Common use of Loss or Damage and Insurance Clause in Contracts

Loss or Damage and Insurance. The Landlord shall not be liable for any damage to property in the Leased Space or on the Premises caused by gas, smoke, steam, electricity, ice, rain or snow which may leak from any part of the Building, or from pipes, appliances or plumbing works. Landlord shall not be liable for any damage or injury to person or property sustained by Tenant or others due to the happening of any accident on the Premises, or due to any negligence of any tenant or occupant of the Building, or any other person, other than Landlord or its agents. The Tenant agrees to indemnify and hold Landlord harmless from all claims for personal injuries, death and property damage which occur as a result of the operation of Tenant's office on the premises, or which result from any work done on the premises by Tenant or any contractor selected by or for Tenant. Tenant shall carry a minimum of $1,000,000.00 liability insurance policy covering Tenant's business operations on the premises and Landlord shall be named as an additional insured thereunder. Tenant shall also carry insurance for the full insurable value of Tenant's trade fixtures, furnishings and all other items of personal property of Tenant located on or within the Leased Space. All such insurance shall be obtained from a company with at least a Best "A" rating, and a certificate evidencing the issuance of such policy or policies, together with evidence of the payment of premiums, shall be delivered to Landlord before the commencement of the term of this lease, or before any use, occupancy or possession of the Leased Space prior to the commencement of the term of this Lease, whichever is sooner. Not less than thirty days prior to the expiration of any such policy or policies, evidenced of the renewal of such policy or policies, or a new certificate, together with evidence of the payment of premiums for the renewal period or new policy, as the case may be, shall be delivered to Landlord. All such insurance shall contain an agreement by the insurance company that the policy or policies will not be cancelled, or the coverage changed, without thirty day's prior written notice to Landlord.

Appears in 1 contract

Samples: Sublease Agreement (Extended Stay America Inc)

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Loss or Damage and Insurance. The Landlord Lessor shall not be liable for any damage to property in the Leased Space Premises or on or near the Premises Building caused by gas, smoke, steam, electricity, ice, rain rain, or snow which may leak from any part of the Building, or from pipes, appliances or plumbing works. Landlord The Lessor shall not be liable for any damage or injury to person persons or property sustained by Tenant Lessee or others due to the Building or any part thereof being out of repair or due to the happening of any accident on in or about the Premises, Building or due to any negligence of any tenant or occupant of the Building, or any other person, other than Landlord the Lessor or its agents. The Tenant agrees Notwithstanding the foregoing, the Lessor shall be liable for failure to indemnify and hold Landlord harmless from all claims for personal injuries, death and property damage which occur as a result make repair in the event Lessor has been notified of the operation need for repair or otherwise has knowledge of Tenantthe need of repair but has been negligently dilatory and without cause in its failure to make repair. Lessee shall indemnify, hold harmless and defend Lessor from and against any and all claims, actions, damages, liability and expense, including, but not limited to, attorney's office on and other professional fees, in connection with loss of life, personal injury and/or damage to property arising from or out of the premises, occupancy or which result from any work done on use by Lessee of the premises by Tenant Premises or any contractor selected by part thereof or for Tenant. Tenant shall carry a minimum of $1,000,000.00 liability insurance policy covering Tenant's business operations on the premises and Landlord shall be named as an additional insured thereunder. Tenant shall also carry insurance for the full insurable value of Tenant's trade fixtures, furnishings and all any other items of personal property of Tenant located on or within the Leased Space. All such insurance shall be obtained from a company with at least a Best "A" rating, and a certificate evidencing the issuance of such policy or policies, together with evidence part of the payment Building, occasioned wholly or in part by any act or omission of premiumsLessee, shall be delivered to Landlord before the commencement of the term of this leaseits officers, agents, contractors, employees or before any use, occupancy or possession of the Leased Space prior to the commencement of invitees. During the term of this Lease, whichever is sooner. Not less than thirty days prior Lessee will carry and maintain, at its expense (a) public liability insurance including, but not limited to, insurance against assumed or contractual liability under this Lease, with respect to the expiration Premises, to afford protection with limits which are reasonably acceptable to Lessor respect to property damage; (b) all-risks property and casualty insurance, written at replacement cost value and with replacement cost endorsement, covering all of any such policy Lessee's personal property in the premises (including, without limitation, inventory, trade fixtures, floor coverings, furniture and other property removable by Lessee under the provisions of this Lease) and all leasehold improvements installed in the Premises by or policieson behalf of Lessee; and (c) if and to the extent required by law, evidenced of worker's compensation or similar insurance in form and amounts required by law. If Lessee shall fail to perform its obligations to maintain the renewal of such policy or policiesrequired insurance, or a new certificate, together with evidence of Lessor may perform the payment of premiums for same and the renewal period or new policy, as the case may be, cost thereof shall be delivered to Landlord. All such insurance deemed additional rent and shall contain an agreement by the insurance company that the policy or policies will not be cancelled, or the coverage changed, without thirty daypayable upon Lessor's prior written notice to Landlorddemand.

