insurance in full force and effect, that Lessor may take out the necessary insurance and pay the premium therefor. Repayment of said premium shall be in an insurance company licensed by the State of Florida and deemed to be a copy part of the policy rental and payable as such on the next day upon which rent becomes due. This Lease is made upon the express condition that Lessor is to be free from all liability and claim for damages by reason of any injury to any person or a certificate persons, including Lessee, or property of insurance shall be delivered any kind whatsoever and to Landlord prior to whomever belonging, including Lessee, from any cause or causes whatsoever, while in, upon or anyway connected with the commencement of premises during the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss extension thereof, or any occupancy thereunder, Lessee hereby covenanting and agreeing to Tenant occasioned therebyindemnify and save harmless Lessor from all liability, loss, cost and additionally, the procurement obligation on account of such insurance by Landlord shall not relieve Tenant or arising out of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss injuries or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancelosses howsoever occurring.
Appears in 2 contracts
Sources: Lease Agreement (Alpha Teknova, Inc.), Lease Agreement (Alpha Teknova, Inc.)
Liability Insurance. The Tenant shall, during the entire term hereof, keep agrees to maintain in full force from the date upon which the Tenant first enters the Premises for any reason, throughout the Term, and effect bodily injury and public thereafter, so long as the Tenant is in occupancy of any part of the Premises, by a program of self-insurance acceptable to Landlord, or by a policy of commercial general liability insurance under which the Landlord (and the Building’s managing agent, any ground lessor and any holder of a first mortgage on the Property of whom the Tenant is notified by the Landlord, collectively, the “Additional Named Insureds”) and the Tenant are named as insureds, and under which the insurer provides a contractual liability endorsement insuring against all cost, expense and liability arising out of or based upon any and all claims, accidents, injuries and damages described in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentSection 7.1, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida lawbroadest form of such coverage from time to time available. Landlord may require Unless provided by self-insurance, each such insurance coverage policy shall be noncancellable and nonamendable (to be increased after the first five years extent that any proposed amendment reduces the limits or the scope of the term of insurance required in this Lease) with respect to the Landlord and such ground lessor and first mortgagee without thirty (30) days’ prior notice to the Landlord and the Additional Named Insureds, provided that such increase except for notice of cancellation due to non-payment of premium, if any, which shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(sbe ten (10) shall name Landlord, any person, firms or corporations designated by Landlorddays’ prior notice, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior the Landlord. The minimum limits of liability of such insurance as of the Commencement Date shall be Five Million Dollars ($5,000,000.00) per occurrence for combined bodily injury (or death) and damage to property. Notwithstanding anything in this Lease to the commencement contrary, Tenant may elect to self-insure against any and all of the term risks, or portion thereof, against which Tenant is required to insure pursuant to the terms of this Lease, provided that either (i) the Chief Financial Officer of Tenant certifies annually that Tenant has a US tax tangible net worth, as of the end of the Tenant’s most recent reporting period of not less than One Hundred Fifty Million Dollars ($150,000,000) as computed in accordance with the Generally Accepted Accounting Principles (GAAP), (“Tenant’s Net Worth”), or (ii) the Chief Financial Officer of Guarantor certifies annually that Guarantor has a US tax tangible net worth, as of the end of the Guarantor’s most recent reporting period, of not less than One Hundred Fifty Million Dollars ($150,000,000) as computed in accordance with GAAP, (“Guarantor’s Net Worth”). In no event shall the limits of said With regard to this Lease, self-insurance policies will be considered as limiting insurance for the liability purposes of Tenant under this complying with the terms and conditions of the Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Should Tenant’s failure Net Worth be less than $150 Million, Tenant may not avail itself of the election to maintain such insuranceself-insure.
Appears in 2 contracts
Sources: Lease Agreement (Fulcrum Therapeutics, Inc.), Lease Agreement (Fulcrum Therapeutics, Inc.)
Liability Insurance. Tenant shall, during the entire term hereofat its own cost and expense, keep and maintain in full force and effect bodily injury and public during the Lease Term a policy of commercial general liability insurance in an amount insuring Tenant's activities with respect to the Leased Premises and the Building against loss, damage or liability for personal injury or death or loss or damage to property with a limit of not less than FIVE HUNDRED THOUSAND DOLLARS Two Million Dollars ($500,0002,000,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentcombined single limit for policies without a general aggregate limit. For such policies with a general aggregate limit, respectively; property damage insurance in an amount such aggregate limit shall be not less than ONE HUNDRED THOUSAND DOLLARS Five Million Dollars ($100,0005,000,000) and include an endorsement providing that the foregoing limit shall apply per location, including the Leased Premises, and have an occurrence limit not less than Two Million Dollars ($2,000,000); and worker’s compensation insurance . In the event Tenant obtains a policy with a general aggregate limit, Tenant shall immediately notify Landlord if claims covered by such policy or policies at any time are made against Tenant, which claims exceed fifty percent (50%) or more of the aggregate limit. Notwithstanding the foregoing, if during the Lease Term, in Landlord's reasonable judgment, the maximum amount permitted under Florida law. policy limits required hereunder are no longer adequate to provide reasonable protection to Landlord, Landlord may require notify Tenant of such inadequacy and an appropriate level of coverage and Tenant, within thirty (30) days of receiving such a notice, shall obtain such additional amounts of insurance coverage and provide Landlord with satisfactory evidence thereof. Reference may be made to policy amounts required by other landlords for similar space and operations in determining what is reasonable protection hereunder. The insurance required under this Section shall be increased after the first five years of the term of this Lease, provided with companies rated A-VII or better in Best's Insurance Guide. The insurance policy shall contain a provision that such increase policy and the coverage evidenced thereby shall not cause the required limits of coverage be primary and noncontributing with respect to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name any policies carried by Landlord, and that any personcoverage carried by Landlord shall be excess insurance. Landlord, firms or corporations and any other parties in interest designated by Landlord, and Tenant shall be named as an additional insured, and . The insurance policy shall contain a clause provision that the insurer will not cancel cancel, materially change or change fail to renew the insurance coverage provided by such policy without first giving the Landlord twenty forty-five (2045) days days' prior written notice. The insurance Tenant shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered deliver to Landlord prior upon the Commencement Date and from time to time thereafter as requested by Landlord copies of all policies of such insurance or certificates thereof showing Landlord as an additional insured and the commencement of the term of this Leaseapplicable policy limits thereof. In no event shall the limits of said insurance such policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.
Appears in 2 contracts
Sources: Office Lease (Eddie Bauer Holdings, Inc.), Office Lease (Eddie Bauer Holdings, Inc.)
Liability Insurance. Tenant shallshall obtain, during at its own expense, comprehensive general liability insurance coverage, including blanket contractual coverage, against claims for or arising out of bodily injury, death or property damage occurring in, on or about the entire term hereofPremises, keep which policy or policies shall name Landlord as an additional insured. The policy may be either a dual limit policy in full force the amounts of $1,000,000 per person and effect $1,000,000 per occurrence for bodily injury and public liability insurance $1,000,000 per occurrence for property damage or a single limit policy in an the amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS (of $1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require that the limits of such insurance coverage to be increased after the first five years in reasonably appropriate amounts as may be determined by Landlord or any mortgagee of the term of this LeaseBuilding; provided, provided however, that such increase shall not cause the required limits amount of coverage will not be increased more frequently than at one (1) year intervals. Such policy shall be issued by an insurance company reasonably acceptable to exceed those then commonly prevailing in the marketplace for similar situationsLandlord. The policy(spolicy procured by Tenant under this Subsection 8.01 must provide for at least thirty (30) days written notice to Landlord of any cancellation. On or before the Commencement Date, Tenant shall name deliver to Landlord, any personat Landlord’s option, firms a certificate of insurance or corporations designated by Landlorda certified copy of the original policy, and together with receipts evidencing payment of the premiums therefore. Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the deliver certificates of renewal for such policies to Landlord twenty at least thirty (2030) days prior noticeto the expiration dates thereof. The insurance shall provided by Tenant under this Subsection 8.01 may be in an the form of a blanket insurance company licensed by policy covering other properties as well as the State of Florida and Premises; provided, however, that Tenant must furnish Landlord with a copy written statement from the insurer(s) under such policy or policies which statement shall (i) specify the policy limits of the policy or a certificate policies, (ii) state that the Premises and this Lease are covered by such policy or policies and (iii) state the amount of total insurance shall be delivered to Landlord prior allocated to the commencement Premises; provided, further, that any such policy or policies of blanket insurance must, as to the term Premises, otherwise comply as to insurance amounts, endorsements, notice of cancellation and coverage with the other provisions of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceSubsection 8.01.
Appears in 2 contracts
Sources: Lease Agreement (Aastrom Biosciences Inc), Lease Agreement (Aastrom Biosciences Inc)
Liability Insurance. Tenant shall, at its sole cost and expense shall maintain during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this LeaseLease public liability, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlordproperty damage and products and completed operations liability insurance, any personinsuring Tenant and Tenant's employees and authorized representatives against all bodily injury, firms or corporations designated by Landlordproperty damage, personal injury, and Tenant other loss or liability connected with Tenant's maintenance, occupation and use 6 of the Premises under this Lease in amounts not less than $1,000,000.00 per occurrence, $2,000,000.00 annual aggregate bodily injury and property damage combined single limit as insured, a result of any accident or incident. Both public liability insurance and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The property damage insurance shall be in an insurance company licensed insure performance by the State of Florida and a copy Tenant of the policy or a certificate indemnity provision of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall sub-paragraph (e) below, but the limits of said such insurance policies be considered as limiting shall not, however, limit the liability of Tenant under this Leasehereunder. Both Landlord and Tenant shall be named as additional insureds, and the policies shall contain cross-liability endorsements. If Tenant shall fail to procure and maintain such insurance the Landlord may, but shall not be required to, procure and maintain same at the expense of Tenant and the cost thereof, together with interest thereon at the rate of ten (10%) percent per annum, shall become due and payable as additional rental to Landlord together with Tenant's next rental installment. Tenant shall deliver copies of said policies to Landlord within ten (10) days of their issuance, and shall not cancel or modify same without first providing thirty (30) days notice to Landlord. In the event that Tenant shall fail to obtain Landlord determines, in Landlord's reasonable judgement, that the limits of public liability, property damage, or maintain in full force and effect any products liability insurance coverage required to be obtained then carried by Tenant under this Leaseare materially less than the amount or type of insurance typically carried by owners or tenants of properties located in the same county in which the Premises are located, which are similar to and operated for similar business purposes a the Premises, Landlord may procure same from insurance carriers as elect to require Tenant to increase the amount of specific coverage, change the type of policy carried, or both. If Landlord may deem properso elects, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand be notified in writing of the specific change in policy amount or type required and shall have 30 days after the date of Landlord's notice to effect the change in amount or type of policy. Unless otherwise agreed by Landlord and Tenant, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations adjustment under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancesection may be made not more than every year.
Appears in 2 contracts
Sources: Commercial Lease (Easyriders Inc), Commercial Lease (Easyriders Inc)
Liability Insurance. Tenant at all times during the Lease Term shall, during the entire term hereofat its own expense, keep in full force and effect bodily injury and public comprehensive general liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS with “personal injury” coverage and contractual liability coverage, within minimum limits of Two Million and No/100 Dollars ($500,0002,000,000.00) / ONE MILLION DOLLARS on account of bodily injuries to, or death of, one or more than one person as the result of any one accident or occurrence and Five Hundred Thousand and No/100 Dollars ($1,000,000500,000.00) per injury and accident, respectively; on account of damage to property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in as the maximum amount permitted under Florida lawresult of any one accident or occurrence. Landlord may require and Landlord’s lenders shall be named as additional insureds on such policy, and such policy shall provide that (i) such insurance coverage to shall be increased after the first five years of the term of this Lease, provided that such increase primary and shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(scontribute with any insurance carried by Landlord and (ii) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving company issuing the same shall notify Landlord twenty thirty (2030) days prior notice. The insurance shall be in an insurance company licensed by to the State of Florida and a copy expiration date of the policy or a certificate of insurance shall be delivered to Landlord if the policy is not renewed prior to the commencement of the term of this Leasesuch date. In no event shall the limits of said All insurance policies be considered as limiting or duly executed certificates for the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage same required to be obtained carried by Tenant under this Lease, together with satisfactory evidence of the payment of the premiums thereof, shall be deposited with Landlord on the date Tenant first occupies the Leased Premises and upon renewals of such policies not less than fifteen (15) days prior to the expiration of the term of the same. All insurance required to be carried by Tenant under this Lease shall be in form and content, and written by insurers, reasonably acceptable to Landlord. If Tenant shall fail to comply with any of the requirements contained herein relating to insurance, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for obtain such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay to Landlord, on demand, as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant rent hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure one hundred fifteen percent (115%) of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancepremium cost thereof.
Appears in 2 contracts
Sources: Office Lease (Pc Connection Inc), Office Lease (Pc Connection Inc)
Liability Insurance. (a) Tenant shall, during the entire term hereof, shall obtain and keep in full force and effect bodily injury (i) an “all risk” insurance policy for all improvements made by Tenant to the Premises (including, without limitation, Tenant’s Work) and public Tenant’s property at the Premises, and (ii) a policy of commercial general liability and property damage insurance on an occurrence basis, with a broad form contractual liability endorsement. Such policies shall provide that Tenant is named as the insured. Landlord, Landlord’s managing agent and any mortgagees (whose names shall have been furnished to Tenant by Landlord) shall be named as additional insured, as their respective interests may appear with respect to the insurance required to be carried pursuant to clause (i) above, and to the extent of the named insured’s negligence with respect to the insurance required to be carried pursuant to clause (ii) above. Such policy with respect to clause (ii) above shall include a provision under which the insurer agrees to indemnify and hold Landlord, Landlord’s managing agent, Landlord’s agent and such lessors and mortgagees harmless from and against, subject to the limits of liability set forth in this Article 13(a), all cost, expense and liability arising out of or based upon, any and all claims, accidents, injuries and damages mentioned in Article 38(c) hereof. In addition, the policy required to be carried pursuant to clause (ii) above shall contain a provision that (a) no act or omission of Tenant shall affect or limit the obligation of the insurer to pay the amount of any covered loss sustained, and (b) the policy shall provide that Landlord shall receive at least thirty (30) days’ written notice of any-cancellation thereof. The policy required pursuant to this Article 13 shall be for a combined single limit with respect to each occurrence in an amount of $1,000,000 (and a minimum umbrella limit of $5,000,000) for injury (or death) to personal and damage to property, which amount may be increased (not less more frequently than FIVE HUNDRED THOUSAND DOLLARS one ($500,0001) / ONE MILLION DOLLARS time in every three ($1,000,0003) per injury years) to that amount of insurance which in Landlord’s reasonable judgment is then being customarily required by prudent landlords of first class demised premises in New Haven County of tenants having substantially similar office or ancillary uses to those of Tenant. All insurance required to be carried by Tenant pursuant to the terms of this Lease shall be effected under valid and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); enforceable policies issued by reputable and worker’s compensation insurance independent insurers licensed to do business in the maximum amount permitted under Florida lawState of Connecticut, and rated in Best’s Insurance Guide, or any successor thereto (or if there be none, an organization having a national reputation) as having a general policy holder rating of “A” and a financial rating of at least “XIII”. No failure on Tenant’s part to maintain any of the insurance required pursuant to this Article 13 shall vitiate Tenant’s liability to indemnify Landlord may require and all other parties named herein as additional insureds from and against all claims, damages, loss, liability and expense which would otherwise have been covered by such insurance coverage coverage.
(b) On or prior to the Commencement Date, Tenant shall deliver to Landlord appropriate certificates or insurance, (including evidence of waiver of subrogation required pursuant to Article 13(d) hereof required to be increased after the first five years carried by Tenant pursuant to this Article 13. Evidence of the term each renewal or replacement of this Lease, provided that such increase a policy shall not cause the required limits of coverage be delivered by Tenant to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord at least twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement expiration of such insurance by policy.
(c) Tenant agrees that Landlord shall not relieve Tenant of its obligations under this Lease be obligated to maintain carry insurance coverage in the types and amounts herein specifiedon, and shall not be responsible for damage to any improvements made to the Premises by Tenant (including without limitation, Alterations or Tenant’s personnel property at the Premises), and that Landlord shall nevertheless hold not carry insurance against, or be responsible for any loss suffered by Tenant due to, interruption of Tenant’s business, provided that such interruption does not arise out of or in connection with the negligence or willful misconduct of Landlord harmless or its agents, employees or contractors.
(d) The parties hereto shall procure an appropriate clause in, or endorsement on, any fire or extended coverage insurance covering the Premises and personal property, fixtures and equipment located thereon or therein, pursuant to which the insurance companies waive subrogation or consent to a waiver of right of recovery and having obtained such clauses or endorsements of waiver of subrogation or consent to a waiver of right of recovery, and each party on behalf of itself and all persons claiming under or through such party by subrogation or otherwise hereby releases the other party and agrees that it will not make any claim against or seek to recover from the other for any loss or damage incurred to its property or suffered the property of others resulting from fire or other hazards covered by Landlord from Tenant’s failure such fire and extended coverage insurance, provided, however, that the release, discharge, exoneration and covenant not to maintain such insurance.▇▇▇ herein contained shall be limited by and be coextensive with the terms and provisions of the waiver of subrogation clause or endorsements or clauses or endorsements consenting to a waiver of right of
Appears in 2 contracts
Sources: Lease (Surgiquest Inc), Lease (Surgiquest Inc)
Liability Insurance. Tenant shallTenant, at Tenant’s expense, agrees to keep in force during the entire term hereof, keep in full force and effect Term of this Lease a policy of commercial general liability insurance with combined single limit coverage of not less than Two Million Dollars ($2,000,000) per occurrence for bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage occurring in, on or about the Premises, including parking and landscaped areas. Such insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); shall be primary and worker’s compensation noncontributory as respects any insurance in the maximum amount permitted under Florida lawcarried by Landlord. Landlord may require The policy or policies affecting such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇, as Trustee of the ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Separate Property Trust dated July 20,1977, as amended; the ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Separate Property Trust; ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ as an individual; ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, as Trustee under the ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Survivor’s Trust dated July 20, 1977, as amended; the ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Survivor’s Trust; ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, as an individual; and any personbeneficiaries, firms trustees and successor trustees, other partners or corporations designated by Landlord, and Tenant co-venturers of Landlord or said trusts as insuredadditional insureds (collectively “Landlord Entities”), and shall contain a clause insure any liability of the Landlord Entities, contingent or otherwise, as respects acts or omissions of Tenant, its agents, employees or invitees or otherwise by any conduct or transactions of any of said persons in or about or concerning the Premises, including any failure of Tenant to observe or perform any of its obligations hereunder; shall be issued by an insurance company admitted to transact business in the State of California; and shall provide that the insurer will insurance effected thereby shall not cancel or change the insurance without first giving the Landlord twenty be canceled, except upon thirty (2030) days days’ prior noticewritten notice to Landlord. The Tenant’s insurance shall be primary as respects to the Landlord Entities, or if excess, shall stand in an unbroken chain of coverage. In either event, any other insurance company licensed maintained by the State Landlord Entities shall be in excess of Florida Tenant’s insurance and a copy of the policy or shall not be called upon to contribute with any insurance required to be provided by Tenant. The required insurance shall be reflected on a certificate of insurance of said policy, which certificate shall be delivered to Landlord prior concurrently with Tenant’s return of this executed Lease to Landlord. If, during the commencement of the term Term of this Lease. In no event shall , in the limits of said insurance policies be reasonable considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand opinion of Landlord’s Lender, any and all premiumsinsurance advisor, costsor counsel, charges and expenses incurred or expended by Landlord the amount of insurance described in obtaining such insurance. Notwithstanding shall procure insurance this Paragraph 15 is not adequate, Tenant agrees to increase said coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such reasonable amount as Landlord’s Lender, insurance advisor, or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord counsel shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancedeem adequate.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Ruckus Wireless Inc)
Liability Insurance. Tenant shall(a) TENANT shall defend LANDLORD against, during and shall be responsible for, and shall save LANDLORD harmless from and against, any and all claims for damages to persons or property resulting from or arising out of TENANT's occupancy of the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of Leased Premises throughout the term of this Leaselease. TENANT, provided that such increase at all times during the term hereof, at its sole cost and expense, shall not procure, or cause to be procured, and keep in force comprehensive liability insurance, including personal injury and property damage, insuring against all claims and liability arising out of the required use or occupancy of the Leased Premises by TENANT, with limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(sliability of not less than Two Million Dollars ($2,000,000) shall name Landlord, any person, firms .The policy or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The policies of insurance shall be in standard form and shall name LANDLORD therein as an additional insured, together with TENANT, and shall be issued by insurers acceptable to LANDLORD. Premiums for all policies of insurance company licensed herein referred to and all renewals thereof shall be paid by TENANT on or before the State of Florida and a copy beginning date of the next annual policy or a certificate renewal period and, if so requested, certificates thereof shall be furnished to LANDLORD by TENANT promptly upon the issuance of each such policy or renewal thereof.
