Common use of Tenant’s Insurance Clause in Contracts

Tenant’s Insurance. Tenant, at its own expense, shall maintain during the term of this Lease a policy or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premises. 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, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlord, and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition to the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty (30) days prior to the effective date of each renewal of said insurance. Tenant will not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demand.

Appears in 2 contracts

Samples: Commercial Lease Agreement (Mannatech Inc), Commercial Lease Agreement (Mannatech Inc)

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Tenant’s Insurance. Tenant, at its own expense, (a) Tenant shall maintain at all times during the term Term (i) “all risk” property insurance covering all present and future Tenant’s Property, Fixtures and Tenant’s Improvements and Betterments to a limit of this Lease a policy or policies of worker's compensation not less than the full replacement cost thereof, (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheldii) and commercial general liability insurance, including personal injury and property damage, with a contractual liability endorsement, and personal injury liability coverage, in the amount respect of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation conduct or upon the type operation of business conducted by Tenant therein, with Landlord and each Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $10,000,000 combined single limit for bodily injury and property damage liability in any one occurrence, and (iii) boiler and machinery insurance, if there is a boiler, supplementary air conditioner or pressure object or similar equipment in the Premises. Said policies , with Landlord and each Superior Lessor and Superior Mortgagee whose name and address shall (i) name Landlord have been furnished to Tenant, as an additional insured and insure Landlord's contingent liability under this Lease (except for the worker's compensation policyinsureds, which instead shall include waiver with limits of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlord, less than $10,000,000 and (iv) provide that said when Alterations are in process, the insurance specified in Section 5.02(f) hereof. The limits of such insurance shall not be cancelled unless thirty limit the liability of Tenant. Tenant shall deliver to Landlord and any other additional insureds, at least ten (3010) days prior written notice shall have been given to Landlord. In addition to the aboveCommencement Date, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or such fully paid-for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant upon commencement shall procure and pay for renewals of such insurance from time to time before the term of the Lease expiration thereof, and Tenant shall deliver to Landlord and any other additional insureds such renewal policy or a certificate thereof at least thirty (30) days before the expiration of any existing policy. All such policies shall be issued by companies of recognized responsibility approved to do business in New York State and rated by Best’s Insurance Reports or any successor publication of comparable standing as A-/VIII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least thirty (30) days’ prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Fixtures and Improvements and Betterments shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear and Tenant shall have the effective date right to receive the proceeds paid with respect to Tenant’s Property of each renewal any policy maintained by Tenant to provide insurance of said insuranceTenant’s Property. Tenant will not permit shall cooperate with Landlord in connection with the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost collection of any insurance on monies that may be due in the Premises or the Building is caused by Tenant's use event of the Premises, or because Tenant vacates the Premises, then loss and Tenant shall pay execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance monies. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 8.02 be increased, so that the amount thereof adequately protects Landlord’s interest but such increase shall not be in excess of that amount of insurance which in Landlord’s reasonable judgment is then being customarily required by prudent landlords of non-institutional first class office buildings in New York City. Any insurance policy with respect to Landlord upon demandthe insurance required to be maintained by Tenant hereunder may be carried under a blanket policy covering the Premises and other locations of Tenant, if any, provided that (x) the coverages and limits applicable to the Premises are separately stated in amounts not less than the amounts required hereunder and (y) the coverage afforded under such blanket policy allocable to the Premises shall not be less than the coverage which would have been afforded had such insurance not been covered under a blanket policy.

Appears in 2 contracts

Samples: Lease (Yext, Inc.), Lease (Yext, Inc.)

Tenant’s Insurance. Tenant, at its own expense, The Tenant shall maintain during the term of this Lease a policy Term (i) all risks insurance upon property owned by the Tenant or policies of worker's compensation for which it is liable (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheldincluding glass) and commercial which is located on the Premises including, without limitation, furniture fittings, installations, alterations, additions, partitions and fixtures or anything in the nature of a leasehold improvement made or installed by or on behalf of the Tenant in an amount equal to the full replacement cost thereof; (ii) comprehensive general liability insuranceinsurance against claims for death, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring damage in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premises. 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, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable amounts satisfactory from time to Landlord, and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition time to the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed Landlord acting reasonably but in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, any event in an amount not less than one hundred percent $5,000,000.00 per occurrence for personal injury and property damage; (100%iii) of tenant's legal liability insurance for limits satisfactory from time to time to the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism Landlord acting reasonably; (iv) Business interruption insurance; and Malicious Mischief(v) such other insurance as Landlord may from time to time require. Said Each such policy or policies or certificates thereof shall be delivered in form and with insurers acceptable to the Landlord. The insurance described in paragraphs (i) and (ii) above shall name the Landlord and anyone designated in writing by the Landlord as Mortgagee as additional insureds as their interests may appear. All property damage and public liability insurance shall contain a provision for cross-liability or severability of interest as between the Landlord and the Tenant. The Tenant upon commencement hereby releases the Landlord from any liability for loss to the extent of all insurance proceeds under policies of insurance carried by the term of Tenant or which would have been paid if the Lease and Tenant had maintained the insurance it is required to maintain under this Lease. Such policies shall contain an endorsement requiring the insurers under such policies to notify the Landlord in writing at least thirty (30) days prior to any material change or cancellation thereof. The Tenant shall furnish to the effective date Landlord certified copies of each renewal of said insurance. Tenant will not permit the Premises to be used all such policies for any purpose or in any manner that would (i) void the insurance thereonits acceptance, (ii) increase the insurance riskas aforesaid, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use and shall provide written evidence of the Premises continuation of such policies not less than ten days prior to their respective expiry dates. The cost or premium for each and every such policy shall be paid by the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammableTenant. If the Tenant fails to maintain such insurance, the Landlord shall have the right, but not the obligation or any increase in liability to do so, to pay the cost of any insurance on or premium therefor, and in such event the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay repay to the Landlord, as Additional Rent, forthwith on demand the amount of such increase to Landlord upon demandso paid.