Appears in 1 contract

Samples: Lease Agreement (Medcath Inc)

Loss or Damage and Insurance. The Landlord Lessor shall not be liable for any damage to property in the Leased Space premises or on or near the Premises premises caused by gas, smoke, steam, electricity, ice, rain rain, or snow which may leak from any part of the Buildingimprovements made by Lessee, or from pipes, appliances or plumbing worksexcept in the amount of any insurance proceeds available to the Lessor for such damage. Landlord The Lessor shall not be liable for any damage or injury to person persons or property sustained by Tenant the Lessee due to the improvements made by the Lessee or others any part thereof being out of repair, or due to the happening of any accident on in or about the Premises, building of which the premises are a part (the “Building”) or due to any negligence of any tenant other lessee or occupant of the BuildingPremises, other than for damages due to the neglect or misconduct of the Lessor or its officers, employees, contractors, invitees, and agents. Lessee shall indemnify, hold harmless and defend Lessor from and against any and all claims, actions, damages, liability and expense, including, but not limited to, attorney’s and other professional fees, in connection with loss of life, personal injury and/or damage to property arising from or out of the occupancy or use by Lessee of the premises or any part thereof or any other person, other than Landlord or its agents. The Tenant agrees to indemnify and hold Landlord harmless from all claims for personal injuries, death and property damage which occur as a result part of the operation building, occasioned wholly or in part by any act or omission of Tenant's office on Lessee, its officers, agents, contractors, employees or invitees. During the term of this Lease Agreement, Lessee will carry and maintain, at its expense (a) public liability insurance including, but not limited to, insurance against assumed or contractual liability under this Lease Agreement, with respect to the premises, or which result from any work done on to afford protection with limits, for each occurrence, of not less than Two Million Dollars ($2,000,000) with respect to personal injury and death, and One Million Dollars ($1,000,000), with respect to property damage and a deductible of not more than Fifty Thousand Dollars ($50,000); (b) all-risks property and casualty insurance, written at replacement cost value and with replacement cost endorsement, covering all of Lessee’s personal property in the premises (including, without limitation, inventory, trade fixtures, floor coverings, furniture and other property removable by Lessee under the provisions of this Lease Agreement) and all leasehold improvements installed in the premises by Tenant or any contractor selected on behalf of Lessee; and (c) if and to the extent required by law, Worker’s Compensation or for Tenantsimilar insurance in form and amounts required by law. Tenant If Lessee shall carry a minimum fail to perform its obligations to maintain the required insurance within thirty (30) days after receipt of $1,000,000.00 liability insurance policy covering Tenant's business operations on written notice thereof from the premises Lessor, Lessor may perform the same and Landlord the cost thereof shall be named as an deemed additional insured thereunder. Tenant rent and shall also carry insurance for the full insurable value of Tenant's trade fixtures, furnishings and all other items of personal property of Tenant located on or within the Leased Spacebe payable upon Lessor’s demand. All such insurance shall be obtained from a company with at least a Best "A" ratingname Lessor as an additional insured. Upon the written request of the Lessor, and a certificate evidencing the issuance of such policy or policies, together with evidence of the payment of premiums, shall be delivered to Landlord before the commencement of the term of this lease, or before any use, occupancy or possession of the Leased Space prior to the commencement of the term of this Lease, whichever is sooner. Not less than thirty days prior to the expiration of any such policy or policies, evidenced of the renewal of such policy or policies, or a new certificate, together with evidence of the payment of premiums for the renewal period or new policy, as the case may be, shall be delivered to LandlordLessor. All such insurance shall contain an agreement by the insurance company that the policy or policies will not be cancelledcanceled, or the coverage changed, without thirty day's ten days prior written notice to LandlordLessor.

Appears in 1 contract

Samples: Science Laboratory Lease Agreement (ArborGen Inc.)

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Loss or Damage and Insurance. The Landlord shall not be liable for any damage to property in the Leased Space or on the Premises caused by gas, smoke, steam, electricity, ice, rain or snow which may leak from any part of the Building, or from pipes, appliances or plumbing works. Landlord shall not be liable for any damage or injury to person or property sustained by Tenant or others due to the happening of any accident on the Premises, or due to any negligence of any tenant or occupant of the Building, or any other person, other than Landlord or its agents. The Tenant agrees to indemnify and hold Landlord harmless from all claims for personal injuries, death and property damage which occur as a result of the operation of Tenant's office on the premises, or which result from any work done on the premises by Tenant or any contractor selected by or for Tenant. Tenant shall carry a minimum of $1,000,000.00 liability insurance policy covering Tenant's business operations on the premises and Landlord shall be named as an additional insured thereunder. Tenant shall also carry insurance for the full insurable value of Tenant's trade fixtures, furnishings and all other items of personal property of Tenant located on or within the Leased Space. All such insurance shall be obtained from a company with at least a Best "A" rating, and a certificate evidencing the issuance of such policy or policies, together with evidence of the payment of premiums, shall be delivered to Landlord before the commencement of the term of this lease, or before any use, occupancy or possession of the Leased Space prior to the commencement of the term of this Lease, whichever is sooner. Not less than thirty days prior to the expiration of any such policy or policies, evidenced of the renewal of such policy or policies, or a new certificate, together with evidence of the payment of premiums for the renewal period or new policy, as the case may be, shall be delivered to Landlord. All such insurance shall contain an agreement by the insurance company that the policy or policies will not be cancelledcanceled, or the coverage changed, without thirty day's prior written notice to Landlord.

Appears in 1 contract

Samples: Lease Agreement (Extended Stay America Inc)

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