(b) LANDLORD, at all times during the term hereof, shall procure, or cause to be procured, and keep in force comprehensive liability insurance, including personal injury and property damage, covering the parking area, the Common Areas and all other public areas in and around the Building with limits of liability of not less than Two Million Dollars ($2,000,000). The policy or policies of insurance shall be delivered in standard form and shall name TENANT therein as an additional insured, together with LANDLORD, and shall be issued by insurers acceptable to Landlord prior TENANT. Premiums for all policies of insurance herein referred to and all renewals thereof shall be paid by LANDLORD on or before the commencement beginning date of the term next annual policy or renewal period and, if so requested, certificates thereof shall be furnished to TENANT by LANDLORD promptly upon the issuance of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain each such policy or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancerenewal thereof.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Radiant Energy Corp)
Liability Insurance. Tenant shalla. LESSEE shall procure, during maintain and carry, at its sole cost, in accordance with and for the entire term hereofTerm of this Agreement all insurance, keep as required per the amounts as set forth in full force this Section. Insurance shall be furnished by a company meeting the reasonable approval of the LESSOR. Policy deductible amounts also require reasonable approval of the LESSOR.
b. Insurance certificates shall be issued on a standard ▇▇▇▇▇ form or such other documentation as may be acceptable to LESSOR in its discretion and effect bodily injury and public liability include the NAIC number of the insuring company. Each insurance company’s rating, as shown in an amount not the latest Best’s Key Rating Guide, shall be no less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentA-VII, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in unless otherwise approved by the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this LeaseLESSOR, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain from a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed Workers’ Compensation pool approved by the State of Florida Kansas. Insurance certificates must be received and a copy approved by the LESSOR prior to occupancy. ▇▇▇▇▇▇ retains the right to require changes in the character, coverages and amounts of coverage commensurate with changes in the LESSEE’S use of the Premises. All policy or a deductibles shall be shown on the certificate of insurance and meet the approval of the LESSOR.
c. The failure of LESSOR to reject the LESSEE’S proffered insurance shall not be deemed to constitute an acceptance by the LESSOR of deficient insurance coverage. If the LESSEE fails to procure or maintain any of the specified coverages, the LESSOR has the right, but not the obligation, to secure the coverage and charge the cost to the LESSEE along with a 20% administrative fee.
d. The LESSEE shall be delivered to Landlord prior to responsible for determining the commencement of the term of this Lease. In no event shall the types and limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required by any approved sublessee, permittee or contractor of the LESSEE commensurate with the type of activity and associated risk levels. At a minimum, any SUBLESSEE shall carry Workers’ Compensation, general liability (minimum of $1,000,000 per occurrence) and automobile liability (minimum of $500,000 combined single limit). LESSEE shall require in any approved sublease that the Wichita Airport Authority and the City of Wichita shall be added as primary and non- contributory additional insureds on the sublessee’s general liability policy.
e. The requirements, procurement and carrying of the required insurance shall not limit any of the LESSEE’s obligations or liability under this Agreement or as a matter of law.
f. Where “minimum limits” of insurance are specified in this Section, such minimum insurance limits are required and considered by LESSOR to be obtained by Tenant the lowest insured amounts acceptable under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such Agreement. The LESSEE is not limited or restricted whatsoever in securing additional insurance coverage may have been obtained from another insurance carrierand higher insured limits than those specified herein if, at the LESSEE’s determination and Tenant discretion and commensurate with the type of activity and associated business and operational risk, additional coverage and higher limits are necessary and appropriate.
g. Insurance shall pay as additional rentinclude the following terms, upon demand of Landlord, any conditions and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.minimum limits:
Appears in 2 contracts
Liability Insurance. Tenant shall, during the entire term hereofat Tenant's expense, obtain and keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of during the term of this Lease, provided that such increase shall not cause the required limits Lease a policy of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(scommercial general liability insurance insuring Landlord (as an additional insured) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insuredagainst claims and liabilities arising out of the operation, and maintenance, use, or occupancy of the Premises. Such insurance shall provide combined single limit coverage of not less than Three Million Dollars ($3,000,000.00) per occurrence. Such liability insurance shall contain a clause that contractual liability endorsement. Landlord shall have the insurer will not cancel or change right to require Tenant to increase the amount of coverage of such commercial general liability insurance without first giving to the extent reasonably necessary to bring such insurance coverage into conformity with the level of coverage commonly carried by similar businesses in California, which right Landlord twenty may exercise no more frequently than once every three (203) days prior noticeyears during the lease term. The insurance shall be in an insurance company licensed provided by companies with a Best's Insurance Guide rating of at least A- VIII or higher. Tenant shall deliver to Landlord, prior to possession, and at least thirty (30) days prior to the State of Florida and a copy of the policy or expiration thereof, a certificate of insurance evidencing the existence of the policy required hereunder and such certificate shall certify that the policy (1) names Landlord as an additional insured, (2) shall not be canceled without thirty (30) days prior written notice to Landlord, (3) insures contractual liability, (4) the coverage is primary and any coverage by Landlord is in excess thereto and (5) contains a cross-liability endorsement. The preceding to the contrary notwithstanding, Landlord agrees that the original Tenant hereunder, Cisco Systems, Inc., may "self insure" against the claims, liabilities, damages, injuries and losses described in Subparagraph 10(b) above so long as Cisco Systems, Inc. has a net worth of not less than Five Hundred Million Dollars ($500,000,000), and the parties hereto agree that such self-insurance shall be delivered primary. The right to Landlord prior so self insure shall apply only to the commencement original Tenant hereunder and shall not apply to any assignee of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Leasesuch original Tenant. In the event the premiums for Landlord's liability insurance are increased by reason of Tenant's self-insurance (whether because of the parties' agreement that the original Tenant hereunder may self-insure or because of claims made or defense undertaken or proceeds paid under Landlord's liability policy which would not have otherwise occurred if Tenant had maintained a policy of liability insurance in accordance with the provisions of Subparagraph 10(b) above), Tenant agrees to pay promptly following demand and receipt of a statement of such increase, but in no event later than fifteen days after such demand and as Additional Rent, the amount of any such increase. The provisions of the immediately preceding sentence shall fail survive termination of this Lease with respect to obtain any increase in Landlord's insurance premiums attributable to Tenant's self-insurance. Landlord shall maintain a policy or maintain in full force policies of comprehensive general liability insurance insuring Landlord (and effect any insurance such others as are designated by Landlord), against liability for personal injury, bodily injury, death and damage to property occurring or resulting from an occurrence in, on or about the Premises and the Common Areas, with such limits of coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem properfrom time to time determine are reasonably necessary for its protection. Tenant shall, irrespective that a lesser premium as Additional Rent, reimburse Landlord for the cost of any such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand policy within thirty (30) days after receipt of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancebilling.
Appears in 2 contracts
Sources: Lease Agreement (Cisco Systems Inc), Lease Agreement (Cisco Systems Inc)
Liability Insurance. Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and (a) The Subrecipient shall maintain public liability and property damage insurance in an amount that protects the Subrecipient and the City and its officers, agents, and employees from any and all claims, demands, actions, and suits for damage to property or personal injury, including death, arising from the Subrecipient's work under this contract. The insurance shall provide coverage for not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS (200,000 for personal injury to each person, $1,000,000) per injury 500,000 for each occurrence, and accident, respectively$500,000 for each occurrence involving property damages; property damage insurance in an amount or a single limit policy of not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation 500,000 covering all claims per occurrence. The limits of the insurance in shall be subject to statutory changes as to maximum limits of liability imposed on municipalities of the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years state of Oregon during the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior noticeagreement. The insurance shall be without prejudice to coverage otherwise existing and shall name as additional insureds the City and its officers, agents, and employees. Notwithstanding the naming of additional insureds, the insurance shall protect each insured in an the same manner as though a separate policy had been issued to each, but nothing herein shall operate to increase the insurer's liability as set forth elsewhere in the policy beyond the amount or amounts for which the insurer would have been liable if only one person or interest had been named as insured. The coverage must apply as to claims between insureds on the policy. The insurance company licensed shall provide that it shall not terminate or be canceled without 30 days written notice first being given to the City Auditor. If the insurance is canceled or terminated prior to completion of the contract, the Subrecipient shall provide a new policy with the same terms. The Subrecipient agrees to maintain continuous, uninterrupted coverage for the duration of the contract. The insurance shall include coverage for any damages or injuries arising out of the use of automobiles or other motor vehicles by the State of Florida and a copy of Subrecipient.
(b) The Subrecipient shall maintain on file with the policy or City Auditor a certificate of insurance certifying the coverage required under subsection (a). The adequacy of the insurance shall be delivered to Landlord prior subject to the commencement approval of the term City Attorney. Failure to maintain liability insurance shall be cause for immediate termination of this Leaseagreement by the City. In no event shall lieu of filing the limits certificate of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionallyherein, the procurement Subrecipient shall furnish a declaration that the Subrecipient is self-insured for public liability and property damage for a minimum of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage the amounts set forth in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceORS 30.270.
Appears in 2 contracts
Sources: Community Development Block Grant Agreement, Agreement and Restrictive Covenant
Liability Insurance. Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount Commercial General Liability (CGL) with a limit not less than FIVE HUNDRED THOUSAND DOLLARS three hundred million dollars $300,000,000 each occurrence, three hundred million dollars ($500,000300,000,000) / ONE MILLION DOLLARS ($1,000,000) per injury products and accidentcompleted operations aggregate, respectively; property damage insurance in an amount and a general aggregate limit of not less than ONE HUNDRED THOUSAND DOLLARS three hundred million dollars ($100,000); 300,000,000) providing coverage for bodily injury, property damage, and worker’s compensation personal injury through any combination of primary and excess or umbrella liability insurance in policies with one reinstatement general aggregate limit for the maximum amount permitted under Florida lawperiod of the policy(ies) term. Landlord may require such Such policies must be project-specific with dedicated limits to this to the PROJECT. The CGL insurance must be written on an ISO occurrence form CG 00 01 04 13 or substitute forms providing equivalent coverage. All excess or umbrella policies shall be “follow form” and afford no less coverage than the primary policy. Such CGL shall cover the INDEMNIFIED PARTIES as additional insureds using ISO Additional Insured Endorsement CG 20 26 (or 20 10 accompanied by 20 37 or equivalent forms providing coverage to the additional insured for completed operation losses). Coverage shall be increased after provided to the first five years INDEMNIFIED PARTIES for CLAIMS proximately caused by reason of the term uses authorized by this LEASE and the location and placement of this LeaseRAIL IMPROVEMENTS within the PROPERTY by the associated ENCROACHMENT PERMITS FOR CONSTRUCTION, provided that such increase unless caused by an INDEMNFIED PARTY’s sole or active negligence or willful misconduct. The policy or policies shall not cause be endorsed to remove exclusions pertaining to any railroads. There shall be no endorsement or modification of the required limits CGL limiting the scope of coverage for liability assumed under an insured contract. Completed operations coverage shall extend for as long as there is any exposure to exceed those then commonly prevailing in liability under a statute of repose or any other applicable statute of limitations. If completed operations coverage through the marketplace end of statutory exposure is not commercially available, completed operations coverage shall extend for similar situationsat least ten (10) years from the completion date of the PROJECT. The policy(s) shall name Landlord, any person, firms All excess or corporations designated by Landlord, and Tenant as insured, and umbrella policies shall contain a drop-down clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force of exhaustion of primary limits and effect any insurance provide coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceprimary CGL.
Appears in 2 contracts
Sources: Right of Way Use Agreement, Right of Way Use Agreement
Liability Insurance. Tenant shallshall maintain, from the Effective Date of this Lease and during the entire term hereofof this Lease and any extension thereof, keep in full force and effect bodily injury and a commercial general liability policy of public liability and property damage insurance in an amount insuring the Property against any and all claims for personal injury, including property damage in, on or about the Leased Premises with a combined single limit per occurrence of not less than FIVE HUNDRED THOUSAND DOLLARS Ten Million ($500,00010,000,000.00) / ONE MILLION DOLLARS Dollars, provided, however, if the premium for the liability insurance hereunder shall exceed six percent (6%) of the average total gross revenues of the last three ski seasons of Tenant, then Tenant shall maintain an amount of liability insurance which Five Hundred Thousand ($1,000,000500,000.00) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years Dollars of premium would purchase or 6% of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situationsgross revenues whichever is greater. The policy(s) Such policy shall name Landlord and Landlord’s mortgagee, if any, (and any person, firms or corporations designated by Landlord, and Tenant Leasehold Mortgagee at its request) as additional insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty Landlord, Landlord’s Mortgagee, or any Leasehold Mortgagee, thirty (2030) days prior written notice. The insurance deductible on the aforesaid policy shall be in an no less than Twenty-Five Thousand ($25,000.00) Dollars. The insurance company licensed by of Tenant shall be rated A or better on the State of Florida A. M. Best rating and shall be a copy of company doing business in Pennsylvania. The primary limit for the policy or a certificate of insurance shall be delivered One Million Dollars at all times. The excess limit shall be Nine Million Dollars. All policies shall be on an occurrence basis not on a claims made basis. All policies shall name Landlord or Landlord’s Mortgagee as an additional insureds. All policies shall name any Planned Community, Homeowner’s Association, Condominium Project or Condominium Association whose property is effected by this Lease or any easements, rights of way, roads, or utilities rights in favor of Tenant as additional insured. All changes in coverage, limits and/or carriers are to be approved by Landlord at least sixty (60) days prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancechange.
Appears in 2 contracts
Liability Insurance. Tenant shallshall obtain, during prior to entering onto the entire term hereofPremises, keep a standard “owner’s, landlord’s and tenant’s” insurance policy from a solvent insurance company authorized and licensed to issue such policies in full force the State of North Carolina, approved by Landlord, insuring against loss, damage or liability for injury to or death of persons and effect loss or damage to property occurring from any cause whatsoever in, upon or about the Premises which coverage shall include commercial liability coverage, and if Tenant serves or sells alcoholic beverages in or from the Premises, liquor liability coverage. Such liability insurance shall be in amounts of not less than One Million and NO/100—Dollars ($1,000,000.00) combined single limit for bodily injury and public liability insurance in an amount property damage with a per occurrence aggregate of not less than FIVE HUNDRED THOUSAND DOLLARS Two Million and NO/100—Dollars ($500,0002,000,000.00) / ONE MILLION DOLLARS and Two Hundred Fifty Thousand Dollars ($1,000,000250,000.00) per injury for damage to property. Tenant and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS Landlord shall be the named insureds ($100,000); and workerat Landlord’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, option any personother persons, firms or corporations designated by Landlord, Landlord shall be additional named insureds) and shall thereafter maintain such a policy of insurance in force until the termination of this Lease; and Tenant as insured, and shall furnish Landlord a copy of each such policy within fifteen (15) days after its issuance. Tenant shall pay all premiums coming due on said insurance. Landlord shall be named an insured in said policy although Tenants’ interest may also be insured in such policy when permissible. Each such policy shall contain a clause that an agreement by the insurer that it will not cancel or change terminate the insurance policy or reduce the limits or amounts of the policy without first giving the having given to Landlord twenty (20) days days’ written notice of its intention to do so. Tenant shall pay the initial premium on such insurance policy prior notice. The insurance shall be in an insurance company licensed by to or upon the State of Florida and a copy commencement of the policy or a certificate term of insurance this Lease and shall be delivered deliver to Landlord prior to a written receipt showing payment of the premium thereon within fifteen (15) days after the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall thereafter pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable premiums necessary to Tenant for any insufficiency or failure of coverage with regard to keep such insurance or any loss to Tenant occasioned thereby, in force and additionally, shall furnish Landlord a written receipt showing payment thereof within fifteen (15) days after the procurement of such insurance by Landlord same shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancehave become due.
Appears in 2 contracts
Sources: Ground Lease Agreement, Ground Lease Agreement (Oak Ridge Financial Services, Inc.)
Liability Insurance. Tenant shall, during the entire term hereofat Tenant's expense, obtain, maintain and keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentforce, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years by advance payment of premiums, during the term of this Lease, provided that such increase shall not cause the required limits Lease a policy of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, comprehensive public liability and property damage insurance insuring Landlord and Tenant as insuredagainst any liability arising out of the ownership, use, occupancy or maintenance of the Leased Premises and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior noticeall areas appurtenant thereto. The Such insurance shall be in an insurance company licensed by the State amount of Florida not less than $1,000,000.00 for injury or death of one person in any one accident or occurrence and a copy in the amount of the policy not less than $1,000,000.00 for bodily injury or a certificate of death for more than one person in any one accident or occurrence. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least $250,000.00. Alternatively, limits shall be delivered to Landlord prior to the commencement not less than $1,000,000.00 bodily injury and property damage liability insurance combined single limit. The limit of the term of this Lease. In no event any such insurance shall the limits of said insurance policies be considered as limiting not, however, limit the liability of the Tenant under this Leasehereunder. In If the event that Tenant shall fail to obtain or procure and maintain in full force and effect any said insurance coverage required to be obtained by Tenant under this Lease, the Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrierthe same, and Tenant shall pay as additional rentbe obligated to reimburse Landlord for the cost thereof, upon demand within five days of receipt of the ▇▇▇▇ therefore. Insurance required hereunder shall be in companies rated A+ or better in "Best's Insurance Guide." Tenant shall deliver to Landlord, any prior to right of entry, certificates evidencing the existence and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining amounts of such insurance. Notwithstanding No policy shall procure be cancelable or subject to reduction of coverage or non-renewed without 30 days prior written notice being given to the Landlord. The insurance coverage required of provided by Tenant hereunder, shall specify that it is primary insurance and any insurance maintained by Landlord shall be in no manner excess and not contributory with Tenant's insurance. Landlord and Tenant agree that they shall not be liable to Tenant the other and hereby release the other for any insufficiency or failure of coverage with regard damage to such insurance or any the Leased Premises and to Tenant's improvements and to loss through business interruption and to loss to Tenant occasioned thereby, personal property from risks insured against under any insurance policies carried by the parties and additionally, in force at the procurement time of such insurance damage. This release shall apply only to the extent that such loss is covered by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and insurance. Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered also maintain worker's compensation insurance as required by Landlord from Tenant’s failure to maintain such insurancestate law.
Appears in 2 contracts
Sources: Agreement and Plan of Reorganization (Biomira Inc), Commercial Lease Agreement (Biomira CORP)
Liability Insurance. Tenant shall, during the entire term hereof, shall obtain at its own expense and keep in full force and effect bodily injury and public during the Term, a policy of commercial general liability insurance (including, without limitation, insurance covering Tenant's contractual liability under this Lease), under which Tenant is named as the insured, and Landlord, Landlord's managing agent, the present and any future mortgagee of the Real Property or the Building and/or such other designees specified by Landlord from time to time, are named as additional insureds. Such policy shall contain a provision that no act or omission of Tenant shall affect or limit the obligation of the insurance company to pay the amount of any loss sustained. Such policy shall also contain a provision which provides the insurance company will not cancel or refuse to renew the policy, or change in any material way the nature or extent of the coverage provided by such policy, without first giving Landlord at least thirty (30) days written notice by certified mail, return receipt requested, which notice shall contain the policy number and the names of the insureds and policy holder. The minimum limits of liability shall be a combined single limit with respect to each occurrence in an amount of not less than FIVE HUNDRED THOUSAND DOLLARS $5,000,000 for injury ($500,000or death) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentdamage to property or such greater amount as Landlord may, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s from time to time, reasonably require. Tenant shall also maintain at its own expense during the Term a policy of workers' compensation insurance in providing statutory benefits for Tenant's employees and employer's liability. Tenant shall provide to Landlord upon execution of this Lease and at least thirty (30) days prior to the maximum amount permitted under Florida law. Landlord may require such termination of any existing policy, a certificate evidencing the effectiveness of the insurance coverage policies required to be increased after maintained hereunder which shall include the first five years named insured, additional insured, carrier, policy number, limits of liability, effective date, the name of the term insurance agent and its telephone number. Tenant shall provide Landlord with a complete copy of this Lease, provided any such policy upon written request of Landlord. Tenant shall have no right to obtain any of the insurance required hereunder pursuant to a blanket policy covering other properties unless the blanket policy contains an endorsement that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name names Landlord, any personLandlord's managing agent and/or designees specified by Landlord from time to time, firms or corporations designated by Landlordas additional insureds, references the Premises, and Tenant as insured, and guarantees a minimum limit available for the Premises equal to the amount of insurance required to be maintained hereunder. Each policy required hereunder shall contain a clause that the insurer will not cancel or change policy and the coverage evidenced thereby shall be primary with respect to any policies carried by Landlord, and that any coverage carried by Landlord shall be excess insurance. The limits of the insurance without first giving the Landlord twenty (20) days prior notice. The insurance required under this subsection shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting not limit the liability of Tenant under this Lease. All insurance required to be carried by Tenant pursuant to the terms of this Lease shall be effected under valid and enforceable policies issued by reputable and independent insurers permitted to do business in the State of New York, and rated in Best's Insurance Guide, or any successor thereto (or if there be none, an organization having a national reputation) as having a general policyholder rating of "A-" and a financial rating of at least "10". In the event that Tenant shall fail fails to obtain or continuously maintain in full force and effect any insurance coverage as required to be obtained by Tenant under this Leasesubsection, Landlord may procure same from insurance carriers as Landlord may deem propermay, irrespective that a lesser premium for at its option and without relieving Tenant of any obligation hereunder, order such insurance coverage may have been obtained from another insurance carrierand pay for the same at the expense of Tenant. In such event, and Tenant shall pay as additional rent, upon demand of repay the amount expended by Landlord, any and all premiumswith interest thereon at the rate set forth in subsection B of Article 19 hereof, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancepromptly following Landlord's written demand therefor.
Appears in 2 contracts
Sources: Lease Agreement (Predictive Systems Inc), Lease Agreement (Predictive Systems Inc)
Liability Insurance. Tenant shall, at its sole cost and expense shall maintain during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this LeaseLease public liability, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlordproperty damage and products and completed operations liability insurance, any personinsuring Tenant and Tenant's employees and authorized representatives against all bodily injury, firms or corporations designated by Landlordproperty damage, personal injury, and Tenant other loss or liability connected with Tenant's maintenance, occupation and use of the Premises under this Lease in amounts not less than $1,000,000.00 per occurrence, $2,000,000.00 annual aggregate bodily injury and property damage combined single limit as insured, a result of any accident or incident. Both public liability insurance and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The property damage insurance shall be in an insurance company licensed insure performance by the State of Florida and a copy Tenant of the policy or a certificate indemnity provision of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall sub-paragraph (e) below, but the limits of said such insurance policies be considered as limiting shall not, however, limit the liability of Tenant under this Leasehereunder. Both Landlord and Tenant shall be named as additional insureds, and the policies shall contain cross-liability endorsements. If Tenant shall fail to procure and maintain such insurance the Landlord may, but shall not be required to, procure and maintain same at the expense of Tenant and the cost thereof, together with interest thereon at the rate of ten (10%) percent per annum, shall become due and payable as additional rental to Landlord together with Tenant's next rental installment. Tenant shall deliver copies of said policies to Landlord within ten (10) days of their issuance, and shall not cancel or modify same without first providing thirty (30) days notice to Landlord. In the event that Tenant shall fail to obtain Landlord determines, in Landlord's reasonable judgement, that the limits of public liability, property damage, or maintain in full force and effect any products liability insurance coverage required to be obtained then carried by Tenant under this Leaseare materially less than the amount or type of insurance typically carried by owners or tenants of properties located in the same county in which the Premises are located, which are similar to and operated for similar business purposes a the Premises, Landlord may procure same from insurance carriers as elect to require Tenant to increase the amount of specific coverage, change the type of policy carried, or both. If Landlord may deem properso elects, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand be notified in writing of the specific change in policy amount or type required and shall have 30 days after the date of Landlord's notice to effect the change in amount or type of policy. Unless otherwise agreed by Landlord and Tenant, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations adjustment under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancesection may be made not more than every year.
Appears in 2 contracts
Sources: Commercial Lease (Easyriders Inc), Commercial Lease (Easyriders Inc)
Liability Insurance. During the Lease Term, Tenant shallshall maintain a policy of commercial general liability insurance (sometimes known as broad form comprehensive general liability insurance) insuring Tenant against liability for bodily injury, during property damage (including loss of use of property) and personal injury arising out of the entire term hereofoperation, keep in full force use or occupancy of the Property. Landlord and effect bodily injury Landlord's agents, whose names shall be provided to Tenant by Landlord, shall be named as an additional insured under such policy. The initial amount of such insurance shall be Two Million and No/100 Dollars ($2,000,000.00) per occurrence and shall be subject to periodic increase based upon inflation, increased liability awards, recommendation of Landlord's professional insurance advisers and other relevant factors. The liability insurance obtained by Tenant under this Paragraph 4.04(a) shall (i) be primary and noncontributing; (ii) contain cross-liability endorsements; and (iii) insure Landlord against ▇▇▇▇▇▇'s performance under Section 5.05 resulting from the negligence of Tenant. The amount and coverage of such insurance shall not limit Tenant's liability nor relieve Tenant of any other obligation under this Lease. Landlord may also obtain comprehensive public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentwith coverage determined by Landlord insuring Landlord against liability arising out of ownership, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years operation, use or occupancy of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situationsProperty. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types be contributory and amounts herein specified, and shall not provide primary insurance. Tenant shall nevertheless hold secure an appropriate clause in, or an endorsement upon, each insurance policy required by this Lease, pursuant to which the insurance company waives subrogation or permits the insured, prior to any loss, to agree with a third party to waive any claim it might have against said third party without invalidating the coverage under the insurance policy. Such waiver of subrogation or permission for waiver of any claim shall extend to the agents and employees of Landlord harmless from any loss or damage incurred or suffered by Landlord from and Tenant’s failure to maintain such insurance, respectively.
Appears in 2 contracts
Sources: Industrial Real Estate Lease (Trimedyne Inc), Industrial Real Estate Lease (Gish Biomedical Inc)
Liability Insurance. Tenant shallwill procure, during the entire term hereofand thereafter will continue to carry, keep in full force and effect bodily injury and public (a) general liability insurance in (occurrence version) with a responsible licensed Oregon insurance company against personal injury claims arising directly or indirectly out of Tenant’s activities on, or any condition of, the Property and/or Improvements, whether or not related to an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury occurrence caused, or contributed to, by Landlord’s negligence, and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and workerwill insure the performance by Tenant of Tenant’s compensation insurance in the maximum amount permitted indemnification obligations under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause and (b) aircraft liability insurance. Tenant’s general liability insurance required to be carried under this Section 6.3 will have a general aggregate limit of no less than $2,000,000.00, a per occurrence limit of no less than $2,000,000.00; the aircraft liability insurance will have a general aggregate and per occurrence limit of no less than $1,000,000.00. Each liability insurance policy required limits under this Lease will be in form and content satisfactory to Landlord and will contain a severability of coverage to exceed those then commonly prevailing in the marketplace for similar situationsinterest clause. The policy(s) shall By separate endorsement, each liability insurance policy will name Landlord and Landlord’s officers, any personemployees, firms or corporations designated by Landlordagents, and Tenant volunteers as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior noticeadditional insureds. The insurance shall Tenant is required to obtain under this Lease may not be in an cancelled without 10 days’ prior written notice to Landlord. Tenant’s insurance company licensed will be primary, and any insurance carried by Landlord will be excess and noncontributing. Tenant will furnish Landlord with policy copies (including applicable endorsements) evidencing the State of Florida insurance coverage, endorsements, and a copy of the policy or a certificate of insurance shall be delivered provisions Tenant is required to Landlord prior to the commencement of the term obtain under this Lease upon Tenant’s execution of this LeaseLease and at any other time requested by Landlord. In no event shall the limits of said If Tenant fails to maintain insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as will have the option, but not the obligation, to obtain such coverage with costs to be reimbursed by Tenant immediately upon ▇▇▇▇▇▇▇▇’s demand. Notwithstanding anything contained in this Lease to the contrary, Landlord may deem proper, irrespective that a lesser premium for such increase the minimum levels of insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage is required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations carry under this Lease by providing Tenant 90 days’ prior written notice. All policies of insurance which Tenant is required by this Lease to maintain insurance coverage in carry will provide that the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceinsurer waives the right of subrogation against Landlord.
Appears in 2 contracts
Sources: Commercial Airport Ground Lease, Non Commercial Airport Ground Lease
Liability Insurance. From the Effective Date through the Expiration Date, Tenant shallshall maintain a policy of commercial general liability insurance (sometimes known as broad form commercial general liability insurance) insuring Tenant against liability for bodily injury, during property damage (including loss of use of property) and personal injury arising out of the entire term hereofoperation, keep use or occupancy of the Premises and Project. Tenant shall name Landlord and upon notification by Landlord to Tenant, Landlord’s boards, directors, officers, employees, agents and subagents, and such other related parties as Landlord may request, individually and collectively, as additional insureds under such policy. Tenant shall also name any lender whose loan is secured by the Project. The initial amount of such insurance shall be Five Million Dollars ($5,000,000) per occurrence and shall be subject to commercially reasonable periodic increase based upon increases consistent with the increases required of other landlords of similar buildings, similar premises and similar tenants in full force the Southeast Valley Submarket. The liability insurance obtained by Tenant under this Section 4.4(a) shall (i) be primary and effect bodily injury non-contributing; (ii) contain cross-liability clauses; and (iii) insure Landlord against Tenant’s performance under Section 5.8, if the matters giving rise to the indemnity under Section 5.08 result from the negligence or other acts or failure to act where a duty to act exists on the part of Tenant and are covered by a standard CGL policy. The amount and coverage of such insurance shall not limit Tenant’s liability nor relieve Tenant of any other obligation under this Lease. Tenant shall be liable for payment of any deductible amount under Tenant’s insurance policies maintained pursuant to this Section 4.4. Landlord may also obtain commercial public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentwith coverage determined by Landlord insuring Landlord against liability arising out of ownership, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years operation, use or occupancy of the term Project but not in excess of this Lease, provided that such increase shall not cause the required policy limits or deductibles carried by landlords of coverage to exceed those then commonly prevailing in the marketplace for similar situationsComparable Buildings. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve be contributory and shall not provide primary insurance. Tenant of its obligations under this Lease shall also obtain such other insurance and in such amounts as may from time to maintain insurance coverage time be reasonably required by Landlord against other insurable hazards which at the time are customarily insured against in the types case of premises similarly situated in Maricopa County, Arizona, with due consideration for the height and amounts herein specifiedtype of building, its construction, use and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceoccupancy.
Appears in 2 contracts
Sources: Office Lease (Ziprecruiter, Inc.), Office Lease (Ziprecruiter, Inc.)
Liability Insurance. Tenant shallTenant, at Tenant’s expense, agrees to keep in force during the entire term hereof, keep in full force and effect Term of this Lease a policy of commercial general liability insurance with combined single limit coverage of not less than Two Million Dollars ($2,000,000) per occurrence for bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage occurring in, on or about the Premises, including parking and landscaped areas. Such insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); shall be primary and worker’s compensation noncontributory as respects any insurance in the maximum amount permitted under Florida lawcarried by Landlord. Landlord may require The policy or policies effecting such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, R▇▇▇▇▇▇ ▇. ▇▇▇▇▇, as Trustee of the R▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Separate Property Trust dated July 20, 1977, as amended; the R▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Separate Property Trust; R▇▇▇▇▇▇ ▇. ▇▇▇▇▇ as an individual; J▇▇▇ ▇▇▇▇▇▇▇▇▇, as Trustee under the J▇▇▇ ▇▇▇▇▇▇▇▇▇ Survivor’s Trust dated July 20, 1977, as amended; the J▇▇▇ ▇▇▇▇▇▇▇▇▇ Survivor’s Trust; J▇▇▇ ▇▇▇▇▇▇▇▇▇, as an individual; and any personbeneficiaries, firms trustees and successor trustees, other partners or corporations designated by Landlord, and Tenant co-venturers of Landlord or said trusts as insuredadditional insureds (collectively “Landlord Entities”), and shall contain a clause insure any liability of the Landlord Entities, contingent or otherwise, as respects acts or omissions of Tenant, its agents, employees or invitees or otherwise by any conduct or transactions of any of said persons in or about or concerning the Premises, including any failure of Tenant to observe or perform any of its obligations hereunder; shall be issued by an insurance company authorized to transact business in the State of California; and shall provide that the insurance effected thereby shall not be cancelled, except upon ten (10) business days’ prior written notice to Landlord. The policy shall state that the insurer will not cancel endeavor to mail thirty (30) days’ prior written notice of any such cancellation to Landlord, but failure to do so shall impose no obligation or change liability of any kind upon the insurer. Notwithstanding the foregoing, in the event Tenant is notified by the insurance without first giving the company of such cancellation, Tenant shall provide written notice to Landlord twenty within five (205) days prior noticeof its receipt of such notification. The Tenant’s insurance shall be primary as respects to the Landlord Entities, or if excess, shall stand in an unbroken chain of coverage. In either event, any other insurance company licensed maintained by the State Landlord Entities shall be in excess of Florida Tenant’s insurance and a copy of the policy or shall not be called upon to contribute with any insurance required to be provided by Tenant. The required insurance shall be reflected on a certificate of insurance of said policy, which certificate shall be delivered to Landlord prior concurrently with Tenant’s return of this executed Lease to Landlord. If, during the commencement of the term Term of this Lease. In no event shall , in the limits of said insurance policies be reasonable considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand opinion of Landlord’s Lender, any and all premiumsinsurance advisor, costsor counsel, charges and expenses incurred or expended by Landlord the amount of insurance described in obtaining such insurance. Notwithstanding shall procure insurance this Paragraph 12 is not adequate, Tenant agrees to increase said coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such reasonable amount as Landlord’s Lender, insurance advisor, or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord counsel shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancedeem adequate.
Appears in 2 contracts
Sources: Lease Agreement (Genitope Corp), Lease Agreement (Genitope Corp)
Liability Insurance. During the Lease Term, Tenant, at Tenant’s sole cost and expense, shall maintain a policy of commercial general liability insurance (or its equivalent) insuring Tenant shallagainst liability for bodily injury, during property damage (including loss of use of property) and personal injury arising out of the entire term hereofoperation, keep use or occupancy of the Property. Tenant shall name Landlord (and any affiliate of Landlord designated by Landlord) as an additional insured under such policy, and Tenant shall provide Landlord with an appropriate “additional insured” endorsement to Tenant’s liability insurance policy (in full force a form acceptable to Landlord) not less than ten (10) business days prior to Tenant’s occupancy of the Property. The initial amount of such insurance shall be Three Million Dollars ($3,000,000.00) per occurrence and effect bodily injury shall be subject to periodic increase based upon inflation, increased liability awards, recommendation of Landlord’s professional insurance advisors and public other relevant factors; provided, however, that such increases shall not exceed those increases imposed by prudent owners of like properties in the Las Vegas metropolitan area. The liability insurance obtained by Tenant under this Section 4.04(a): shall (i) be primary and non-contributing; (ii) contain a “separation of insureds” clause (or equivalent); (iii) contain contractual liability coverage respecting Tenant’s indemnity obligations under Section 5.05 below; and (iv) not have a deductible amount in excess of Ten Thousand Dollars ($10,000.00) in Constant Dollars. Tenant may satisfy its obligations under this Section through the use of a combination of primary and excess or umbrella coverage. The amount and coverage of such insurance shall not limit Tenant’s liability nor relieve Tenant of any other obligation under this Lease. Landlord may also obtain commercial general liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance with coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated determined by Landlord, and Tenant as insuredinsuring Landlord against liability arising out of ownership, and shall contain a clause that operation, use or occupancy of the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior noticeProperty. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types be contributory and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such not provide primary insurance.
Appears in 2 contracts
Sources: Land Lease (Switch, Inc.), Land Lease (Switch, Inc.)
Liability Insurance. Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS THREE MILLION ($500,0003,000,000.00) / ONE MILLION DOLLARS ($1,000,0001,000,000.00) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND MILLION DOLLARS ($100,0001,000,000.00); and worker’s 's compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s 's failure to maintain such insurance.
Appears in 2 contracts
Sources: Lease (Radiation Therapy Services Inc), Lease (Radiation Therapy Services Inc)
Liability Insurance. Tenant shalla. TENANT shall procure, during maintain and carry, at its sole cost, in accordance with and for the entire term hereofTerm of this Agreement all insurance, keep as required per the amounts as set forth in full force this Section. Insurance shall be furnished by a company meeting the reasonable approval of the LANDLORD. Policy deductible amounts also require reasonable approval of the LANDLORD.
b. Insurance certificates shall be issued on a standard ▇▇▇▇▇ form or such other documentation as may be acceptable to LANDLORD in its discretion and effect bodily injury and public liability include the NAIC number of the insuring company. Each insurance company’s rating, as shown in an amount not the latest Best’s Key Rating Guide, shall be no less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentA-VII, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in unless otherwise approved by the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this LeaseLANDLORD, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain from a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed Workers’ Compensation pool approved by the State of Florida Kansas. Insurance certificates must be received and a copy approved by the LANDLORD prior to occupancy. LANDLORD retains the right to require changes in the character, coverages and amounts of coverage commensurate with changes in the TENANT’S use of the Premises. All policy or a deductibles shall be shown on the certificate of insurance and meet the approval of the LANDLORD.
c. The failure of LANDLORD to reject the TENANT’S proffered insurance shall not be deemed to constitute an acceptance by the LANDLORD of deficient insurance coverage. If the TENANT fails to procure or maintain any of the specified coverages, the LANDLORD has the right, but not the obligation, to secure the coverage and charge the cost to the TENANT along with a 20% administrative fee.
d. The TENANT shall be delivered to Landlord prior to responsible for determining the commencement of the term of this Lease. In no event shall the types and limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required by any approved subtenant, permittee or contractor of the TENANT commensurate with the type of activity and associated risk levels. At a minimum, any SUBTENANT shall carry Workers’ Compensation, general liability (minimum of $1,000,000 per occurrence) and automobile liability (minimum of $500,000 combined single limit). TENANT shall require in any approved sublease that the Wichita Airport Authority and the City of Wichita shall be added as primary and non- contributory additional insureds on the subtenant’s general liability policy.
e. The requirements, procurement and carrying of the required insurance shall not limit any of the TENANT’s obligations or liability under this Agreement or as a matter of law.
f. Where “minimum limits” of insurance are specified in this Section, such minimum insurance limits are required and considered by LANDLORD to be obtained by Tenant the lowest insured amounts acceptable under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such Agreement. The TENANT is not limited or restricted whatsoever in securing additional insurance coverage may have been obtained from another insurance carrierand higher insured limits than those specified herein if, at the TENANT’s determination and Tenant discretion and commensurate with the type of activity and associated business and operational risk, additional coverage and higher limits are necessary and appropriate.
g. Insurance shall pay as additional rentinclude the following terms, upon demand of Landlord, any conditions and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.minimum limits:
Appears in 2 contracts
Liability Insurance. Tenant shallLessee, at its sole cost and expense, shall maintain during the entire term hereof, keep in full force and effect bodily injury and public hereof comprehensive (commercial) general liability insurance on an "occurrence basis" against claims for "personal injury", including without limitation bodily injury, death and/or damage, occurring upon, in an amount or about the Premises in a combined single limit or not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) 1,000,000 per injury occurrence and accident, respectively; property damage insurance in an amount not with policy aggregate limit of no less than ONE HUNDRED THOUSAND DOLLARS $2,000,000 (or such higher amounts thereof as may be reasonably requested by Lessor not to exceed a policy aggregate limit of $100,0005,000,000 from time to time during this Lease). Said insurance shall name Lessor as an additional insured; shall be written by companies and in form satisfactory to Lessor (which companies shall be authorized to do business in California); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage shall apply primary to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, other comparable liability coverage; and shall contain a clause that an endorsement requiring thirty (30) days' prior written notice sent by certified or registered mail, return receipt requested, to Lessor at the address set forth below, or such other address as may be provided to any such insurer will not cancel by Lessor, before cancellation thereof or change in the coverage, scope or amount of such policy or policies. Lessee shall provide Lessor with a Certificate of Insurance as evidence of such insurance without first giving the Landlord within twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate date of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail Lessee fails to obtain or maintain such insurance as provided in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord Lessor may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for obtain any such insurance coverage may have been obtained from another insurance carrierinsurance, and Tenant the cost thereof shall pay be paid by Lessee as additional rent, upon demand rent with the first payment of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining rent which is due subsequent to Lessor's incurring such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned therebycost, and additionally, Lessor shall have all remedies to collect the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage same as rent in the types Lease provided, and/or as otherwise provided by law for the collection of rent. The policy shall contain "cross-liability" or "separation of insureds" coverage and amounts herein specifiedshall insure performance by Lessee of the indemnity provisions of this Paragraph 8. The limits of said insurance shall not, and Tenant however, limit the liability of Lessee hereunder. In the event that the Premises constitutes a part of a larger property, said insurance shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancehave a Lessor's Protective Liability endorsement attached thereto.
Appears in 2 contracts
Sources: Commercial Lease Agreement (Digital Domain), Commercial Lease Agreement (Digital Domain)
Liability Insurance. During the Lease Term and any period of Tenant shallis constructing Tenant Improvements, during Tenant shall maintain a policy of commercial general liability insurance (sometimes known as broad form commercial general liability insurance) insuring Tenant against liability for bodily injury, property damage (including loss of use of property) and personal injury arising out of the entire term hereofoperation, keep use or occupancy of the Premises and Project. Tenant shall name Landlord and its appointed boards, directors, officers, employees, agents and subagents, individually and collectively, as an additional insureds under such policy. The initial amount of such insurance shall be Five Million Dollars ($5,000,000) per occurrence and shall be subject to commercially reasonable periodic increase based upon increases consistent with the increased required of other landlords of similar buildings, similar premises and similar tenants in full force the Southeast Valley Submarket. The liability insurance obtained by Tenant under this Section 4.04(a) shall (i) be primary and effect bodily injury non-contributing (including umbrella coverage); (ii) contain cross-liability clauses; and (iii) insure Landlord against Tenant’s performance under Section 5.08, if the matters giving rise to the indemnity under Section 5.08 result from the negligence or other acts or failure to act where a duty to act exists on the part of Tenant. The amount and coverage of such insurance shall not limit Tenant’s liability nor relieve Tenant of any other obligation under this Lease. Tenant shall be liable for the payment of any deductible amount under Tenant’s insurance policies maintained pursuant to this Section 4.04. Landlord may also obtain commercial public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentwith coverage determined by Landlord insuring Landlord against liability arising out of ownership, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years operation, use or occupancy of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situationsProject. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve be contributory and shall not provide primary insurance. Tenant of its obligations under this Lease shall also obtain such other insurance and in such amounts as may from time to maintain insurance coverage time be reasonably required by Landlord against other insurable hazards which at the time are customarily insured against in the types case of premises similarly situated in Maricopa County, Arizona, with due consideration for the height and amounts herein specifiedtype of building, its construction, use and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceoccupancy.
Appears in 1 contract
Liability Insurance. Tenant shall(i) Provider shall procure and maintain, during at Provider’s sole cost and expense, throughout the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insuredTerm, and shall contain a clause ensure that all applicable persons employed by, contracted with or otherwise acting under the insurer will not cancel direction or change control of Provider shall procure and maintain during the Term, insurance without first giving for comprehensive general and professional liability, and any other type of applicable or required insurance, in the Landlord twenty (20) days prior noticeminimum amount of $1,000,000 per occurrence and $3,000,000 aggregate, or in any such other amount as may be required under the Payor’s government contracts or State or Federal laws or regulations. The insurance All policies shall be in name LIBERTY IPA as an insurance company licensed by the State of Florida and a copy of the policy or a additional insured/certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Leaseholder. In the event that Tenant such insurance is provided through self-insurance or by a “captive” insurance company not subject to New York State oversight and/or not covered by the New York State Guaranty Fund, Provider shall, and shall fail to obtain ensure that all relevant persons employed by, contracted with or maintain in full force otherwise acting under the direction or control of Provider , provide LIBERTY IPA with a copy of the annual audited financial statement produced for each such captive insurance company or self-insurance fund within thirty (30) days after such audited financial statement is completed and effect an annual certified actuarial report showing that current reserves are adequate for future liabilities. Should any insurance policy set forth in this Paragraph be written on a claims made basis, Provider shall, and shall ensure that all persons covered by such insurance policies maintain coverage for claims arising from services rendered during the Term of this Agreement, but submitted after the termination of this Agreement. If necessary, Provider shall, and shall ensure that all persons required to have insurance coverage under this Paragraph purchase, “tail coverage” to meet the financial obligation of this Agreement and instruct its insurer to send LIBERTY IPA a certificate of insurance as evidence of the coverage required by this Paragraph.
(ii) All policies of insurance required by Section 2.4(i) shall require that LIBERTY IPA be provided with at least thirty (30) days prior written notice of any lapse, cancellation or modification, or non- renewal of such policies. Provider shall, and shall ensure that all persons required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such have insurance coverage may have under Section 2.4(ii), provide LIBERTY IPA with an updated insurance certificate no less frequently than annually.
(iii) Upon the execution of this Agreement and at any other time upon the request of LIBERTY IPA, Provider shall provide LIBERTY IPA with proof that any insurance required pursuant to this Section 2.4 has been obtained from another insurance carrier, and Tenant maintained during the Term.
(iv) This Section 2.4 shall pay as additional rent, upon demand survive the expiration or termination of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceAgreement.
Appears in 1 contract
Sources: Provider Agreement
Liability Insurance. Tenant shall, during the entire term hereof, keep agrees to maintain in full force from the date that possession of the Premises, or any part thereof, is first delivered to Tenant, throughout the Term, and effect bodily injury and public thereafter, so long as Tenant is in occupancy of any part of the Premises, a policy of comprehensive general liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS under which Landlord ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name any individuals or entities affiliated with Landlord, any person, firms or corporations designated ground lessor and any holder of a mortgage on the Property of whom Tenant shall have been notified by Landlord) and Tenant are named as additional insureds, and Tenant as insured, and shall contain a clause that under which the insurer will not cancel provides a contractual liability endorsement insuring against all cost, expense and liability arising out of or change based upon any and all claims, accidents, injuries and damages described in Section 7.1, in the broadest form of such coverage from time to time available. Each such policy shall be noncancellable and nonamendable (to the extent that any proposed amendment reduces the limits or the scope of the insurance required in this Lease) with respect to Landlord and such ground lessors and mortgagees without first giving thirty (30) days' prior notice to Landlord and such ground lessors and mortgagees and at the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State election of Florida and a copy of the policy or Landlord, either a certificate of insurance or a duplicate original policy shall be delivered to Landlord prior to the commencement of the term of this LeaseLandlord. In no event shall the The minimum limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord as of the Commencement Date shall not relieve Tenant be One Million Dollars ($1,000,000.00) combined single limit for bodily injury or death, with a Six Million Dollars ($6,000,000.00) excess liability umbrella over and above the aforesaid primary limits, and from time to time during the Term such limits of its obligations under this Lease liability shall be increased to maintain insurance coverage reflect such higher limits as are customarily required, in Landlord's reasonable judgment, pursuant to new leases of space in the types Boston-Cambridge area with respect to similar properties and amounts herein specifiedsimilar uses, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure the reasonableness of Landlord's determination being subject to maintain such insuranceDispute Resolution.
Appears in 1 contract
Sources: Sublease (Viacell Inc)
Liability Insurance. Tenant shall, during the entire term hereofat Tenant's expense, obtain and keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of during the term of this Leaselease a policy of comprehensive public inability insurance insuring Landlord and Tenant against any liability arising out of or in connection with the ownership, provided that such increase use, occupancy, maintenance, repair or improvement of the Premises and all areas appurtenant thereto. Such insurance shall provide single limit liability coverage of not cause the required less than $500,000, per occurrence for property damage and $500,000 per occurrence for bodily injury or death of one person and $1,000,000 for one accident. The limits of coverage to exceed those then commonly prevailing in said insurance shall not, however, limit the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlordliability of Tenant hereunder, and Tenant as insured, and shall contain a clause be responsible for ensuring that the insurer will amount of liability insurance carried by Tenant is sufficient for Tenant's purposes. Tenant may carry said insurance under a blanket policy, providing however, said insurance by Tenant shall have a Landlord's protective liability endorsement attached thereto in form and substance satisfactory to Landlord. If Tenant shall fail to procure and maintain said insurance, Landlord may but shall not cancel or change be required to procure and maintain same, but at the insurance without first giving the Landlord twenty (20) days prior noticeexpense of Tenant. The insurance Insurance required hereunder shall be In companies rated A+, AAA or better in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance "Best's Insurance Guide." Tenant shall be delivered deliver to Landlord prior to the commencement occupancy of the term Premises, copies of this Lease. In no event shall policies of liability insurance required herein or certificates evidencing the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force existence and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement amounts of such insurance with evidence satisfactory to Landlord of payment of premiums. No policy shall be cancelable or subject to reduction of coverage except after fifteen (15) days prior written notice to Landlord. Tenant acknowledges and agrees That insurance coverage carried by Landlord will not cover Tenant's property within the Premises or the Building and the Tenant shall not relieve Tenant of its obligations under this Lease to maintain be responsible, at Tenant's sole cost and expense, for providing insurance coverage for Tenant's movable equipment, furnishings, trade fixtures and others personal property in or upon the Premises, and for any alterations, additions or improvements to or of the Premises or any part thereof made by Tenant, in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless event of damage or loss thereto from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancecause whatsoever.
Appears in 1 contract
Liability Insurance. Tenant shall, during the entire term hereofat Tenant's expense, obtain and keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of during the term of this LeaseLease a policy of comprehensive public liability insurance insuring Landlord and Tenant against any liability for damages to persons and Property arising out of the ownership, provided that such increase use, occupancy or maintenance of the Premises and all areas appurtenant thereto in amounts of not less than Five Hundred Thousand ($500,000.00) Dollars in the event of injury to one person, and One Million ($1,000,000.00) Dollars in the event of injury to a number of persons in the same accident, and One Hundred Thousand ($100,000.00) Dollars in the event of property damage. The limit of said insurance shall not, however, limit the liability of the Tenant hereunder. Tenant may carry said insurance under a blanket policy, providing, however, said insurance by Tenant shall have a Landlord's protective liability endorsement attached thereto. If Tenant shall fail to procure and maintain said insurance, Landlord may, but shall not cause be required to, procure and maintain same, but at the expense of Tenant. Insurance required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlordhereunder, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an companies rated A+ AAA or better in "Best's Insurance Guide" and licensed to do business under the insurance company licensed by laws in the State of Florida and a copy of the policy or a certificate of insurance Florida. Tenant shall be delivered deliver to Landlord prior to the commencement occupancy of the term Premises copies of this Lease. In no event shall policies of liability insurance required herein or certificates evidencing the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force existence and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement amounts of such insurance by with loss payable clauses satisfactory to Landlord. No policy shall be cancelable or subject to reduction of coverage except after thirty (30) days' prior written notice to Landlord. As long as their respective insurers so permit, Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from hereby mutually waive their respective rights of recovery against each other for any loss or damage incurred or suffered insured by Landlord from Tenant’s failure fire, extended coverage and other property insurance policies existing for the benefit of the respective parties. Each party shall obtain any special endorsement, if required by their insurer, to maintain such insuranceevidence compliance with the aforementioned waiver.
Appears in 1 contract
Sources: Office Lease (Visual Data Corp)
Liability Insurance. Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or and maintain in full force and effect commercial general liability insurance, along with the other types of insurance, including the umbrella liability coverage, in the amounts specified in the certificate of insurance attached hereto and made a part hereof as Exhibit F and shall name Landlord as an additional insured party thereon. The issuing company of the insurance shall be subject to Landlord’s approval, which approval shall not be unreasonably withheld or delayed. Each insurance policy shall also contain a provision exempting the Landlord from any loss of coverage as an insured due to the acts of Tenant. Tenant shall give Landlord customary insurance coverage required certifications evidencing that the insurance is in effect during the term of the Lease. All policies must also provide for notice by the insurance company to Landlord of any termination, cancellation or modification of a policy at least 30 days in advance. All policies shall name both Tenant and Landlord as insured parties. In the event that the insurance policy contains a deductible clause, Tenant hereby indemnifies Landlord against any loss occasioned by the enforcement of the deductible provision of the insurance policy. All of Tenant’s personal property, including trade fixtures, on the Premises shall be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrierkept at the Tenant’s sole risk, and Tenant Landlord shall pay as additional rent, upon demand not be responsible for any loss of Landlord, business or other loss or damage that is occasioned by acts of God or acts or omissions of persons occupying neighboring premises or any and all premiums, costs, charges and expenses incurred part of the premises adjacent to or expended by Landlord in obtaining such insuranceconnected with the Premises. Notwithstanding anything herein to the contrary, but subject to the Waiver of Subrogation Provision in section 29 below, if applicable, each party shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant the other for any insufficiency its negligence, intentional acts or failure breach of coverage with regard to such insurance or any loss to Tenant occasioned therebythis Lease as well as the negligence and intentional acts of its agents, and additionally, the procurement of such insurance by employees and/or representatives. Landlord shall not relieve Tenant also maintain Public Liability and Property Insurance as well as Commercial Property Insurance. The Commercial Property Insurance shall be in an amount equal to the replacement cost of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancebuilding.
Appears in 1 contract
Liability Insurance. Tenant shallLessee shall obtain public liability insurance from an insurance carrier satisfactory to Lessor to protect against loss from liability imposed by law for all damages on account of bodily injury, during including death resulting therefrom, suffered or alleged to be suffered by any person or persons whatsoever, resulting directly or indirectly from any act or activities of Lessee, or any person acting for it or under its control or direction, at the entire term hereofPremises, keep the building of which the Premises are a part, or any property of Lessor, and also to protect against loss from liability imposed by law for damages to any property of any person caused directly or indirectly by or from the acts or activities of any of the foregoing. Such public liability and property damage insurance shall be maintained in full force and effect bodily injury and public liability insurance during the entire term of this Agreement, in an the amount of not less than FIVE HUNDRED THOUSAND DOLLARS Five Million Dollars ($500,0005,000,000.00) / ONE MILLION DOLLARS for any property damage or loss from any one ($1,000,0001) per injury and accident, respectively; property damage insurance in an amount and not less than ONE HUNDRED THOUSAND DOLLARS Five Million Dollars ($100,000); 5,000,000.00) for injury to anyone
(1) person and worker’s compensation insurance not less than Five Million Dollars ($5,000,000.00) from any one (1) accident combined, single limit. Lessor reserves the right to require any increase in the maximum amount permitted under Florida law. Landlord may require such insurance coverage of liability coverage, from time to be increased after the first five years of time during the term of this LeaseAgreement as Lessor should determine to be commercially reasonable. Each such liability insurance policy shall be of the type commonly known as Owner's Landlord's and Tenant's Insurance, provided that but provide the extended coverage required herein above. Lessee shall deliver to Lessor a copy of the binder of all insurances required of Lessee hereunder, and duplicate originals of the policy itself, and certificates evidencing the existence of the necessary insurance policies. All insurance policies contemplated herein to be maintained by Lessee shall insure Lessor and Lessee as their respective interests may appear, and shall show Lessor as a named insured. All such increase policies required to be maintained by Lessee shall not cause the required limits of coverage be issued by companies qualified to exceed those then commonly prevailing write insurance in the marketplace for similar situationsState of Florida and possessing a rating of A-3A (or higher), by Best's Insurance Rating. The policy(s) cost of premiums of all such policies of insurance as herein required to be maintained by Lessee shall name Landlord, any person, firms be paid by Lessee. Any policy required hereunder to be maintained by Lessee or corporations designated actually maintained by Landlord, and Tenant as insured, and Lessee shall contain a clause that the insurer will shall not cancel or change the insurance policy without first giving the Landlord twenty providing ten (2010) days prior noticewritten notice to Lessor. The Not less than thirty (30) days prior to the expiration of any insurance required herein to be maintained by Lessee or actually carried by Lessee, Lessee shall be in an insurance company licensed by the State of Florida and deliver to Lessor a copy of the policy or a certificate of renewal thereof. Lessee shall not use the Premises in any manner, even in Lessee's use for which the Premises are leased, that will increase risks covered by insurance shall be delivered on the Premises so as to Landlord prior increase the rate of insurance on the Premises or to the commencement cause cancellation of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required policy covering the Premises. Lessee further agrees not to keep the Premises or permit to be obtained kept, used or sold or transferred thereon, anything prohibited by Tenant under this Leasethe policy of fire insurance covering the Premises. Lessee shall comply, Landlord may procure same from insurance carriers as Landlord may deem properat Lessee's own expense, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, with all requirements of insurers necessary to keep in force the fire and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, public liability covering the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancePremises.
Appears in 1 contract
Sources: Southgate Complex Lease
Liability Insurance. Tenant shallSubject to the provisions of Section 4.04(e) below, during the entire term hereofLease Term, keep in full force Tenant, at Tenant's sole cost and effect bodily injury and public expense, shall maintain a policy of commercial general liability insurance in (or its equivalent) insuring Tenant against liability for bodily injury, property damage (including loss of use of property) and personal injury arising out of Tenant's use or occupancy of the Property. Tenant shall name Landlord as an additional insured under such policy, and Tenant shall provide Landlord with an appropriate insurance certificate so evidencing prior to Tenant's occupancy of the Property, which certificate shall show Landlord as "an additional insured as required by contract." The initial per occurrence amount not less than FIVE HUNDRED THOUSAND DOLLARS of such insurance shall be Three Million Dollars ($500,0003,000,000.00) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentshall be subject to periodic increase based upon inflation, respectivelyincreased liability awards, the reasonable recommendations of Landlord's professional insurance advisors and other relevant factors; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Leaseprovided, provided however, that any such increase shall not cause be required during the required limits of coverage to first three (3) Lease Years and shall not exceed those then commonly prevailing increases reasonably required by prudent owners of like properties in the marketplace for similar situationsLas Vegas metropolitan area. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the liability insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, Section 4.04(a): shall (i) be primary and Tenant shall pay as additional rent, upon demand of non-contributing except with respect to Landlord, any 's negligence or willful misconduct; (ii) contain cross-liability endorsements; and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of (iii) provide contractual coverage with regard respect to such insurance or any loss to Tenant occasioned thereby, Tenant's obligations under Section 5.05 below. The amount and additionally, the procurement coverage of such insurance by Landlord shall not limit Tenant's liability nor relieve Tenant of its obligations any other obligation under this Lease to maintain Lease. Landlord shall also obtain commercial general liability insurance (or its equivalent) insuring Landlord against liability for bodily injury, property damage (including loss of use of property) and personal injury arising out of ownership, operation, use or occupancy of the Property. The initial per occurrence amount of such insurance shall be not less than Three Million Dollars ($3,000,000.00) and shall be increased in amount and at times coincident with Tenant's required liability coverage in the types and amounts herein specifiedamount increases provided above. The 7155 Lindell Road ▇▇▇ Vegas, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.Nevada Nevada Power Company
Appears in 1 contract
Liability Insurance. (a) Tenant shall, shall at all times during the entire term hereof, keep in full force and effect bodily injury and Term of this Lease carry public liability insurance covering the Property which insurance shall insure against liability for personal injury or death and property damage in an amount not less than FIVE HUNDRED THOUSAND DOLLARS Two Million Dollars ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,0002,000,000.00); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may shall be named as an additional insured on any such policy and the coverage shall require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty company to provide thirty (2030) days prior noticewritten notice to Landlord of its intent to cancel the policy. In the event Tenant fails to maintain the coverage required by this paragraph, Landlord shall have the right to provide coverage and Tenant shall reimburse Landlord for said expenditure at the time of the next Base Rent payment. The insurance company used by Tenant for the public liability insurance required by this paragraph shall be duly licensed to transact business in an insurance company licensed by the State of Florida New Mexico and shall maintain during the entire policy term or terms, a "General Policyholder's Rating" of at least B+, XII, as set forth in the most current issue of "Best's Insurance Guide", or such other rating as may be required by a lender having a first lien on the Property. A copy of the policy or a certificate of insurance shall be delivered to Landlord prior by Tenant upon request made by Landlord. Notwithstanding anything to the commencement of the term of contrary stated in this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect , any insurance coverage carried or required to be obtained carried by Tenant under pursuant to this Lease, at Tenant's option may, be carried under an insurance policy(ies), or pursuant to a master policy of insurance or so-called blanket policy of insurance covering other locations of Tenant or its corporate affiliates, or any combination thereof.
(b) Landlord may procure same from shall also maintain liability insurance, in addition to, and not in lieu of, the insurance carriers required to be maintained by Tenant. Tenant shall not be named as an additional insured therein. Tenant shall reimburse and pay Landlord may deem properduring the Term, irrespective that a lesser premium the premiums for such insurance coverage may in the same manner as called for in Paragraph 13.
(c) All insurance which is carried by either party with respect to the Demised Premises, whether or not required, shall include provisions which either designate the other party as one of the insureds or deny to the insurer acquisition by subrogation of rights of recovery against the other party to the extent such rights have been obtained from another insurance carrierwaived by the insured party prior to occurrence of loss or injury, insofar as, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining to the extent that such insurance. Notwithstanding shall procure provisions may be effective without making it impossible to obtain insurance coverage required from responsible companies qualified to do business in the state in which the Demised Premises are located (even though extra premium may result therefrom). Each party shall be entitled to have duplicates or certificates of Tenant any policies containing such provisions. Both parties shall waive their insurers' right of subrogation under all policies maintained hereunder, Landlord shall in no manner be liable favor of the other party, with respects to Tenant for any insufficiency claims that are covered, or failure of coverage with regard to should have been covered by valid and collectible insurance, had such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancebeen maintained.
Appears in 1 contract
Liability Insurance. Tenant shall, during at its sole cost and expense, procure and maintain through the entire term hereof, keep in full force and effect Lease Term Commercial General Public Liability insurance against claims for bodily injury or death and public liability property damage occurring in or upon or resulting from the Premises, such insurance to insure both Tenant and, as an additional named insured, Landlord and its officers, employees and agents, to be in an amount standard form, to be issued by such insurance company or companies as may have a Best's Insurance rating of A-IX or better, and to afford immediate protection, to the limit of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury 3,000,000 in respect of any one accident or occurrence, and accident, respectively; property damage insurance in an amount to the limit of not less than ONE HUNDRED THOUSAND DOLLARS $500,000 for property damage, with not more than $5,000 deductible. Such Commercial General Public Liability insurance shall include Blanket Contractual Liability coverage which insures contractual liability under the indemnification of Landlord by Tenant set forth in this Lease ($100,000but such coverage or the amount thereof shall in no way limit such indemnification); . Tenant shall maintain with respect to each policy or agreement evidencing such Commercial General Public Liability insurance and worker’s compensation each policy or agreement evidencing the insurance required pursuant to Paragraph 18 above, such endorsements as may be required by Landlord and shall at all times deliver and maintain with Landlord a duplicate original or certified copy of such policies or a certificate with respect to such insurance in form satisfactory to Landlord. Tenant shall obtain a written obligation on the maximum amount permitted under Florida law. part of each insurance company to notify Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty at least fifteen (2015) days prior noticeto cancellation of such insurance. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy Such policies or a certificate duly executed certificates of insurance relating thereto shall be delivered to Landlord prior to the commencement Tenant's occupancy of the term Premises and renewals thereof as required shall be delivered to Landlord at least thirty (30) days prior to the expiration of this Leasethe respective policy terms. In no event shall If Tenant fails to comply with the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail foregoing requirements relating to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Leaseinsurance, Landlord may procure same from insurance carriers as Landlord may deem propermay, irrespective that a lesser premium for following ten (10) days written notice to Tenant, obtain such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand to Landlord within thirty (30) days of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required receipt of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, an invoice the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancepremium cost thereof.
Appears in 1 contract
Liability Insurance. Tenant shall, during the entire term hereofat its own cost and expense, keep and maintain in full force and effect bodily injury and public during the Lease Term, a policy of comprehensive/commercial general liability insurance in an amount insuring Tenant's activities with respect to the Leased Premises, Bank of America Building and Bellevue Place against loss, damage or liability for personal injury or death or loss or damage to property with a limit of not less than FIVE HUNDRED THOUSAND DOLLARS Two Million Dollars ($500,0002,000,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentcombined single limit for policies without a general aggregate limit. For policies with a general aggregate limit, respectively; property damage insurance in an amount such aggregate limit shall be not less than ONE HUNDRED THOUSAND DOLLARS Two Million Dollars ($100,0002,000,000) and include an endorsement providing that the foregoing limit shall apply per location, including the Leased Premises, and have an occurrence limit not less than Two Million Dollars ($2,000,000); and worker’s compensation insurance . In the event Tenant obtains a policy with a general aggregate limit, Tenant shall immediately notify Landlord if claims covered by such policy or policies at any time are made against Tenant which claims exceed fifty percent (50%) or more of the aggregate limit. Notwithstanding the foregoing, if during the Lease Term, in Landlord's reasonable judgment, the maximum amount permitted under Florida law. policy limits required hereunder are no longer adequate to provide reasonable protection to Landlord, Landlord may require notify Tenant of such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits inadequacy and an appropriate level of coverage and Tenant, within thirty (30) days of receiving such a notice, shall obtain such additional amounts of insurance and provide Landlord with satisfactory evidence thereof. Reference may be made to exceed those then commonly prevailing in the marketplace policy amounts required by other landlords for similar situationsspace and operations in determining what is reasonable protection hereunder. The policy(s) insurance required under this Section shall name be with companies rated A-VII or better in Best's Insurance Guide. Landlord, ▇▇▇▇▇▇ Development Company, and any person, firms or corporations other parties in interest designated by Landlord, and Tenant shall be named as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior noticeadditional insureds. The insurance policy shall be in bear an insurance company licensed by the State of Florida and a copy of endorsement that the policy shall not be cancelled or a certificate the policy limits reduced by endorsement below the coverage required by this Lease for any reason other than nonpayment of insurance shall be delivered premiums except upon forty-five (45) days' prior written notice to Landlord and only after ten (10) days' prior written notice for non-payment of premiums. Tenant shall deliver to Landlord upon the commencement Commencement Date and from time to time thereafter as requested by Landlord copies of all policies of such insurance or certificates thereof.; including applicable endorsements, showing Landlord as an additional insured and the term of this Lease. applicable policy limits thereof In no event shall the limits of said insurance such policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.
Appears in 1 contract
Sources: Office Lease (Smartsheet Inc)
Liability Insurance. Tenant shallshall obtain, during at its own expense, ------------------- comprehensive general liability insurance coverage, including blanket contractual coverage, against claims for or arising out of bodily injury, death or property damage occurring in, on or about the entire term hereofPremises, keep which policy or policies shall name Landlord as an additional insured. The policy may be either a dual limit policy in full force the amounts of $1,000,000 per person and effect $1,000,000 per occurrence for bodily injury and public liability insurance $1,000,000 per occurrence for property damage or a single limit policy in an the amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS (of $1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require that the limits of such insurance coverage to be increased after the first five years in reasonably appropriate amounts as may be determined by Landlord or any mortgagee of the term of this LeaseBuilding; provided, provided however, that such increase shall not cause the required limits amount of coverage will not be increased more frequently than at one (1) year intervals. Such policy shall be issued by an insurance company acceptable to exceed those then commonly prevailing in the marketplace for similar situationsLandlord. The policy(spolicy procured by Tenant under this Subsection 8.01 must provide for at least thirty (30) days' written notice to Landlord of any cancellation. On or before the Commencement Date, Tenant shall name deliver to Landlord, any personat Landlord's option, firms a certificate of insurance or corporations designated by Landlorda certified copy of the original policy, and together with receipts evidencing payment of the premiums therefor. Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the deliver certificates of renewal for such policies to Landlord twenty at least thirty (2030) days prior noticeto the expiration dates thereof. The insurance shall provided by Tenant under this Subsection 8.01 may be in an the form of a blanket insurance company licensed by policy covering other properties as well as the State of Florida and Premises; provided, however, that Tenant must furnish Landlord with a copy written statement from the insurer(s) under such policy or policies which statement shall (i) specify the policy limits of the policy or a certificate policies, (ii) state that the Premises and this Lease are covered by such policy or policies and (iii) state the amount of total insurance shall be delivered to Landlord prior allocated to the commencement Premises; provided, further, that any such policy or policies of blanket insurance must, as to the term Premises, otherwise comply as to insurance amounts, endorsements, notice of cancellation and coverage with the other provisions of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceSubsection 8.01.
Appears in 1 contract
Liability Insurance. Tenant shall(a) For the duration of Agent’s service as a director and/or officer of the Company, during and thereafter for so long as Agent shall be subject to any pending or possible indemnifiable claim, the entire term hereof, keep Company shall use commercially reasonable efforts (taking into account the scope and amount of coverage available relative to the cost thereof) to cause to be maintained in full force effect policies of directors’ and effect bodily injury and public officers’ liability insurance providing coverage for directors and/or officers of the Company that is at least substantially comparable in an scope and amount to that provided by the Company’s current policies of directors’ and officers’ liability insurance. The minimum AM Best rating for the insurance carriers of such insurance shall be not less than FIVE HUNDRED THOUSAND DOLLARS A-VI.
($500,000b) / ONE MILLION DOLLARS In the event of a Change in Control, the Company shall ($1,000,000i) per injury maintain in force any and accident, respectively; property damage all insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those policies then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed maintained by the State Company in providing directors’ and officers’ insurance, in respect of Florida Agent, or (ii) require and cause any successor thereto (whether direct or indirect) to obtain and maintain a copy directors’ and officers’ liability insurance policy that provides coverage for Agent that is at least substantially comparable in scope and amount to that provided to Agent by the Company as of the policy or a certificate of insurance shall be delivered to Landlord immediately prior to the commencement of Change in Control, in each case for the term of this Leasesix-year period immediately following the Change in Control. In no event This “tail coverage” shall be placed by the limits of said Company’s insurance policies be considered as limiting the liability of Tenant under this Lease. broker.
(c) In the event that Tenant any action is instituted by Agent under this Agreement or under any liability insurance policies maintained by the Company to enforce or interpret any of the terms hereof or thereof, Agent shall fail to obtain or maintain in full force and effect any insurance coverage required be entitled to be obtained paid all Expenses incurred by Tenant under this LeaseAgent with respect to such action, Landlord may procure same from insurance carriers regardless of whether Agent is ultimately successful in such action, and shall be entitled to the advancement of Expenses with respect to such action, unless as Landlord may deem proper, irrespective a part of such action a court of competent jurisdiction over such action determines that each of the material assertions made by Agent as a lesser premium basis for such action was not made in good faith or was frivolous.
(d) The Company shall make available to Agent with a copy of all directors’ and officers’ liability insurance coverage may have been obtained from another insurance carrierapplications, binders, policies, declarations, endorsements and Tenant other related materials. The Company shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred not discontinue or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency significantly reduce the scope or failure amount of coverage with regard from one policy period to such insurance or any loss to Tenant occasioned therebythe next without the prior approval thereof by a majority vote of the incumbent directors of the Company, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceeven if less than a quorum.
Appears in 1 contract
Liability Insurance. Tenant shall, during CONTRACTOR shall carry Commercial General Liability insurance providing continuous coverage for all work or operations performed under the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida lawAgreement. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in an insurance company licensed by the State of Florida. CONTRACTOR shall cause the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers made an Additional Insured as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining to such insurance. Notwithstanding Such coverage shall procure be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the State of Florida as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Contract, and may not be shared with or diminished by claims unrelated to this Agreement. The policy/ies and coverage described herein may be subject to a deductible. CONTRACTOR shall pay all deductibles as required by the policy. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self-Insured Retention. At all renewal periods which occur prior to final acceptance of Tenant hereunderthe work, Landlord the CITY and the State of Florida shall be provided with an ▇▇▇▇▇ Certificate of Liability Insurance reflecting the coverage described herein. The CITY and the State of Florida shall be notified in no manner be liable writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to Tenant for any insufficiency po1icy or coverage described herein. The CITY’s or the State of Florida’s approval or failure of coverage with regard to such insurance disapprove any policy/ies, coverage, or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord ▇▇▇▇▇ Certificates shall not relieve Tenant or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of its obligations under this Lease to maintain insurance coverage in any rights or defenses the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss CITY or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancethe State of Florida may have.
Appears in 1 contract
Sources: Independent Contractor Agreement
Liability Insurance. During the Lease Term, Tenant shallshall maintain a policy of commercial general liability insurance (sometimes known as broad form comprehensive general liability insurance) insuring Tenant against liability for bodily injury, during property damage (including loss of use of property) and personal injury arising out of the entire term hereofoperation, keep use or occupancy of the Property. Landlord and Landlord's agents, whose names shall be provided to Tenant by Landlord, shall be named as an additional insured under such policy. The initial amount of such insurance shall be Two Million and No/100 Dollars ($2,000,000.00) per occurrence and shall be subject to periodic increase based upon inflation, increased liability awards, recommendation of Landlord's professional insurance advisers and other relevant factors; provided that such periodic increases shall be consistent with the amounts of insurance then being required of tenants comparable to Tenant by landlords comparable to Landlord in full force projects comparable to the Project. The liability insurance obtained by Tenant under this Paragraph 4.04(a) shall (i) be primary and effect bodily injury noncontributing; (ii) contain cross-liability endorsements; and (iii) insure Landlord against Tenant's performance under Section 5.05 resulting from the negligence of Tenant. The amount and coverage of such insurance shall not limit Tenant's liability nor relieve Tenant of any other obligation under this Lease. Landlord may also obtain comprehensive public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentwith coverage determined by Landlord insuring Landlord against liability arising out of ownership, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years operation, use or occupancy of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situationsProperty. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types be contributory and amounts herein specified, and shall not provide primary insurance. Tenant shall nevertheless hold secure an appropriate clause in, or an endorsement upon, each insurance policy required by this Lease, pursuant to which the insurance company waives subrogation or permits the insured, prior to any loss, to agree with a third party to waive any claim it might have against said third party without invalidating the coverage under the insurance policy. Such waiver of subrogation or permission for waiver of any claim shall extend to the agents and employees of Landlord harmless from and Tenant, respectively. Tenant shall not be required to carry any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such hazardous materials insurance.
Appears in 1 contract
Sources: Industrial Real Estate Lease (All American Semiconductor Inc)
Liability Insurance. Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and shall maintain a comprehensive general public liability insurance in an amount policy with respect to the Premises and Land, with coverage limits of not less than FIVE HUNDRED THOUSAND DOLLARS Seven Hundred Fifty Thousand and No/100 Dollars ($500,000750,000.00) / ONE MILLION DOLLARS in respect of bodily injury or death to any one person, Seven Hundred Fifty Thousand and No/100 Dollars ($1,000,000750,000.00) per injury in respect to any one accident or occurrence, and accidentSeven Hundred Thousand Fifty and No/100 Dollars ($750,000.00) for property damage, respectively; property damage insurance in an amount and such protection shall continue at not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required said limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage until reasonably required to be obtained changed by Tenant under this Lease, Landlord may procure same from insurance carriers in writing by reason of changed economic conditions making such protection inadequate. Landlord shall be named as an additional insured on such policy and the policy shall provide that the Landlord may deem proper, irrespective that a lesser premium for receive 30-days' advance notice of any termination of such insurance coverage may have been obtained from another policy. Tenant shall deliver appropriate evidence to Landlord as proof that adequate insurance carrieris in force. INDEMNITY REGARDING USE OF PREMISES. Tenant agrees to pay, and Tenant shall pay as additional rentto protect, upon demand of Landlorddefend, indemnify and save harmless Landlord from and against, any and all premiumsliabilities, damages, costs, charges expenses (including, but not limited to, any and all attorneys' fees and expenses incurred of Landlord, including any on appeal), causes of action, suits, claims, demands or expended judgments of any nature whatsoever arising from (i) any negligence or intentional misconduct on the part of Tenant or any of its agents, contractors, servants, employees or invitees, and (ii) any failure on the part of Tenant to perform or comply with the covenants, agreements, terms, provisions, conditions or limitations contained in this Lease on its part to be performed or complied with. In case any action or proceeding is brought against Landlord by reason of any such claim, Tenant shall, upon written notice from Landlord and at Tenant's expense, resist or defend such action or proceeding by counsel approved by Landlord in obtaining such insurancewriting, which approval shall not be unreasonably withheld or delayed. If Tenant has supplied Landlord with evidence of insurance covering any of the aforementioned risks, no claim shall be made against Tenant unless and until the insurer shall fail or refuse to defend and/or pay all or any part thereof. Notwithstanding shall procure insurance coverage required of Tenant hereunderthe foregoing, Landlord shall in no manner be liable to and Tenant for each hereby waives any insufficiency and all right of recovery against the other party or failure of coverage with regard to such insurance or any loss to Tenant occasioned therebyagainst the officers, employees, agents, representatives, customers and additionally, the procurement business visitors of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specifiedother party, and Tenant shall nevertheless hold Landlord harmless from for any loss or damage incurred to such waiving party, its property or suffered property of others under its control, arising from any cause covered by Landlord from Tenant’s failure any insurance required to maintain be carried by the parties hereto pursuant to the terms of this Lease or any other policy of insurance carried by such insurancewaiving party in lieu thereof, with respect to the Land or the Premises.
Appears in 1 contract
Sources: Commercial Lease (Summit Brokerage Services Inc / Fl)
Liability Insurance. Tenant (a) The Lessee shall not do or permit to be done any act or thing upon the premises or at the World Trade Center which will invalidate or conflict with any insurance policies covering the premises or any part thereof, or the World Trade Center, or any part thereof, which, in the opinion of the Port Authority, may constitute an extra-hazardous condition, so as to increase the risks normally attendant upon the operations contemplated by the Section of this Agreement entitled "Rights of User by the Lessee", and the Lessee shall promptly observe, comply with and execute the provisions of any and all present and future rules and regulations, requirements, orders and directions of the National Fire Protection Association and the Insurance Services Office, Inc. and of any other board or organization exercising or which may exercise similar functions, which may pertain or apply to the operations of the Lessee on the premises, and the Lessee shall, during subject to and in accordance with the entire term hereofprovisions of the Section of this Agreement entitled "Construction by the Lessee", make any and all improvements, alterations or repairs of the premises that may be required at any time hereafter by any such present or future rule, regulation, requirement, order or direction, and if by reason of any failure on the part of the Lessee to comply with the provisions of this Agreement any insurance rate on the premises or any part thereof or on the World Trade Center or any part thereof, shall at any time be higher than it otherwise would be, then the Lessee shall pay to the Port Authority, as an item of additional rental, that part of all insurance premiums paid by the Port Authority which shall have been charged because of such violation or failure by the Lessee, but no such payment shall relieve the Lessee of its other obligations under this paragraph.
(i) The Lessee in its own name as assured shall secure and keep in full force and effect bodily injury throughout the term of the letting under this Agreement, at Lessee's sole cost and public expense, (a) a policy of comprehensive general liability insurance including a contractual liability endorsement for such coverage as may reasonably be stipulated from time to time by the Port Authority covering the Lessee's operations hereunder which shall be effective throughout the letting under this Agreement and shall initially be in an amount a combined single limit of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury 1,000,000 for liability for bodily injury, for wrongful death and accident, respectively; for property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS arising from any one occurrence; and
($100,000); b) a fire or other casualty policy insuring the full replacement value of all construction, installation and worker’s compensation insurance finishing work performed by the Lessee in the maximum amount permitted under Florida law. Landlord may require premises and the Lessee's furniture, trade fixtures, equipment and other personal property, such insurance coverage to include a replacement cost endorsement, with a deductible of no more than $1,000 against loss or damage by fire and theft and such other risks or hazards as are insurable under present or future forms of "All Risk" insurance policies.
(ii) The Port Authority shall be increased after included as an additional insured in any policy of liability insurance required by this Section. The Lessee shall have the first five years right to insure and maintain the insurance coverages set forth in this Section under blanket insurance policies covering the premises and other space occupied by Lessee, if any, so long as such blanket policies comply in all respects with the insurance provisions set forth in this Agreement; provided that upon request, Lessee shall deliver to the Port Authority a certificate of Lessee's insurer evidencing the portion of such blanket policy of insurance allocated to the premises.
(iii) As to any insurance required by this Section, a certified copy of each of the term policies or a certificate or certificates evidencing the existence thereof (including all required endorsements and evidence of the waivers of subrogation required by paragraph (c) of this LeaseSection), provided that such increase or binders, shall not cause be delivered to the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord Port Authority within twenty (20) days prior noticeto the commencement date of the letting hereunder. The insurance In the event any binder is delivered, it shall be in an insurance company licensed replaced within thirty (30) days by the State of Florida and a certified copy of the policy or a certificate including said endorsements and such waiver of insurance subrogation. Within thirty (30) days after request of the Port Authority made at any time during the term of the letting under this Agreement the Lessee shall deliver a certified copy of the policy to the Port Authority. Each such copy or certificate shall contain endorsements that (a) the policy may not be cancelled, terminated, changed or modified without giving ten (10) days written advance notice thereof to the Port Authority; (b) the insurer shall not, without obtaining express advance permission from the General Counsel of the Port Authority, raise any defense involving in any way the jurisdiction of the tribunal over the person of the Port Authority, the immunity of the Port Authority, its Commissioners, officers, agents or employees, the governmental nature of the Port Authority or the provisions of any statutes respecting suits against the Port Authority; and (c) Lessee shall be solely responsible for the payment of premiums therefor notwithstanding that the Port Authority is named as an additional insured. A renewal policy shall be delivered to Landlord the Port Authority at least fifteen (15) days prior to the commencement expiration date of each expiring policy, except for any policy expiring after the date of expiration of the term letting. If at any time any of this Leasethe policies shall be or become unsatisfactory to the Port Authority as to form or substance, or if any of the carriers issuing such policies shall be or become unsatisfactory to the Port Authority, the Lessee shall promptly obtain a new and satisfactory policy in replacement. In no event A carrier shall be deemed satisfactory to the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force Port Authority if it has and effect any insurance coverage required to be obtained maintains a rating by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance Best's Insurance Reports or any loss to Tenant occasioned thereby, and additionally, successor publication of comparable standing of "A-X" or better or the procurement then equivalent of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancerating.
Appears in 1 contract
Liability Insurance. Tenant shallLessee, at its sole cost and expense, shall maintain during the entire term hereof, keep in full force and effect bodily injury and public hereof comprehensive (commercial) general liability insurance on an "occurrence basis" against claims for "personal injury", including without limitation bodily injury, death and/or damage, occurring upon, in an amount or about the Premises in a combined single limit or not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) 1,000,000 per injury occurrence and accident, respectively; property damage insurance in an amount not with policy aggregate limit of no less than ONE HUNDRED THOUSAND DOLLARS $2,000,000 ($100,000or such higher amounts thereof as may be reasonably requested by Lessor from time to time during this Lease). Said insurance shall name Lessor as an additional insured; shall be written by companies and in form satisfactory to Lessor (which companies shall be authorized to do business in California); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage shall apply primary to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, other comparable liability coverage; and shall contain a clause that an endorsement requiring thirty (30) days' prior written notice sent by certified or registered mail, return receipt requested, to Lessor at the address set forth below, or such other address as may be provided to any such insurer will not cancel by Lessor, before cancellation thereof or change in the coverage, scope or amount of such policy or policies. Lessee shall provide Lessor with a Certificate of Insurance as evidence of such insurance without first giving the Landlord within twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate date of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail Lessee fails to obtain or maintain such insurance as provided in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord Lessor may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for obtain any such insurance coverage may have been obtained from another insurance carrierinsurance, and Tenant the cost thereof shall pay be paid by Lessee as additional rent, upon demand rent with the first payment of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining rent which is due subsequent to Lessor's incurring such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned therebycost, and additionally, Lessor shall have all remedies to collect the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage same as rent in the types Lease provided, and/or as otherwise provided by law for the collection of rent. The policy shall contain "cross-liability" or "separation of insureds" coverage and amounts herein specifiedshall insure performance by Lessee of the indemnity provisions of this Paragraph 8. The limits of said insurance shall not, and Tenant however, limit the liability of Lessee hereunder. In the event that the Premises constitutes a part of a larger property, said insurance shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancehave a Lessor's Protective Liability endorsement attached thereto.
Appears in 1 contract
Liability Insurance. Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and policies of:
(a) comprehensive public liability insurance with a contractual liability endorsement covering property damage, death and personal injury with respect to the Premises, the entrance and walk area in an amount front of the Premises, and the business operated by Tenant and any subtenants of Tenant in the Premises in which the limits of public liability shall not be less than $1,000,000 per occurrence and $2,000,000 aggregate and in which the property damage liability shall be not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000.
(b) per injury and accidentall risks, respectively; property damage insurance (in an amount not less than ONE HUNDRED THOUSAND DOLLARS adequate amount) to cover the full replacement value of all personal property, inventory, trade fixtures, furnishings, equipment, alterations, leasehold improvements and betterments and all other items located or placed in the Premises by the Tenant.
($100,000); and worker’s c) ▇▇▇▇▇▇▇'▇ compensation insurance in covering all persons employed, directly or indirectly, by the maximum amount permitted under Florida lawTenant as required by the laws of the State of North Carolina. Landlord may require such reserves the right to increase the foregoing insurance coverage limits as it deems reasonably necessary to be increased after protect itself, the first five years of Tenant and the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situationsproperty. The policy(s) aforesaid policies, excepting the ▇▇▇▇▇▇▇'▇ compensation, shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty sixty (2060) days prior written notice. The insurance shall be in written by an insurance company licensed approved by the State of Florida Landlord and a copy of the policy or a certificate of insurance shall be delivered to Landlord Landlord. Thereafter, at least fifteen (15) days prior to the commencement expiration of any such policy, Tenant shall deliver either a duplicate original or a certificate of insurance for the policy together with satisfactory evidence of the term payment of this Leasethe premiums therefore. In no event shall the limits of said insurance policies be considered as limiting the liability of If Tenant under this Lease. In the event that Tenant shall fail fails to obtain or maintain in full force and effect provide any or all of the insurance coverage required to by this section, then Landlord may, but shall not be obtained by Tenant under this Leaserequired to, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for purchase such insurance coverage may have been obtained from another insurance carrier, on behalf of the Tenant and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, add the procurement costs of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceas additional rent payable on demand.
Appears in 1 contract
Sources: Lease (Opticare Health Systems Inc)
Liability Insurance. Tenant shall, USER at its sole cost and expense shall maintain during the entire term hereof, keep in full force and effect bodily injury and DATE(S) OF USE of this agreement public liability insurance insuring against ALL liability of USER, PROPERTY OWNER/LANDLORD, and their authorized representatives arising out of and in an amount connection with USER'S use of the FACILITY, with a single liability limit of: 🗸 Check Appropriate Box $500,000 $1,000,000 $ USER also at its sole cost and expense shall maintain during the DATE(S) OF USE of this agreement property damage limits covering the facility to be used of not less than FIVE HUNDRED THOUSAND DOLLARS (than: 🗸 Check Appropriate Box $500,000) / ONE MILLION DOLLARS (500,000 $1,000,000) per injury 1,000,000 $ It is the intention of both USER and accident, respectively; PROPERTY OWNER/LANDLORD that both the public liability and property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in shall insure performance by USER of the maximum amount permitted under Florida lawexpress indemnity provision contained below. Landlord may require However, the limits of such insurance coverage to shall not limit the liability of USER hereunder. PROPERTY OWNER/LANDLORD shall be increased after named as an additional named insured on the first five years of insurance policy purchased by USER, which is the term subject of this Lease, provided that such increase shall not cause the required limits of coverage agreement. USER agrees to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and provide PROPERTY OWNER/LANDLORD with a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to evidencing that it has complied with the commencement of the term insurance requirement of this Leaseagreement. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail 🗸Check Either INDEMNITY PROVISION “A” Or INDEMNITY PROVISION "B" USER agrees to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Leasesave, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrierindemnify, and Tenant shall pay as additional rent, upon demand of Landlord, keep harmless PROPERTY OWNER/LANDLORD against any and all premiumsliability, costsclaims, charges judgments, or demands, including demands arising from injuries or death of persons (USER'S employees included) and expenses incurred damage to property, arising directly or expended indirectly out of obligations herein undertaken or out of the operations conducted by Landlord in obtaining such insuranceUSER, save and except claims or litigation arising through the sole negligence or sole willful misconduct of PROPERTY OWNER/LANDLORD. Notwithstanding shall procure insurance coverage required It is the intention of Tenant hereunderthe parties that the indemnity provided for by this agreement provides for indemnity to the fullest extent provided for by law. USER agrees to save, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned therebyindemnify, and additionallykeep harmless PROPERTY OWNER/LANDLORD against any and all liability, claims, judgments, or demands, including demands arising from injuries or death of persons (USER'S employees included) and damage to property in which PROPERTY OWNER/LANDLORD shall be named a defendant and which involves claims arising directly or indirectly from, as a result of, or in connection with USER'S use of the procurement premises. It is the intention of the parties that the indemnity provided by this agreement provides for indemnity to the PROPERTY OWNER/LANDLORD Signed Date PROPERTY OWNER/LANDLORD Signed Date USER Equipment, such insurance by Landlord shall not relieve Tenant of its obligations under this Lease as tables and chairs, excluding worship center furnishing may be loaned to maintain insurance coverage in members for special functions as needed, provided the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.following guidelines are observed:
Appears in 1 contract
Sources: Facility Use Agreement
Liability Insurance. Tenant shallRIDE RIGHT shall furnish certificate(s) of insurance on the form required by the COUNTY to the COUNTY (Attention: Sumter County Risk Manager, during ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, Suite 219, Wildwood, Florida, 34785). RIDE RIGHT shall at all times, carry Professional Liability, General Liability, Automobile and Worker’s Compensation Insurance pursuant to the entire term hereofinsurance requirements in RFP # ▇▇▇-▇-▇▇▇▇/AT, keep naming COUNTY as an additional insured in full force each such policy. The certificate(s) shall clearly indicate RIDE RIGHT has obtained insurance of the type, amount and effect bodily injury classification required for strict compliance with the RFP # ▇▇▇-▇-▇▇▇▇/AT and public liability that no reduction in coverage or in limits, suspension or cancellation of the insurance shall be effective without thirty- (30) days prior written notice as provided below. A person authorized by that insurer to bind coverage on its behalf shall sign the certificate(s). The COUNTY reserves the right to require complete certified copies of all required policies, at any time.
1. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in an amount not less than FIVE HUNDRED THOUSAND DOLLARS coverage or in limits except after thirty ($500,00030) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentdays prior written notice by certified mail, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in return receipt requested, has been given to the maximum amount permitted under Florida lawCOUNTY to the attention of the Sumter County Risk Manager. Landlord may require such In the event the insurance coverage expires prior to the termination or end of this Agreement, a renewal certificate shall be increased after issued thirty- (30) days prior to said expiration date. Compliance with the first five years foregoing requirements shall not relieve PROVIDER of the term liability and obligations of this Leaserequirement. Neither approval by the COUNTY nor a failure to disapprove insurance certificates or policies furnished by PROVIDER shall release PROVIDER of full responsibility for all liability or its obligations under this Agreement. All insurance policies shall be issued by responsible companies authorized to do business under the laws of the State of Florida, provided that such increase have an “A” policyholders’ rating, have a financial rating of at least Class VIII in accordance with the most current Best’s Key Rating Guide and shall be satisfactory to the COUNTY. All policies of insurance required by this Agreement shall be primary insurance as respects the COUNTY, its officials, agents and employees. Any insurance or self-insurance maintained by the COUNTY, its officials, agents or employees shall be in excess of PROVIDER’S insurance and shall not cause contribute with it. All policies of insurance required, except workers’ compensation shall specifically provide that the required limits of coverage to exceed those then commonly prevailing in COUNTY shall be an “additional insured” under the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, policy and shall contain a clause that Severability of Interests provision. All insurance policies required shall apply to all operations and activities by the insurer will not cancel provider or change by anyone employed by or contracting with the insurance without first giving the Landlord twenty (20) days prior noticeprovider. The insurance shall coverage’s and limits are designated to meet the minimum requirements of the COUNTY. Any deductibles or self-insured retentions must be in an insurance company licensed declared to and approved by the State of Florida COUNTY and a copy are the responsibility of the policy or provider. Before starting and until termination of a certificate of insurance shall be delivered to Landlord prior to subsequent contract agreement with the commencement of COUNTY, the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding operator shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in of the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancethe limits as specified in the RFP.
Appears in 1 contract
Sources: Medicaid Non Emergency Transportation (Net) Program Subcontracted Transportation Provider Agreement
Liability Insurance. Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of During the term of this LeaseLease Agreement, provided that such increase shall not cause the required Lessee agrees at its expense to provide and keep in force comprehensive general liability insurance with bodily injury liability limits of coverage $1,000,000.00 per person and $2,000,000.00 per accident, protecting Lessor and Lessee against any liability to exceed those then commonly prevailing any person whomsoever for injury to person or damage to property arising out of or in connection with the Lessee’s use of the Leased Premises or in the marketplace for similar situationscondition of the Leased Premises. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, Lessee further agrees to have the Lessor named as a named insured in said policy of insurance and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and to provide a copy of said policy of insurance to Lessor prior to occupying the Leased Premises. The policy or a certificate of insurance shall be delivered require thirty (30) days advance written notice to Landlord prior to the commencement Lessor of any cancellation of the term policy of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding Lessor shall procure maintain comprehensive general liability insurance covering the parking and common areas protecting Lessor and Lessee against liability for injury to persons or damage to property resulting from Lessor’s acts or omissions. Lessor agrees to provide and keep in force during the term hereof fire and extended coverage required insuring the Leased Premises and the building in which it is situated at full replacement value and to deliver a certificate to Lessee evidencing such coverage (and renewals of Tenant hereunder, Landlord such coverage). Lessor shall in no manner not be liable to Tenant Lessee or Lessee’s employees, agents or invitees, or to any person whomsoever, for any insufficiency injury to person or failure damage to property on or about the Leased Premises, caused by negligence or misconduct of coverage with regard to such insurance Lessee, its agents, servants, employees or any loss to Tenant occasioned therebyinvitees, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease Lessee agrees to maintain insurance coverage in the types indemnify Lessor and amounts herein specified, and Tenant shall nevertheless hold Landlord Lessor harmless from any loss loss, expense or claims arising out of any such damage or injury. Lessee shall not be liable to Lessor or Lessor’s employees, agents or visitors, or to any person whomsoever, for any injury to person or damage incurred to property on or suffered about the Leased Premises, caused by Landlord negligence or misconduct of Lessor, its agents, servants, employees or invitees, and Lessor agrees to indemnify Lessee and hold Lessee harmless from Tenant’s failure to maintain any loss, expense or claims arising out of any such insurancedamage or injury.
Appears in 1 contract
Liability Insurance. Tenant shall, during the entire term hereof, Owner shall obtain and keep in full force adequate insurance against physical damage (e.g., fire with extended coverage endorsement, boiler and effect bodily machinery, etc.) and against liability for loss, damage, or injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; to property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years or persons which might arise out of the term occupancy, management, operation, or maintenance of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situationsPremises. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, amounts and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate types of insurance shall be delivered acceptable to Landlord prior both Owner and Agent, and any deductible required under such insurance policies shall be Owner’s expense. Agent shall be covered as an additional insured on all liability insurance maintained with respect to the commencement Premises. Liability insurance shall be adequate to protect the interests of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain both Owner and Agent and in full force and effect any insurance coverage required to be obtained by Tenant under this Leaseform, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carriersubstance, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insuranceamounts reasonably satisfactory to Agent. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable Owner agrees to Tenant for any insufficiency or failure of coverage furnish Agent with regard to certificates evidencing such insurance or with duplicate copies of such policies within 30 days of the execution of this Agreement. If Owner fails to do so, Agent may, but shall not be obligated to, place said insurance and charge the cost thereof to the Operating (and/or) Reserve Account(s). Said Policies shall provide that notice of default or cancellation shall be sent to Agent as well as Owner and shall require a minimum of 30 days’ written notice to Agent before any loss cancellation of or changes to Tenant occasioned therebysaid policies. Agent assumes no liability whatsoever for any acts or omissions of Owner, or any previous owners of the Premises, or any previous management or other agent of either. Agent assumes no liability for any failure of or default by any tenant in the payment of any rent or other charges due Owner or in the performance of any obligations owed by any tenant to Owner pursuant to any lease or otherwise. Nor does Agent assume any liability for previously unknown violations of environmental or other regulations which may become known during the period this Agreement is in effect. Any such regulatory violations or hazards discovered by Agent shall be brought to the attention of Owner in writing, and additionallyOwner shall promptly cure them. Owner shall pay all expenses incurred by Agent, including, but not limited to, reasonable attorneys’ fees and Agent’s costs and time, and any liability, fines, penalties or the procurement like, in connection with any claim, proceeding, or suit involving an alleged violation by Agent or Owner, or both, of such insurance by Landlord any law pertaining to fair employment, fair credit reporting, environmental protection, rent control, taxes, or fair housing, including, but not limited to, any law prohibiting or making illegal discrimination on the basis of race, sex, creed, color, religion, national origin, or mental or physical handicap, provided, however, that Owner shall not relieve Tenant of its obligations under this Lease be responsible to maintain insurance coverage Agent for any such expenses in the types and amounts herein specifiedevent Agent is finally adjudged to have personally, and Tenant not in a representative capacity, violated any such law. Nothing contained in this Agreement shall nevertheless hold Landlord harmless from obligate Agent to employ legal counsel to represent Owner in any loss such proceeding or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancesuit.
Appears in 1 contract
Sources: Property Management Agreement
Liability Insurance. Landlord shall not be liable to Tenant, nor insure Tenant, for any personal injury or property damage caused by the act or omission of any other Tenant shallor third party, during or by any criminal act or activity, war, riot, insurrection, fire or act of God. Further, Tenant shall hold Landlord free and harmless from all claims, damages, suits, or causes of action resulting from injuries to persons or property and arising in connection with Tenant's operations on the entire term hereofLeased Property or common areas adjacent thereto. Tenant shall carry, keep in full force maintain and effect bodily injury and deposit proof with the Landlord of public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury such form and accidentwith such companies as shall be satisfactory to Landlord, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance insuring Landlord as his/her interest may appear against liability in the maximum minimum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after as stated in the first five years of the term Specific Terms of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Commercial Lease. In no event shall HAZARD INSURANCE: Landlord will obtain and maintain insurance on the limits structure housing the Leased Property for purposes of said insurance policies be considered hazards, fire or other casualty in such amounts, with such insurers as limiting the liability of Tenant under this LeaseLandlord deems appropriate. In the event that the Specific Terms call for the Tenant to pay for such hazard insurance (other than as part of the CAM), the Tenant shall fail pay to obtain the Landlord the amount of the hazard insurance premium on or maintain in full force and effect any before 15 days before it is due. The hazard insurance coverage required to be obtained by the Landlord does not provide any protection to Tenant under this Leaseeither for interruption of business, loss of the structure, or loss of any tenant improvements, trade fixtures, merchandise or other personal property. To the extent that ▇▇▇▇▇▇ wishes to be protected from loss due to interruption of business, loss of the structure, or loss of any tenant improvements, trade fixtures, merchandise or other personal property, Tenant shall obtain and maintain at Tenant's sole expense such additional insurance coverage as Tenant may desire. ABSENCES: Tenant shall notify Landlord of any anticipated absence of greater than seven (7) days or such absence will be considered abandonment of the Leased Property and Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, reenter and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, re-rent the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceLeased Property.
Appears in 1 contract
Sources: Commercial Lease
Liability Insurance. Tenant shall, at its expense, procure, maintain and keep in force, at all times during the entire term hereofTerm of this Lease Agreement, from Lloyds underwriters, or a licensed insurance company or companies with an A minus or better Bests Rating, commercial general liability insurance, with respect to the Leased Premises, the other portions of the Land and the Facilities and the use and occupancy thereof by Tenant, insuring Tenant as the named insured and the Authority and the other Landlord Indemnified Parties as additional insureds, against liability for bodily injury, personal injury, automobile liability, aircraft liability, hangar keepers liability, product liability for completed operations, death and property damage, including contractual liability. Without limiting its liability, Tenant agrees to carry and keep in full force insurance with single limit liability for bodily injury, personal injury, automobile liability, aircraft liability, hangar keepers liability, product liability for completed operations, death and effect bodily injury and public liability insurance property damage in an amount a sum not less than FIVE HUNDRED THOUSAND DOLLARS $100,000,000 per occurrence for each of the types of liabilities listed above. The Authority shall have the right, every fifth ($500,0005th) / ONE MILLION DOLLARS ($1,000,000) per injury year during the Term, to require Tenant, at Tenant’s cost and accidentexpense, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such to increase these insurance coverage amounts by up to be increased after ten percent (10%) over the first coverage amounts that Tenant was required to maintain under this Lease during the preceding five years of the term (5) year period. Tenant shall, upon execution of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, Lease Agreement and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty at least thirty (2030) days prior notice. The insurance shall be in an insurance company licensed by to the State of Florida and a copy expiration of the policy or policy, furnish the additional insureds with a certificate of insurance as evidence of coverage for a period of at least one (1) year; if such policy is effective for a period of more than one (1) year, the additional insureds shall also have the right to receive a certificate of insurance during each such year, upon request. This insurance shall not be delivered to Landlord prior cancelled, terminated or materially modified or amended except upon thirty (30) days’ advance written notice to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceinsureds.
Appears in 1 contract
Sources: Lease Agreement (Aar Corp)
Liability Insurance. Tenant shallshall provide or cause to be provided at its expense, and keep in force during the entire term hereof, keep in full force and effect bodily injury and public Lease Term:
(a) Commercial general liability insurance (without any so-called employee exclusion or the like) in an amount reasonably required by Landlord from time to time based on the then current practice for similar buildings used for senior housing or personal care homes providing assisted living services located within the vicinity of the Real Property, but in any event not less than FIVE HUNDRED THOUSAND DOLLARS the greater of (i) One Million Dollars ($500,0001,000,000.00) / ONE MILLION DOLLARS per occurrence, Three Million Dollars ($1,000,0003,000,000.00) per aggregate, or (ii) the liability coverage typically carried by Tenant in similar facilities, including contractual liability coverage. Such policy shall name Tenant as a named insured and Landlord and each Facility Mortgagee of which Landlord has notified Tenant, as additional insureds with respect to any claim arising from Tenant's use, occupancy, repair or operation of the Premises;
(b) Comprehensive automobile liability insurance including personal injury and accident, respectively; property damage in the amount of a combined single limit of One Million Dollars ($1,000,000.00) each occurrence. Coverage must include owned, leased, hired and non-owned vehicles;
(c) Worker's compensation and occupational disease insurance in an amount with statutory limits;
(d) Professional liability insurance with a limit not less than ONE HUNDRED THOUSAND DOLLARS Five Million Dollars ($100,000)5,000,000.00) per occurrence; and worker’s compensation insurance and
(e) Excess liability policy in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years umbrella form with a minimum limit of liability of ___________________ ($_____________) applying in excess of the term of this Leasecoverages listed in (a), provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s(b) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20d) days prior notice. The above.
(f) All liability insurance shall be on an occurrence basis. Tenant may not elect to carry claims made commercial general liability insurance unless occurrence coverage is generally unavailable at commercially reasonable rates in an the marketplace. Tenant's insurance company licensed shall state that it is primary and not contributing with any insurance purchased by the State of Florida and a copy of Landlord. Tenant's insurance shall also state that it is severable with respect to all insureds under the policy or a certificate and that acts of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance one insured will not abrogate coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceother insureds.
Appears in 1 contract
Sources: Lease Agreement (Balanced Care Corp)
Liability Insurance. Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer CITY will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant LESSEE, or to any other person, for any insufficiency damage caused by an act or failure omission of coverage with regard any person occupying any space adjacent to such insurance or any adjoining the premises unless the CITY or its agents caused the loss or damage. Except for loss or damage caused by CITY’s sole negligence, CITY will not be responsible or liable to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from LESSEE for any loss or damage incurred by LESSEE or suffered affecting LESSEE’s property from, but not limited to, any natural or manmade disaster or water, gas or steam, or the bursting, stoppage or leakage of pipes. ▇▇▇▇▇▇ agrees to indemnify and hold the CITY harmless from and defend the CITY against any and all such claims or liability for any injury or damage to any person or property whatsoever, occurring in or on the premises or occurring as a result of the use of any of the facilities or appliances anywhere on the premises. ▇▇▇▇▇▇ further agrees to provide and pay for a general liability insurance policy with a minimum limit of One Million and no/100 Dollars ($1,000,000.00) per occurrence and Two Million and no/100 Dollars ($2,000,000.00) aggregate for bodily injury or death resulting therefrom, or for damage to the premises and shall name CITY as an additional insured by Landlord endorsement. This policy of insurance must be primary coverage for all claims and losses arising from Tenantthe use, occupancy and operation of the premises under this Agreement. LESSEE must also maintain comprehensive, extended coverage insurance upon LESSEE’s failure personal property located in the premises. The policies of insurance required herein must not be suspended, voided, canceled or reduced in coverage without the prior written consent of CITY and must contain a provision that written notice of cancellation or of any material change in said policy by the insurer shall be delivered to maintain CITY not less than THIRTY (30) days in advance of the effective date thereof. The minimum limits of the policy of insurance required by this Section do not limit the liability of LESSEE hereunder. LESSEE must, prior to occupancy of the premises, deliver to CITY copies of the policies of insurance required herein or certificates evidencing the existence and amounts of such insuranceinsurance with loss payable clauses reasonably satisfactory to CITY.
Appears in 1 contract
Sources: Lease Agreement
Liability Insurance. Tenant, at Tenant's expense, agrees to keep in force during the term of this Lease a policy of commercial general liability insurance with combined limits in the amount of $1,000,000 per occurrence/$5,000,000 aggregate per location for injuries to or death of persons and/or property damage occurring in, on or about the Premises or the Complex. Tenant shallshall have the right to maintain the liability insurance required hereunder through any combination of primary general liability and "umbrella" policies of insurance, provided that the policies contain aggregate per location endorsements that provide the required levels of protection for the Premises and that such polices comply with the terms hereof. Certificates of insurance evidencing this coverage shall be furnished to Landlord, shall name Landlord, and the entities designated on Exhibit C, attached hereto, as additional insured on a primary and non-contributory basis, and shall insure any liability of Landlord, contingent or otherwise, as respects acts or omissions of Tenant, its agents, employees or invitees or otherwise by any conduct or transactions of any of said persons in or about or concerning the Premises, including any failure of Tenant to observe or perform any of its obligations hereunder; shall be issued by an insurance company admitted to transact business in the -State of California; and the insurance effected thereby shall not be canceled, except upon thirty (30) days' prior written notice to Landlord. If, during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such in the considered opinion of Landlord's Lender or insurance advisor, the amount of insurance described in this paragraph 13 is not adequate, Tenant agrees to increase shall not cause the required limits of said coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) such reasonable amount as Landlord's Lender or insurance advisor shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may reasonably deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceadequate."
Appears in 1 contract
Sources: Office Lease (Coupa Software Inc)
Liability Insurance. Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of During the term of this LeaseLease Agreement, provided that such increase shall not cause the required Lessee agrees at its expense to provide and keep in force comprehensive general liability insurance with bodily injury liability limits of coverage $500,000.00 per person and S1,000,000.00 per accident, protecting Lessor and Lessee against any liability to exceed those then commonly prevailing any person whomsoever for injury to person or damage to property arising out of or in connection with the Lessee's use of the Leased Premises or in the marketplace for similar situationscondition of the Leased Premises. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, Lessee further agrees to have the Lessor named as a named insured in said policy of insurance and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and to provide a copy of said policy of insurance to Lessor prior to occupying the Leased Premises. The policy or a certificate of insurance shall be delivered require thirty (30) days advance written notice to Landlord prior to the commencement Lessor of any cancellation of the term policy of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding Lessor shall procure maintain comprehensive general liability insurance covering the parking and common areas protecting Lessor and Lessee against liability for injury to persons or damage to property resulting from Lessor's acts or omissions. Lessor agrees to provide and keep in force during the term hereof fire and extended coverage required insuring the Leased Premises and the building in which it is situated at full replacement value and to deliver a certificate to Lessee evidencing such coverage (and renewals of Tenant hereunder, Landlord such coverage). Lessor shall in no manner not be liable to Tenant Lessee or Lessee's employees, agents or invitees, or to any person whomsoever, for any insufficiency injury to person or failure damage to property on or about the Leased Premises, caused by negligence or misconduct of coverage with regard to such insurance Lessee, its agents, servants, employees or any loss to Tenant occasioned therebyinvitees, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease Lessee agrees to maintain insurance coverage in the types indemnify Lessor and amounts herein specified, and Tenant shall nevertheless hold Landlord Lessor harmless from any loss loss, expense or claims arising out of any such damage or injury. Lessee shall not be liable to Lessor or Lessor's employees, agents or visitors, or: to any person whomsoever, for any injury to person or damage incurred to property on or suffered about the Leased Premises, caused by Landlord negligence or misconduct of Lessor, its agents, servants, employees or invitees, and Lessor agrees to indemnify Lessee and hold Lessee harmless from Tenant’s failure to maintain any loss, expense or claims arising out of any such insurancedamage or injury.
Appears in 1 contract
Liability Insurance. Subject to the terms of Section 17E hereof, Tenant shall indemnify Landlord and save Landlord harmless from and against all claims, actions, damages, liability and expense in connection with loss of life, bodily injury, and damage to property occurring in or about, or arising out of, the Premises, to the extent occasioned wholly or in part by any act or omission of Tenant, its agents, licensees, contractors, customers, invitees or employees. Tenant shall, during the entire term hereofat all times, keep maintain in full force and effect bodily injury and a comprehensive general public liability policy, which may be in the form of an umbrella policy, applicable to the Premises through an insurance in an amount not less than FIVE HUNDRED THOUSAND company approved by Landlord, with combined single limits of liability of at least THREE MILLION AND 00/100 DOLLARS ($500,0003,000,000.00) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in up to the maximum amount permitted under Florida lawpursuant to any umbrella or other similar policy held by Tenant. Such policy shall show Landlord, Landlord's mortgagee and Landlord's Managing Agent, if any, as additional insureds, and evidence of insurance in such form as approved by Landlord may require such insurance coverage and evidence of payment of premiums thereon shall be furnished to be increased after the first five years Landlord on initial occupation of the term of this LeasePremises by Tenant, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated and at all other times requested by Landlord, and but not more often than twice annually, unless Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant Default under this Lease. In At least fifteen (15) days prior to the event that expiration or termination date of such policy, Tenant shall fail deliver to obtain Landlord evidence of renewal or maintain replacement policy in full force and effect any such form as approved by Landlord with proof of payment of twelve months premium thereon in advance. Tenant agrees to provide Landlord with copies of insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand certificates within fifteen (15) days of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant 's request for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancesame.
Appears in 1 contract
Sources: Lease Agreement (OMNICELL, Inc)
Liability Insurance. Tenant shall, during the entire term hereof, keep shall maintain in full force and effect throughout the Term, commercial general liability insurance providing coverage on an occurrence form basis with limits of not less than Ten Million Dollars ($10,000,000.00) each occurrence for bodily injury and public property damage combined, Ten Million Dollars ($10,000,000.00) annual general aggregate, and Ten Million Dollars ($10,000,000.00) products and completed operations annual aggregate. Tenant's liability insurance coverage may be provided by a combination of primary, excess and umbrella policies, but these policies must be absolutely concurrent in an amount not less than FIVE HUNDRED THOUSAND DOLLARS all respects regarding the coverage afforded by the policies. The coverage of any excess or umbrella policy must be at least as broad as the coverage of the primary policy. Tenant's liability insurance policy or policies shall: ($500,000i) / ONE MILLION DOLLARS ($1,000,000) per injury include premises and accidentoperations liability coverage, respectively; products and completed operations liability coverage, broad form property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in coverage including completed operations, blanket contractual liability coverage including, to the maximum amount permitted under Florida law. Landlord may require such insurance extent possible, coverage to be increased after for the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability indemnification obligations of Tenant under this Lease, and personal and advertising injury coverage; (ii) provide that the insurance company has the duty to defend all insureds under the policy; (iii) provide that defense costs are paid in addition to and do not deplete any of the policy limits; (iv) cover liabilities arising out of or incurred in connection with Tenant's use or occupancy of the Premises or the Project; (v) extend coverage to cover liability for the actions of Tenant's Representatives and Visitors; and (vi) [intentionally deleted]. In Each policy of liability insurance required by this Section shall: (i) contain a separation of insureds clause or otherwise provide cross-liability coverage; (ii) provide that any waiver of subrogation rights or release prior to a loss does not void coverage; (iii) provide that it is primary insurance; (iv) provide that any failure to comply with the event that Tenant reporting provisions shall fail not affect coverage provided to obtain or maintain Landlord, its partners, property managers and Mortgagees; and (v) name Landlord, its partners, the Property Manager identified in full force the Basic Lease Information (the "PROPERTY MANAGER"), and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers such other parties in interest as Landlord may deem properfrom time to time reasonably designate to Tenant in writing, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand insureds. Such additional insureds shall be provided at least the same extent of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable as is provided to Tenant for any insufficiency under such policies. All endorsements effecting such additional insured status shall be at least as broad as additional insured endorsement form number CG 20 11 11 85 or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, CG 20 11 01 96 promulgated by the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceInsurance Services Office.
Appears in 1 contract
Sources: Lease Agreement (3do Co)
Liability Insurance. Tenant shall, at Tenant's expense, procure and maintain at all times during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, a policy of comprehensive public liability insurance insuring Landlord and Tenant against any liability arising out of the ownership, use, occupancy, or maintenance of any Leased Property. Such insurance shall at all time be in an amount of not less than $3,000,000.00. In addition, if Tenant serves liquor at the premises, Tenant shall maintain at least $1,000,000.00 of liquor liability insurance. The limits of such insurance shall not limit the liability of the Tenant. All insurance required under this Section 12 shall be with companies rated A or better in Best's Insurance Guide. Tenant shall deliver to Landlord certificates of insurance evidencing the existence and amounts of such insurance with loss payable clauses satisfactory to Landlord, provided that in the event Tenant fails to procure and maintain such increase insurance, Landlord may (but shall not cause the be required limits to), procure same at Tenant's expense after ten (10) days prior written notice. No such policy shall be cancelable or subject to reduction of coverage or other modification except after thirty (30) days prior written notice to exceed those then commonly prevailing Landlord by the insurer. All such policies shall be written as primary policies, no contributing with and not in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving excess of coverages which the Landlord may carry. Tenant shall, within twenty (20) days prior notice. The to the expiration of such policies, furnish Landlord with renewals or binders or Landlord may order such insurance and charge the cost to the Tenant, which amounts shall be in an insurance company licensed payable by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tent on demand Tenant shall fail have the. right to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for provide such insurance coverage pursuant to blanket policies which the Tenant may have been obtained from another insurance carrier, in force provided such blanket policies expressly afford coverage of any Leased Property and Tenant shall pay to Landlord as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended is required by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceLease.
Appears in 1 contract
Sources: Restaurant Lease (Fresh N Lite Inc)
Liability Insurance. Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and shall obtain public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per 3,000,000.00, but Tenant shall, with due diligence, attempt to obtain such additional dollar limits as will adequately cover the insured perils, with responsible insurance companies legally authorized to transact business in the Commonwealth of Pennsylvania. The liability insurance obtained by Tenant shall name Landlord as a named insured to cover Landlord against liability to third parties for bodily injury and accident, respectively; or property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance occurring at the Property resulting from Landlord's negligence or, at Tenant's option, Tenant may obtain a separate policy in the maximum amount permitted under Florida lawform described herein naming Landlord as the insured thereunder. Landlord may require agrees that it shall not cancel or request, from the issuing insurance company, any changes to any insurance policy obtained by Tenant hereunder. Tenant shall not conduct or allow to be conducted upon the Property any activity which is expressly excluded from the coverage under the insurance policy described above, unless Tenant shall obtain additional insurance covering such activity; provided, however, that if Landlord believes that Tenant has failed to comply with the provisions of this Subsection 9.A with respect to an activity which previously has been conducted at the Property, such that same would constitute an Event of Default (hereinafter defined) which cannot be cured (because said activity was conducted without such additional insurance coverage), Landlord shall not be entitled to declare same an-Event of Default or exercise any of Landlord's remedies unless Tenant's failure to obtain such additional insurance coverage to be increased after the first five years of the term was an intentional violation of this Lease; and provided further, provided that such increase shall if Landlord in good faith believes that Tenant intends to conduct an activity on the Property which is not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and Landlord shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty be entitled to send Tenant written notice at least five (205) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement occurrence of such activity, specifying such activity and the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of which Landlord believes Tenant under this Lease. In the event that Tenant shall fail is required to obtain or maintain in full force and effect any insurance coverage required pursuant to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem properand, irrespective that a lesser premium for if Tenant fails to acquire such insurance coverage may have been obtained after such notice from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding failure shall procure insurance coverage required be deemed to be "intentional" for purposes of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.Subsection 9.A.
Appears in 1 contract
Liability Insurance. Tenant shall1. REPRESENTATIVE shall take out, pay for, and at all times during the entire term hereofperformance of work hereunder maintain, keep in full force such public liability, contingent (protective), worker's compensation and effect such liability insurance as will satisfy the foregoing indemnity requirements of this Agreement and protect REPRESENTATIVE and COMPANY from claims arising out of REPRESENTATIVE'S performance under this Agreement. Such insurance shall include comprehensive general liability, bodily injury and public property damage, including automobile and broad form contractual liability covering liability assumed by the REPRESENTATIVE under this Agreement. THE EXISTENCE OF INSURANCE COVERAGE SHALL IN NO WAY ACT AS A LIMITATION OF LIABILITY FOR REPRESENTATIVE'S ACTIONS TAKEN PURSUANT TO THIS AGREEMENT.
2. Such insurance in shall: (i) be primary insurance written on an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in occurrence basis to the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required full limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlordliability hereinafter stated, and Tenant as insuredshould COMPANY have other valid insurance, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The COMPANY's insurance shall be in excess insurance only; and (ii) contain an insurance company licensed by the State of Florida and a copy endorsement stating that cancellation or expiration of the policy or a certificate of insurance to which this endorsement is attached shall be not become effective until after thirty (30) days advance written notice has been delivered to Landlord prior to COMPANY.
3. Without limiting the commencement requirements set forth in this Section, REPRESENTATIVE shall maintain insurance with coverage and minimal limits of liability as follows:
a. Worker's compensation and employers' liability providing statutory coverage under the worker's compensation and occupational disease laws of the term state where obligations are being performed under this Agreement and employer's liability coverage with limits of this Leaseat least $1,000,000.
b. Comprehensive general liability affording (i) bodily injury liability (or death) with limits of $1,000,000 for each occurrence and where
4. In no event shall the limits provisions of said this Section be construed in any way to limit REPRESENTATIVE'S obligations under the preceding paragraphs.
5. The insurance coverage required herein shall be through policies issued by companies authorized to do business under the laws of the state where the work is performed. The insurance carrier must be considered rated by the latest edition of Best's Insurance Guide, published by Alfred M. Best Company, Inc. at no less than a "B+" ▇▇▇▇ ▇▇licyholders Rating and no less than an "X" rating in Best's Financial Size Category.
6. All of such insurance, including renewals, shall be subject to the approval of COMPANY for adequacy of protection, and evidence of such coverages shall be furnished to COMPANY indicating such insurance to be in force and effect. Contemplated Certificates of Insurance shall be filed with COMPANY prior to commencement of work hereunder. 7. The foregoing insurance requirements may be waived by COMPANY if REPRESENTATIVE (i) has qualified and is certified as limiting self-insured under the liability laws of Tenant the state(s) in which REPRESENTATIVE is authorized to perform under this LeaseAgreement and (ii) has a net worth of at least five million ($5,000,000.00) dollars or provides a guarantee of liability suitable to COMPANY issued and executed by a company that has a net worth of at least ten million ($10,000,000.00) dollars. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance waiver by Landlord shall not relieve Tenant COMPANY, REPRESENTATIVE agrees to provide to COMPANY evidence, satisfactory to COMPANY, of its obligations under this Lease to maintain insurance coverage compliance with the terms set forth in the types (i) and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance(ii) above.
Appears in 1 contract
Sources: Marketing Representative Agreement (Cingular Wireless LLC)
Liability Insurance. Tenant shall, shall at all times during the entire term hereofTerm hereof and at its own cost and expense procure and continue in force: (1) Workers' Compensation Insurance as required by law and Employer's Liability Insurance which shall be provided in amounts not less than $1,000,000 each accident for bodily injury by accident, keep $1,000,000 policy limit for bodily injury by disease, and $1,000,000 each employee for bodily injury by disease; and (2) commercial general liability insurance providing coverage on an occurrence form basis with limits of not less than One Million and No/100ths Dollars ($1,000,000.00) each occurrence for bodily injury and property damage combined, One Million and No/100ths Dollars ($1,000,000.00) products and completed operations annual aggregate. Tenant's liability insurance policy or policies shall: (i) include premises and operations liability coverage, products and completed operations liability coverage, broad form property damage coverage including completed operations, blanket contractual liability coverage including, to the maximum extent possible, coverage for the indemnification obligations of Tenant under this Lease, and personal and advertising injury coverage; (ii) provide that the insurance company has the duty to defend all insureds under the policy; (iii) provide that defense costs are paid in addition to and do not deplete any of the policy limits; and (iv) cover liabilities arising out of or incurred in connection with Tenant's and its agents', employees', contractors', licensees', affiliates', customers', invitees' and/or other representatives' use or occupancy of the Premises or the Property. The limits of such insurance shall not limit the liability of Tenant. In addition, Tenant shall procure and maintain in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in at all times during the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term Term of this Lease, at Tenant's cost and expense, business auto liability insurance covering owned, non-owned and hired vehicles with a limit of not less than $1,000,000.00 per accident. All of the insurance required under this Section shall name Landlord as an additional insured thereunder. The endorsements effecting such additional insured status shall be acceptable to Landlord and shall be at least as broad as additional insured endorsement form number CG 20 11 11 85 promulgated by the Insurance Services Office. All insurance required hereunder shall be with companies rated at A-VIII or 9/12/2013 12:02 PM better in A.M. Best's Insurance Guide. Tenant shall deliver to Landlord certificates of insurance evidencing the existence and amounts of such insurance with loss payable clauses satisfactory to Landlord provided that in the event Tenant fails to procure and maintain such increase insurance, Landlord may (but shall not cause the be required limits to) procure same at Tenant's expense after ten (10) days prior written notice. No such policy shall be cancelable or subject to reduction of coverage or other modification except after thirty (30) days prior written notice to exceed those then commonly prevailing in Landlord by the marketplace for similar situationsinsurer. The policy(s) shall name LandlordTenant shall, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord within twenty (20) days prior notice. The to the expiration of such policies furnish Landlord with renewals or binders, or Landlord may order such insurance and charge the cost to Tenant, which amount shall be in an insurance company licensed payable by the State of Florida and a copy of the policy or a certificate of insurance Tenant upon demand. All such policies shall be delivered to written as primary policies, not contributing with and not in excess of coverage, which Landlord prior to the commencement of the term of this Leasemay have. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail have the right to obtain or maintain in full force and effect any provide such insurance coverage required pursuant to be blanket policies obtained by Tenant under this Leaseprovided such blanket policies expressly afford coverage to the Premises, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrierLandlord, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended required by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceLease.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Super Micro Computer, Inc.)
Liability Insurance. Tenant Sublessee shall, at Sublessee's expense obtain and keep in force during the entire term hereofof this Lease a policy of Combined Single Limit, keep in full force Bodily Injury and effect bodily injury Property Damage Insurance Insuring Sublessor and public Sublessee against any liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be combined single limit policy in an amount not less than FIVE HUNDRED THOUSAND DOLLARS $3,000,000.00. The policy shall contain cross liability endorsements and shall insure performance by Sublessee of indemnity provisions of this Paragraph 8. The limits of said insurance shall not, however, limit liability of Sublessee hereunder. In the event that the Premises constitute a part of a larger property said insurance should have a Sublessor's Protective Liability endorsement attached thereof If Sublessee shall fail to procure and maintain said insurance, Sublessor may, but shall not be required to, procure and maintain the same, but at the expense of Sublessee. Not more frequently than each three ($500,0003) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentyears, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance if, in the maximum reasonable opinion of Sublessor, the amount permitted under Florida law. Landlord may require such of liability insurance required hereunder is not adequate, Sublessee shall increase said insurance coverage to as required by Sublessor. Provided, however, that in no event shall the amount of the liability insurance increase be increased after more than fifty percent greater than the first five amount thereof during the preceding three (3) years of the term of this Lease. However, provided that such increase the failure of Sublessor to require any additional insurance coverage shall not cause the required limits of coverage be deemed to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, relieve Sublessee from any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant obligations under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.
Appears in 1 contract
Liability Insurance. During the Lease Term, Tenant, at ▇▇▇▇▇▇’s sole cost and expense, shall maintain a policy of commercial general liability insurance (or its equivalent) insuring Tenant shallagainst liability for bodily injury, during property damage (including loss of use of property) and personal injury arising out of the entire term hereofoperation, keep use or occupancy of the Property. Tenant shall name Landlord (and any affiliate of Landlord designated by Landlord) as an additional insured under such policy, and Tenant shall provide Landlord with an appropriate “additional insured” endorsement to Tenant’s liability insurance policy (in full force a form acceptable to Landlord) not less than ten (10) business days prior to Tenant’s occupancy of the Property. The initial amount of such insurance shall be Three Million Dollars ($3,000,000.00) per occurrence and effect bodily injury shall be subject to periodic increase based upon inflation, increased liability awards, recommendation of Landlord’s professional insurance advisors and public other relevant factors; provided, however, that such increases shall not exceed those increases imposed by prudent owners of like properties in the Las Vegas metropolitan area. The liability insurance obtained by Tenant under this Section 4.04(a): shall (i) be primary and non-contributing; (ii) contain a “separation of insureds” clause (or equivalent); (iii) contain contractual liability coverage respecting Tenant’s indemnity obligations under Section 5.05 below; and (iv) not have a deductible amount in excess of Ten Thousand Dollars ($10,000.00) in Constant Dollars. Tenant may satisfy its obligations under this Section through the use of a combination of primary and excess or umbrella coverage. The amount and coverage of such insurance shall not limit Tenant’s liability nor relieve Tenant of any other obligation under this Lease. Landlord may also obtain commercial general liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance with coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated determined by Landlord, and Tenant as insuredinsuring Landlord against liability arising out of ownership, and shall contain a clause that operation, use or occupancy of the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior noticeProperty. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types be contributory and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such not provide primary insurance.
Appears in 1 contract
Sources: Land Lease (Switch, Inc.)
Liability Insurance. Tenant shall, LESSOR shall obtain and keep in force during the entire term hereofof this Lease a policy or policies of commercial general liability insurance covering all injuries occurring within the building and the Premises. The policy or policies evidencing such insurance shall name COUNTY as an additional insured, keep in full force shall provide that same may not be cancelled or amended without thirty (30) days prior written notice to COUNTY, and effect shall provide for a combined coverage of bodily injury and public liability insurance property damage in an the amount of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS One Million Dollars ($1,000,000) per injury and accident, respectively; property damage ). Such policy or policies shall be issued by an insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance company licensed to do business in the maximum amount permitted under Florida lawState of California and in a form acceptable to COUNTY. Landlord Prior to the Commencement Date of this Lease and upon renewal of such policies, LESSOR shall submit to COUNTY suitable evidence that the foregoing policy or policies are in effect. LIABILITY (5.4 S) LESSOR and COUNTY each agree to assume sole responsibility to defend against any and all claims for injuries to persons or damage to property which may require such insurance coverage arise, in whole or in part, from the imposition of legal liability for the acts, omissions and conduct of the LESSOR on the one hand or COUNTY on the other, and specifically agree that neither LESSOR nor COUNTY shall be obligated to defend or indemnify the other for claims which create potential legal liability arising out of the acts, omissions or conduct of the other party to this Lease. TAXES AND ASSESSMENTS (5.6 S) All taxes and assessments which become due and payable upon the Premises shall be the full responsibility of LESSOR, and LESSOR shall cause said taxes and assessments to be increased after paid prior to the first five years of due date. Should LESSOR fail to pay taxes and assessments due upon the Premises, COUNTY may pay such amount due and deduct the cost thereof from the rent thereafter payable. BUILDING AND SAFETY REQUIREMENTS (5.7 S) During the full term of this Lease, provided that such increase shall not cause LESSOR, at LESSOR's sole cost, agrees to maintain the required limits of coverage to exceed those then commonly prevailing Premises in the marketplace for similar situations. The policy(s) shall name Landlordcompliance with all applicable laws, any personrules, firms or corporations designated by Landlordregulations, building codes, statutes, and Tenant orders as insured, and shall contain a clause that they are applicable on the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term date of this Lease, and as they may be subsequently amended. In no event shall Included in this provision is compliance with the limits Americans with Disabilities Act (ADA) and all other federal, state, and local codes, statutes, and orders relating to disabled access as they are applicable on the dates of said insurance policies be considered as limiting the liability of Tenant under this Lease, and as they may be subsequently amended. LESSOR further agrees to maintain the Premises as a "safe place of employment," as defined in the California Occupational Safety and Health Act (California Labor Code, Division 5, Part 1, Chapter 3, beginning with Section 6400) and the Federal Occupational Safety and Health Act, where the provisions of such Act exceed, or supersede, the California Act, as the provisions of such Act are applicable on the date of this Lease, and as they may be subsequently amended. // // In the event that Tenant shall fail to obtain LESSOR neglects, fails, or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease refuses to maintain insurance coverage in the types and amounts herein specifiedsaid Premises as aforesaid, and Tenant shall nevertheless hold Landlord harmless from COUNTY may, notwithstanding any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.other termination provisions contained herein:
Appears in 1 contract
Sources: Lease
Liability Insurance. (i) During the Lease Term for the period commencing on the Access Date, Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and shall maintain a primary policy of comprehensive public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS at Tenant's expense, insuring Landlord and Tenant against liability arising out of the ownership, use, occupancy or maintenance of the Property ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentexcept to the extent such injury, respectively; death or property damage insurance is caused by any damage or destruction as defined in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance Article Seven, by a defect in the maximum condition of the Property which is ▇▇▇▇▇▇▇▇'s responsibility, or by the negligence or willful act of Landlord or its agents, contractors, employees or representatives). The initial amount permitted under Florida law. Landlord may require of such insurance coverage shall be at least $5,000,000, including umbrella coverage, which minimum amount shall be subject to be increased after the first increase once every five (5) years of the term Lease Term by $1,000,000. However, the amount of this Lease, provided that such increase insurance shall not cause the required limits limit Tenant's liability nor relieve Tenant of coverage to exceed those then commonly prevailing in the marketplace for similar situationsany obligation hereunder. The policy(spolicy shall contain cross-liability endorsements, if applicable. Notwithstanding the foregoing, Tenant may, at Tenant's election made at any time during the Lease Term, upon ten (10) days' prior written notice, as long as Tenant's net worth is at least $150,000,000, self-insure for the risks otherwise to be covered by the insurance policy described above.
(ii) During the Lease Term, Landlord shall name maintain a policy of comprehensive public liability insurance at Landlord's expense, any personinsuring Landlord and Tenant (as secondary to Tenant's coverage required in (a)(i) immediately above) against liability arising out of the ownership, firms use, occupancy or corporations designated maintenance of the Property by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The initial amount of such insurance shall be in an insurance company licensed by the State of Florida and a copy at least $5,000,000, including umbrella coverage, which minimum amount shall be subject to increase once every five (5) years of the Lease Term by $1,000,000. All such insurance may be provided under a blanket coverage policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Leaseendorsement. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionallyHowever, the procurement amount of such insurance by Landlord shall not limit Landlord's liability nor relieve Tenant Landlord of its obligations under this any obligation hereunder. The policy shall contain cross-liability endorsements, if applicable. Notwithstanding the foregoing, Landlord may, at Landlord's election made at any time during the Lease Term, upon ten (10) days' prior written notice, as long as Landlord's net worth is at least $150,000,000, self-insure for the risks otherwise to maintain be covered by the insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancepolicy described above.
Appears in 1 contract
Liability Insurance. Tenant shallAt its own expense, during Mortgagor shall maintain entries with financially sound and reputable insurers or protection and indemnity associations reasonably satisfactory to the entire term hereofMortgagee protection and indemnity, keep in full force collision, tower's liability including crew, cargo, contractual liabilities, and effect bodily injury removal of wreck insurance and public protection and indemnity war risk insurance protecting the interests of Mortgagor and Mortgagee against liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; for property damage insurance to third persons (including liability to any governmental authority or other person with respect to pollution liability) and personal injury or death to any person arising out of the maintenance, use, operation and ownership of the Vessels, cargo damage or loss, contractual liability and wreck removal in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance such amounts as are usually carried by persons engaged in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Leasesame or similar businesses; provided, provided however, that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement amount of such insurance per person and per occurrence (subject to such deductible, if any, permitted by Landlord Mortgagee) be less than the customary amount of coverage available on the market from time to time with respect to vessels of the same type, age and trade as the Vessels and reasonably acceptable to the Mortgagee and in no event shall not relieve Tenant the total amount of its obligations under this Lease such liability insurance be less than USD 25,000,000. Such liability insurance shall name each of the Mortgagee, Mortgagor and other interested persons as additional insureds, as their respective interests may appear, but the proceeds of such policies shall be payable to maintain insurance coverage the person actually suffering the loss in respect of which such proceeds are payable provided, however, that if Mortgagee shall have first notified the types underwriters or brokers that a Default hereunder has occurred then all such proceeds to which the Mortgagor would have otherwise been entitled shall be thereafter payable to Mortgagee for distribution to itself and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss others as their interests may appear as hereinafter set forth or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceotherwise with the consent of Mortgagee in each case.
Appears in 1 contract
Sources: First Preferred Fleet Mortgage (Reading & Bates Corp)
Liability Insurance. Tenant shall, during the entire term hereofat its own cost and expense, keep and maintain in full force and effect bodily injury and public during the Lease Term, a policy of comprehensive/commercial general liability insurance in an amount insuring Tenant’s activities with respect to the Leased Premises, Bank of America Building and Bellevue Place against loss, damage or liability for personal injury or death or loss or damage to property with a limit of not less than FIVE HUNDRED THOUSAND DOLLARS Two Million Dollars ($500,0002,000,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentcombined single limit for policies without a general aggregate limit. For policies with a general aggregate limit, respectively; property damage insurance in an amount such aggregate limit shall be not less than ONE HUNDRED THOUSAND DOLLARS Two Million Dollars ($100,0002,000,000) and include an endorsement providing that the foregoing limit shall apply per ▇▇▇▇▇▇▇▇▇▇.▇▇▇ NNN Lease 21 location, including the Leased Premises, and have an occurrence limit not less than Two Million Dollars ($2,000,000); and worker. In the event Tenant obtains a policy with a general aggregate limit, Tenant shall immediately notify Landlord if claims covered by such policy or policies at any time are made against Tenant which claims exceed fifty percent (50%) or more of the aggregate limit. Notwithstanding the foregoing, if during the Lease Term, in Landlord’s compensation insurance in reasonable judgment, the maximum amount permitted under Florida law. policy limits required hereunder are no longer adequate to provide reasonable protection to Landlord, Landlord may require notify Tenant of such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits inadequacy and an appropriate level of coverage and Tenant, within thirty (30) days of receiving such a notice, shall obtain such additional amounts of insurance and provide Landlord with satisfactory evidence thereof. Reference may be made to exceed those then commonly prevailing in the marketplace policy amounts required by other landlords for similar situationsspace and operations in determining what is reasonable protection hereunder. The policy(s) insurance required under this Section shall name be with companies rated A-VII or better in Best’s Insurance Guide. Landlord, ▇▇▇▇▇▇ Development Company, and any person, firms or corporations other parties in interest designated by Landlord, and Tenant shall be named as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior noticeadditional insureds. The insurance policy shall be in bear an insurance company licensed by the State of Florida and a copy of endorsement that the policy shall not be cancelled or a certificate the policy limits reduced by endorsement below the coverage required by this Lease for any reason other than nonpayment of insurance shall be delivered premiums except upon forty-five (45) days’ prior written notice to Landlord and only after ten (10) days’ prior written notice for non-payment of premiums. Tenant shall deliver to Landlord upon the commencement Commencement Date and from time to time thereafter as requested by Landlord copies of all policies of such insurance or certificates thereof, including applicable endorsements, showing Landlord as an additional insured and the term of this Leaseapplicable policy limits thereof. In no event shall the limits of said insurance such policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.
Appears in 1 contract
Sources: Office Lease (Smartsheet Inc)
Liability Insurance. (a) Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. shall defend Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insuredagainst, and shall contain a clause that the insurer will not cancel be responsible for, and shall save Landlord harmless from and against, any and all claims for damages or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State persons or property resulting from or rising out of Florida and a copy Tenant's occupancy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of Leased Premises throughout the term of this Lease. In no event Tenant, at all times during the term hereof, at its sole cost and expense, shall procure, or cause to be procured, and keep in force comprehensive liability insurance, including personal injury and property damage, insuring against all claims and liability arising out of the use or occupancy of the Leased Premises by Tenant, with limits of said insurance policies be considered as limiting the liability of not less than Two Million Dollars ($2,000,000.00). The policy or policies of insurance shall be in standard form and shall name Landlord therein as an additional insured, together with Tenant, and shall be issued by insurers acceptable to Landlord. Premiums for all policies of insurance herein referred to and all renewals thereof shall be paid by Tenant under this Lease. In on or before the event that beginning date of the next annual policy or renewal period and, if so required, certificates thereof shall be furnished to Landlord by Tenant promptly upon the issuance of each such policy or renewal thereof.
(b) Landlord, at all times during the term hereof, shall fail to obtain procure or maintain in full force and effect any insurance coverage required cause to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrierprocured, and keep in force comprehensive liability insurance, including personal injury and property damage, covering the parking area, the Common Areas and all other public areas in and around the Building with limits of liability of not less than Two Million Dollars ($2,000,000.00). The policy or policies of insurance shall be standard form and shall name Tenant shall pay therein as an additional rentinsured, upon demand of together with Landlord, any and shall be issued by insurers acceptable to Tenant. Premiums for all policies of insurance herein referred to and all premiums, costs, charges and expenses incurred or expended renewals thereof shall be paid by Landlord in obtaining such insurance. Notwithstanding on or before the beginning date of the next annual policy or renewal period and, if so requested, certificates thereof shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable furnished to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant promptly upon the issuance of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss each such policy or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancerenewal thereof.
Appears in 1 contract
Liability Insurance. Tenant shall, during A. Lessee agrees at its sole cost and expense throughout the entire term hereofduration of this Lease to obtain, keep and maintain in full force and effect bodily injury for the mutual benefit of Lessor, Lessee, and public any Sub-Lessees designated in writing by Lessor, comprehensive liability insurance against claims for damage to persons or property arising out of the use and occupancy of the Leased Premises or any part or parts thereof in an amount limits of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS (500,000 per occurrence with a $1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law1,000,000 aggregate limit of liability coverage. Landlord may require A duplicate original Certificate or Binder of such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered furnished to Landlord prior to Lessor at the commencement of the term of this Lease, contain an agreement by the insurer if obtainable that such policy shall not be canceled without ten (10) days prior written notice to Lessor. In no event Each such policy of insurance shall name the limits City of said Red Wing as an additional insured.
B. Lessee's failure to effectuate any and all such insurance and renewal policies be considered or insurance required as limiting aforesaid and to pay the liability premiums and renewal premiums on all such policies of Tenant insurance as they become due and payable, and to deliver all such Certificates of Insurance and renewals thereof or duplicate originals to Lessor within the time herein above limited shall constitute a default by Lessee under the terms of this Lease. .
C. In the event that Tenant shall fail Lessee fails to obtain or maintain in full force and effect any cause the aforesaid insurance coverage required policies to be obtained by Tenant under written and pay the premiums for the same and deliver all such Certificates of Insurance or duplicate originals thereof to Lessor within the time provided for in this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for Lessor shall have the right without being obligated to do so to effect such insurance coverage may have been obtained from another insurance carrier, and Tenant pay the premiums therefore and all such premiums paid by Lessor shall pay be repaid to Lessor on demand as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred Lessee's failure to repay the same as aforesaid shall constitute a default under this Lease.
D. Nothing contained in this Paragraph 11 shall affect or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its limit Lessee's obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceParagraph 13 hereof.
Appears in 1 contract
Sources: Private Hangar Lease Agreement
Liability Insurance. Tenant shallTenant, at its own expense, shall maintain during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and of this Lease a policy or policies of worker’s compensation insurance and comprehensive general liability insurance, including personal injury and property damage, with contractual liability endorsement, in the maximum amount permitted under Florida lawof One Million Dollars ($1,000,000.00) for property damage and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Property. Landlord may require such insurance coverage to be increased after the first five years of Tenant, at its own expense, also shall maintain during the term of this Lease, provided fire and extended coverage insurance covering (i) the replacement cost of all alterations, additions, partitions and improvements installed or placed on the Property by Tenant or by Landlord on behalf of Tenant and (ii) the replacement cost of all of Tenant’s personal property contained within the Property and (iii) business interruption of Tenant. Said policies shall (i) name Landlord as an additional insured and insure Landlord’s contingent liability under this Lease (except for the worker’s compensation policy and Tenant’s insurance on Tenant’s personal property, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued by an insurance company which is acceptable to Landlord, (iii) provide that such increase said insurance shall not cause the required limits of coverage be canceled unless thirty (30) days prior written notice shall have been given to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured(iv) provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance in such circumstance Landlord’s coverage under Landlord’s policy shall be in an insurance company licensed deemed excess over and above the coverage provided by the State of Florida and a copy of the Tenant’s policy. Said policy or a certificate of insurance policies or certificates thereof shall be delivered to Landlord prior to the by Tenant upon commencement of the term of this Lease. In no event shall the limits Lease and upon each renewal of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.
Appears in 1 contract
Sources: Commercial Industrial Lease Agreement (Argyle Security, Inc.)
Liability Insurance. Tenant shall, during the entire term hereof, shall obtain and keep in full force a policy of commercial general liability and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount (including but not less than ONE HUNDRED THOUSAND DOLLARS limited to automobile, personal injury, broad form contractual liability, owners ($100,000); i.e., Tenant’s) contractors protective and worker’s compensation insurance in broad from property damage) under which Tenant is named as the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name insured and Landlord, Landlord’s agent and any personlessors, firms or corporations designated by mortgagees and assignees (whose names shall have been furnished to Tenant) are named as additional insureds and under which the insurer agrees toindemnify and hold Landlord, its managing agent and Tenant as insuredall applicable lessors, mortgagees and shall contain a clause that assignees harmless from and against all cost, expense and/or liability arising out of or based upon the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term indemnification obligations of this Lease. In The minimum limits of liability shall be a combined single limit with respect to each occurrence of not less than Five Mill ion Dollars ($5,000,000.00). The policy shall, if such is available on a commercially reasonable basis, contain a cross liability endorsement and shall be primary coverage for Tenant and Landlord for any liability arising out of Tenant’s and Tenant’s Employees’ use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall provide that it is primary insurance and not “excess over” or contributory. The policy shall contain a severability of interest clause. At any time upon the request of a Superior Mortgagee, or otherwise not more frequently than once each year, if, in the opinion of any Superior Mortgagee, Landlord’s lender or of the insurance consultant retained by Landlord, the amount of public liability and property damage insurance coverage at that time is not adequate, Tenant shall increase the insurance coverage as required by either Landlord’s lender or Landlord’s insurance consultant; provided however, that in no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect sh all any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained be increased in excess of that which is from another insurance carrier, and Tenant shall pay as additional rent, upon demand time to time being required by comparable Landlords of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord comparable tenants leasing comparable amounts of space in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceComparable Buildings.
Appears in 1 contract
Sources: Lease Agreement (Ikos Systems Inc)
Liability Insurance. Tenant shallLESSEE agrees to indemnify and save harmless the LESSOR from any casualty claim or lose arising by reason of LESSEE'S use or misuse on or about the demised premises, during of by reason of an accident or damage to any person or property happening on or about the entire term hereofdemised promises arising out of the acts or omissions of LESSEE, keep in full force and effect bodily injury and public liability their officers, employees, invitees, agents or visitors. LESSEE agrees that it will provide a policy or policies of insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS One Million Dollars ($500,0001,000,000.00) / ONE MILLION DOLLARS ($1,000,000) per combined single limit, bodily injury and accident, respectively; property damage liability for each occurrence and aggregate. LESSOR, ▇▇▇▇▇ COUNTY REALTY CO., SHALL BE NAMED AS AN ADDITIONAL INSURED IN ANY INSURANCE POLICY OR POLICIES OR CERTIFICATES AS EVIDENCE THEREOF. IN THE EVENT OF A SUBLEASE, THEN LESSOR AND SUBLESSOR SHALL BE NAMED AS AN ADDITIONAL INSURED. Certificates of insurance shall be provided to LESSOR by LESSEE. Such certificates shall provide that the insurance may not be canceled without the LESSOR receiving written notice from LESSEE'S insurance carrier at least ten (10) days prior to such cancellation. Certificates of such insurance shall be delivered to LESSOR a minimum of fifteen (15) days following possession of the demised premises by LESSEE with renewals thereof delivered to LESSOR a minimum of thirty (30) days prior to the expiration of any such policies. If requested to do so, LESSEE shall also provide LESSOR with copies of the pertinent portions of all such policies and shall also permit LESSOR to examine the original policies. Each policy and certificate evidencing the same shall contain an agreement by the insurer that such policy shall not be canceled or modified without ten (10) days' written notice to LESSOR and that no act or omission of LESSEE shall invalidate the interest of LESSOR under such insurance without 10 days written notice to LESSOR. If LESSEE fails to obtain and maintain any such insurance or to deliver any of the certificates as required in this Lease, LESSOR may, in addition to any other remedy under this Lease, procure such insurance at the expense of LESSEE and pay the cost thereof. Such cost shall be deemed additional rent and shall be payable by LESSEE to LESSOR immediately upon demand, together with interest until paid. LESSOR agrees to indemnify and save harmless the LESSEE from any casualty claim or loss arising by reason of LESSOR'S use or misuse on or about the demised promises, or by reason of an accident or damage to any person or property happening on the premises, except such casualty claim, loss, accident or damage to any person or property happening on the promises which shall arise out of LESSEE'S agent, employees or servants, licensees or invitees, or any contract of LESSEE, or by default of LESSEE under this Lease. LESSOR agrees that it will provide a policy or policies of insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS One Million Dollars ($100,000); 1,000,000.00) combined single limit, bodily injury and worker’s compensation property damage liability for each occurrence and aggregate. LESSEE, THE BOYDS COLLECTION, LTD, INC.. SHALL BE NAMED AS AN ADDITIONAL INSURED IN ANY INSURANCE POLICY OR POLICIES OR CERTIFICATES AS EVIDENCE THEREOF provided LESSOR'S insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage carrier permits LESSEE to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situationsnamed as an additional insured. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.DESTRUCTION
Appears in 1 contract
Liability Insurance. Tenant shall, during the entire term hereof, keep in full force (a) LGF shall maintain commercial general liability and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); insurance, including automobile liability, and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage a fire legal liability endorsement, that protects LGF and PP&R and PP&R's officers, agents and employees as additional insureds from any and all risks, claims, demands, actions, and suits for damage to be increased after the first five years property including without limitation cracking or breaking of glass or bodily injury, including death, arising directly or indirectly from LGF's activities or any condition of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this LeasePremises. In no event shall the limits foregoing require LGF to insure the buildings or the Premises against damage by fire or other casualty and any such insurance, if any, shall be maintained by PP&R and PP&R's sole cost. The insurance shall protect LGF against the claims of said insurance policies be considered as limiting PP&R on account of the liability of Tenant obligations assumed by LGF under this LeaseLicense and shall protect PP&R and LGF against claims of third persons. In The insurance shall provide coverage for not less than $1,000,000 per each occurrence and 2,000,000 aggregate. PP&R reserves the event that Tenant shall fail right to obtain or maintain in full force and effect any require reasonable additional insurance coverage as required by statutory or legal changes to the maximum liability that may be obtained imposed on municipalities of the State of Oregon during the term of this License. The insurance shall be without prejudice to coverage otherwise existing and shall name as additional insureds PP&R and its officers, agents, and employees. Notwithstanding the naming of additional insureds, the insurance shall protect each insured in the same manner as though a separate policy had been issued to each, but nothing herein shall operate to increase the insurer's liability as set forth elsewhere in the policy beyond the amount or amounts for which the insurer would have been liable if only one person or interest had been named as insured. LGF's coverage shall be primary and non-contributory with any other insurance and self-insurance. The coverage shall apply as to claims between insured on the policy. So long as such endorsement remains available, the insurance shall provide that the insurance shall not terminate or be canceled without thirty (30) days written notice first being given to PP&R. If the insurance is canceled or terminated prior to termination of this License, LGF shall provide a new policy with the same terms. LGF agrees to maintain continuous, uninterrupted coverage for the duration of this License. The automobile insurance shall include coverage for any damages or injuries arising out of the use of automobiles or other motor vehicles by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such the LGF at Premises and in its business. LGF shall also obtain insurance coverage may have been obtained from another insurance carrierfor business interruption and loss of profit in an amount sufficient to meet LGF's full License obligations.
(b) LGF shall maintain on file with PP&R a certificate of insurance, and Tenant shall pay as additional rentincluding relevance endorsements, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance certifying the coverage required by this Section. The adequacy of Tenant hereunder, Landlord the insurance shall in no manner be liable subject to Tenant for any insufficiency or failure the reasonable approval of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease City Attorney. Failure to maintain liability insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.a current certificate of insurance on file with PP&R shall be cause for immediate termination of this License by PP&R.
Appears in 1 contract
Sources: License Agreement
Liability Insurance. Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance. Plat Glass Insurance. The replacement of any plate glass damaged or broken from any cause whatsoever in and about the Leased Premises shall be Tenant’s responsibility. Tenant shall, during the entire term hereof, keep in full force and effect a policy of plate glass insurance covering all the plate glass of the Leased Premises, in amounts satisfactory to Landlord. The policy shall name Landlord as additional insured and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. A copy of the policy together with the declarations page therefore shall be delivered to Landlord prior to the commencement of the term of this Lease, Increases in Fire Insurance Premium. Tenant agrees that it will not keep, use or sell in or upon the Leased Premises any article, machinery or equipment which may be prohibited by the standard form of fire and extended risk insurance policy. Tenant agrees to pay any increase in premiums for fire and extended coverage insurance that may be charged during the term of this Lease on the amount of such insurance which may be carried by Landlord on the Leased Premises or the building of which it is a part, resulting from the type of merchandise, machinery or equipment sold or kept by Tenant in the Leased Premises or resulting from ▇▇▇▇▇▇’s use of the leased Premises, whether or not Landlord has consented to the same.
Appears in 1 contract
Sources: Lease Agreement (Radiation Therapy Services Holdings, Inc.)
Liability Insurance. (a) Tenant shall, during the entire term hereof, shall obtain and keep in full force and effect bodily injury (i) an “all risk” insurance policy for all improvements made by Tenant to the Premises (including, without limitation, Tenant’s Alterations), to the extent that such improvements are above “Premises standard” (examples of which are set forth in Article 9(a) hereof) and public Tenant’s property at the Premises, and (ii) a policy of commercial general liability and property damage insurance on an occurrence basis, with a broad form contractual liability endorsement. Such policies shall provide that Tenant is named as the insured. Landlord, Landlord’s managing agent, and any ground lessors and any mortgagees (whose names shall have been furnished to Tenant) shall be named as additional insured, as their respective interests may appear with respect to the insurance required to be carried pursuant to clause (i) above, and to the extent of the named insured’s negligence with respect to the insurance required to be carried pursuant to clause (ii) above. Such policy with respect to clause (ii) above shall include a provision under which the insurer agrees to indemnify and hold Landlord, Landlord’s managing agent, Landlord’s agent and such lessors and mortgagees harmless from and against, subject to the limits of liability set forth in this Article 13(a), all cost, expense and liability arising out of or based upon, any and all claims, accidents, injuries and damages mentioned in Article 38(c) hereof. In addition, the policy required to be carried pursuant to clause (ii) above shall contain a provision that (a) no act or omission of Tenant shall affect or limit the obligation of the insurer to pay the amount of any covered loss sustained, and (b) the policy shall provide that Landlord shall receive at least thirty (30) days’ written notice of any-cancellation thereof. The policy required pursuant to this Article 13 shall be for a combined single limit with respect to each occurrence in an amount of $3,000,000 for injury (or death) to personal and damage to property, which amount may be increased (not less more frequently than FIVE HUNDRED THOUSAND DOLLARS one ($500,0001) / ONE MILLION DOLLARS time in every three ($1,000,0003) per injury years) to that amount of insurance which in Landlord’s reasonable judgment is then being customarily required by prudent landlords of first class demised premises in New Haven County of tenants having substantially similar office or ancillary uses to those of Tenant. All insurance required to be carried by Tenant pursuant to the terms of this Lease shall be effected under valid and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); enforceable policies issued by reputable and worker’s compensation insurance independent insurers licensed to do business in the maximum amount permitted under Florida lawState of Connecticut, and rated in Best’s Insurance Guide, or any successor thereto (or if there be none, an organization having a national reputation) as having a general policy holder rating of “A” and a financial rating of at least “XIII”. No failure on Tenant’s part to maintain any of the insurance required pursuant to this Article 13 shall vitiate Tenant’s liability to indemnify Landlord may require and all other parties named herein as additional insureds from and against all claims, damages, loss, liability and expense which would otherwise have been covered by such insurance coverage coverage.
(b) On or prior to the Commencement Date, Tenant shall deliver to Landlord the appropriate certificates or insurance, (including evidence of waiver of subrogation required pursuant to Article 13(d) hereof required to be increased after the first five years carried by Tenant pursuant to this Article 13. Evidence of the term each renewal or replacement of this Lease, provided that such increase a policy shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated be delivered by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord at least twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement expiration of such insurance by policy.
(c) Tenant agrees that Landlord shall not relieve Tenant of its obligations under this Lease be obligated to maintain carry insurance coverage in the types and amounts herein specifiedon, and shall not be responsible for damage to any improvements made to the Premises (including without limitation, Alterations or Tenant’s personnel property at the Premises), and that Landlord shall not carry insurance against, or be responsible for any loss suffered by Tenant due to, interruption of Tenant’s business.
(d) The parties hereto shall nevertheless hold Landlord harmless procure an appropriate clause in, or endorsement on, any fire or extended coverage insurance covering the Premises and personal property, fixtures and equipment located thereon or therein, pursuant to which the insurance companies waive subrogation or consent to a waiver of right of recovery and having obtained such clauses or endorsements of waiver of subrogation or consent to a waiver of right of recovery, and each party on behalf of itself and all persons claiming under or through such party by subrogation or otherwise hereby releases the other party and agrees that it will not make any claim against or seek to recover from the other for any loss or damage incurred to its property or suffered the property of others resulting from fire or other hazards covered by such fire and extended coverage insurance, provided, however, that the release, discharge, exoneration and covenant not to s▇▇ herein contained shall be limited by and be coextensive with the terms and provisions of the waiver of subrogation clause or endorsements or clauses or endorsements consenting to a waiver of right of recovery. If the payment of an additional premium is required for the inclusion of such waiver of subrogation provision, each party shall advise the other of the amount of any such additional premiums and the other party at its own election may, but shall not be obligated to, pay the same. If such other party shall not elect to pay such additional premium, the first party shall not be required to obtain such waiver of subrogation provision. If either party shall be unable to obtain the inclusion of such clause even with the payment of an additional premium, then such party shall attempt to name the other party as an additional insured (but not a loss payee) under the policy.
(e) Landlord from Tenant’s failure represents to Tenant that during the Term, Landlord shall maintain such insurancecomprehensive property, casualty and liability insurance coverage for Corporate Campus 1 in amounts as required by its current mortgagee. Landlord further represents that said coverage will be in amounts no less than the coverage to be maintained pursuant to this Article 13.
Appears in 1 contract
Sources: Lease (Replidyne Inc)
Liability Insurance. Tenant shall, during the entire term hereof, LESSOR shall obtain and keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of during the term of this Lease, provided that Lease a policy or policies of public liability insurance covering all injuries occurring within the Building and the Premises. The policy or policies evidencing such increase insurance shall not cause the required limits provide for a combined coverage of coverage to exceed those then commonly prevailing bodily injury and property damage in the marketplace for similar situationsamount of not less than One Million Dollars ($1,000,000). The policy(s) shall name Landlord, any person, firms Such policy or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance policies shall be in issued by an insurance company licensed by to do business in the State of Florida California and in a copy form reasonably acceptable to COUNTY (provided, as set forth above, COUNTY hereby approves and shall approve the policies of liability insurance LESSOR carries for similar properties in its portfolio in Cypress, California). LESSOR shall provide the COUNTY with at least thirty (30) days prior written notice of any cancellation or reduction in the above coverage. Prior to the Commencement Date of this Lease and upon renewal of such policies, LESSOR shall submit to COUNTY suitable evidence that the foregoing policy or policies are in effect. Notwithstanding the foregoing, in the event of any claims made on such policy as a result of the policy acts or a certificate omissions of insurance the COUNTY, its agents, employees, contractors, invitees, or business licensees (including any persons using the services provided by the COUNTY at the Premises), COUNTY shall be delivered to Landlord prior to responsible (i) any such claims based on events that are not insured risks under such policies, (ii) the commencement deductible amounts under such policies, and (iii) any resulting increases in policy premiums. Notwithstanding the foregoing, COUNTY shall indemnify, protect, defend and hold harmless the Premises, LESSOR and its Lenders, co-managing directors, employees, agents, successors, assigns and constituent partners, and those partners’ respective partners, officers, directors, shareholders, agents, employees, successors and assigns, partners and Lenders, from and against any and all claims, liabilities, loss of rents and/or damages, costs, liens, judgments, penalties, permits, attorney’s and consultant’s fees, expenses and/or liabilities proximately caused by the conduct of COUNTY’s business, the occupancy of the term Premises by COUNTY, any act, omission or neglect (whether active or passive) of COUNTY, its agents, contractors, employees or invitees, and out of any default or breach by COUNTY in the performance in a timely manner of any obligation on COUNTY’s part to be performed under this Lease except for those claims, liabilities, loss of rents, and/or damages, costs liens, judgments, penalties, permits, attorney's and consultant's fees, expenses and/or liabilities proximately caused by LESSOR's default or breach of any obligation on LESSOR's part to be performed under this Lease, or any act, omission or neglect (whether active or passive) of LESSOR, its directors, employees, agents, contractors, invitees, successors and assigns. The foregoing indemnification obligations of COUNTY shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against LESSOR) litigated and/or reduced to judgment. In case any action or proceeding be brought against LESSOR by reason of any of the foregoing matters which qualifies for the indemnification of LESSOR by COUNTY, COUNTY upon notice from LESSOR shall defend the same at COUNTY’s expense by counsel reasonably satisfactory to LESSOR, and LESSOR shall cooperate with COUNTY in such defense. LESSOR need not have first paid any such claim in order to be so indemnified. COUNTY’s obligations under this Paragraph shall survive the expiration or earlier termination of this Lease. In no event Notwithstanding the foregoing, LESSOR shall indemnify, protect, defend and hold harmless the limits Premises, COUNTY and its elected officials, officers employees, agents, successors, and assigns, from and against any and all claims, liabilities, loss of said insurance policies rents and/or damages, costs, liens, judgments, penalties, permits, attorney's and consultant's fees, expenses and/or liabilities proximately caused by the conduct of LESSOR's business, any act, omission or neglect (whether active or passive) of LESSOR, its agents, contractors, employees or invitees, and out of any default or breach by LESSOR in the performance in a timely manner of any obligation on LESSOR's part to be considered as limiting the liability of Tenant performed under this Lease. In the event that Tenant shall fail to obtain Lease except for those claims, liabilities, loss of rents, and/or damages, costs, liens, judgments, penalties, permits, attorney's and consultant's fees, expenses and/or liabilities proximately caused by COUNTY's default or maintain in full force and effect breach of any insurance coverage required obligation on COUNTY's part to be obtained by Tenant performed under this Lease, Landlord may procure same from insurance carriers as Landlord may deem properor any act, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrieromission or neglect (whether active or passive) of COUNTY, its elected officials, officers, employees, agents , contractors, invitees, successors and assigns. The foregoing shall include, but not be limited to the defense or pursuit of any claim or any action or proceeding involved therein, and Tenant whether or not (in the case of claims made against COUNTY) litigated and/or reduced to judgment. In case any action or proceeding be brought against COUNTY by reason of any of the foregoing matters which qualifies for the indemnification of COUNTY by LESSOR, LESSOR upon notice from COUNTY shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended defend the same at LESSOR's expense by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable counsel reasonably satisfactory to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned therebyCOUNTY, and additionally, the procurement of county shall cooperate with LESSOR in such insurance by Landlord shall defense. COUNTY need not relieve Tenant of its have first paid any such claim in order to be so indemnified. LESSOR's obligations under this Lease to maintain insurance coverage in Paragraph shall survive the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss expiration or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceearlier termination of this Lease.
Appears in 1 contract
Sources: Lease
Liability Insurance. Tenant shallshall carry insurance, during issued by one or more insurance companies having a rating according to Best's Insurance Guide of A-/X or better, with the entire term hereoffollowing minimum coverages:
(a) Worker's Compensation: minimum statutory amount.
(b) Commercial General Liability Insurance, keep in full force including blanket, contractual liability, broad form property damage, personal injury, completed operations, products liability, and effect fire damage: Not less than $3,000,000 Combined Single Limit for both bodily injury and public property damage written on an occurrence basis (not a claims made basis).
(c) All Risk Coverage, Vandalism and Malicious Mischief, and Sprinkler Leakage insurance, if applicable, for the full cost of replacement of Tenant's personal property.
(d) Tenant will either obtain insurance or self insure for business interruption. Except as otherwise specifically provided herein, (including within such exception any rent abatement rights expressly provided for in this Lease),Tenant acknowledges that Landlord is released from any liability arising during the term of the Lease which would have been covered by business interruption insurance, if Tenant had carried such insurance. The insurance policies shall protect Tenant and Landlord as their interests may appear, naming Landlord and Landlord's managing agent and mortgagee (but only if Tenant has been provided with notice of the names and addresses of such parties) as additional insureds, and shall provide that they may not be canceled on less than thirty (30) days' prior written notice to Landlord. Tenant shall furnish Landlord with Certificates of Insurance evidencing all required coverages on or before the Commencement Date. If Tenant fails to carry such insurance and furnish Landlord with such Certificates of Insurance after a request to do so, Landlord may obtain such insurance and collect the cost thereof from Tenant. In addition to the insurance required by Section 8.02 above, Landlord shall carry workers compensation insurance in amounts required by Georgia law as well as commercial general liability insurance covering the Building and Common Areas in an amount the form required by Section 9.02(b) above and with combined single limits, for both bodily injury and property damage, of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident3,000,000, respectively; property damage such commercial general liability insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall written on an occurrence basis (and not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceclaims made basis).
Appears in 1 contract
Liability Insurance. Tenant shall, at its sole cost and expense shall maintain during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this LeaseLease public liability, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlordproperty damage and products and completed operations liability insurance, any personinsuring Tenant and Tenant's employees and authorized representatives against all bodily injury, firms or corporations designated by Landlordproperty damage, personal injury, and Tenant other loss or liability connected with Tenant's maintenance, occupation and use of the Premises under this Lease in amounts not less than $1,000,000.00 per occurrence, $2,000,000.00 annual aggregate bodily injury and property damage combined single limit as insured, a result of any accident or incident. Both public liability insurance and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The property damage insurance shall be in an insurance company licensed insure performance by the State of Florida and a copy Tenant of the policy or a certificate indemnity provision of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall sub-paragraph (e) below, but the limits of said such insurance policies be considered as limiting shall not, however, limit the liability of Tenant under this Leasehereunder. Both Landlord and Tenant shall be named as additional insureds, and the policies shall contain cross-liability endorsements. If Tenant shall fail to procure and maintain such insurance the Landlord may, but shall not be required to, procure and maintain same at the expense of Tenant and the cost thereof, together with interest thereon at the rate of ten (10%) percent per annum, shall become due and payable as additional rental to Landlord together with Tenant's next rental installment. Tenant shall deliver copies of said policies to Landlord within ten (10) days of their issuance, and shall not cancel or modify same without first providing thirty (30) days notice to Landlord. 7 In the event that Tenant shall fail to obtain Landlord determines, in Landlord's reasonable judgement, that the limits of public liability, property damage, or maintain in full force and effect any products liability insurance coverage required to be obtained then carried by Tenant under this Leaseare materially less than the amount or type of insurance typically carried by owners or tenants of properties located in the same county in which the Premises are located, which are similar to and operated for similar business purposes a the Premises, Landlord may procure same from insurance carriers as elect to require Tenant to increase the amount of specific coverage, change the type of policy carried, or both. If Landlord may deem properso elects, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand be notified in writing of the specific change in policy amount or type required and shall have 30 days after the date of Landlord's notice to effect the change in amount or type of policy. Unless otherwise agreed by Landlord and Tenant, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations adjustment under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancesection may be made not more than every year.
Appears in 1 contract
Sources: Commercial Lease (Easyriders Inc)