Appears in 2 contracts

Samples: Lease (SMTC Corp), Of Agreement (SMTC Corp)

Tenant’s Insurance. Tenant, (a) All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and Landlord's lender and qualified to do business in the State and rated at its own expense, will or better in A.M. Best's Insurance Guide. Each policy shall maintain during the term of this Lease a policy or policies of worker's compensation (or its equivalent provided such is approved by name Landlord, such not to be unreasonably withheld) and commercial general liability insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in at Landlord's reasonable discretion based upon inflation or upon the type request any mortgagee of business conducted by Tenant in the PremisesLandlord, as an additional insured, as their respective interests may appear. Said policies Each policy shall contain (i) name Landlord as an additional insured and insure Landlord's contingent a cross-liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord)endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be issued on an occurrence (not claims made) basisprimary and non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (iii) be issued a waiver by an insurance company which is acceptable to the insurer of any right of subrogation against Landlord, its agents, employees and representatives, that arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (ivauthenticated by the insurer) provide that said or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall not be cancelled unless delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days prior after any demand by Landlord therefor. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable except after twenty (20) days written notice shall have been given to Landlord and Landlord's lender. In addition to the above, Tenant shall maintain insurance insuring the interest furnish Landlord with renewals or "binders" of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said any such policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty ten (3010) days prior to the effective date of each renewal of said insuranceexpiration thereof. Tenant will agrees that if Tenant does not permit the Premises to take out and maintain such insurance, Landlord may (but shall not be used for any purpose or in any manner that would (irequired to) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any procure said insurance on the Premises or the Building is caused by Tenant's use of behalf and charge the Tenant the premiums together with a twenty-five percent (25%) handling charge, payable upon demand. Tenant shall have the right to provide such insurance coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the Premises, or because Landlord, Landlord's mortgagee and Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandas required by this Lease.

Appears in 2 contracts

Samples: Office Suite Lease Agreement (High Desert Holding Corp.), Office Suite Lease Agreement (High Desert Holding Corp.)

Tenant’s Insurance. Tenant, Tenant shall procure at its own expense, shall maintain cost and expense and keep in effect during the term of this Lease a policy or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial Term broad form comprehensive general liability insurance, including personal injury including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and property damagespecific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with contractual a combined single limit of liability endorsement, in an amount equal to the amount set forth in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring Summary. Such coverage shall be in or about a comprehensive general liability form with at least the Premises and following endorsements to the Project; provided, extent such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premises. Said policies shall endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insureds, (iii) providing for blanket contractual coverage and broad form property damage coverage, (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured insured, shall be carried by companies licensed to do business in California and insure Landlordwhich have a general policy holders' rating of not less than "A" and a financial rating of not less than Class "X" as set forth in the most current issue of Best's contingent Insurance Guide", shall specifically include the liability under this Lease assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (except for or the worker's compensation policy, onset of which instead shall include waiver of subrogation endorsement occurred or arose) in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlordwhole or part during the policy period, and (iv) shall provide that said insurance shall not be cancelled unless Landlord will receive thirty (30) days prior days' written notice shall have been given from the insurer prior to Landlordany cancellation or change of coverage. In addition to the above, Tenant shall maintain deliver policies of such insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of on or before the term of the Lease Commencement Date, and thereafter at least thirty (30) days prior before the expiration dates of expiring policies; and in the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the effective date account of each renewal Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of said insurancebills therefore. Tenant will not permit the Premises to shall be used responsible, at its cost and expense, for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by separately insuring Tenant's use property. The amounts of the Premises, or because Tenant vacates the Premises, then Tenant such insurance shall pay be subject to adjustment from time to time as requested by Landlord based upon Landlord's determination of the amount of such increase to Landlord upon demand.insurance generally required for comparable tenants,

Appears in 2 contracts

Samples: Office Lease (Avantgo Inc), Office Lease (Avantgo Inc)

Tenant’s Insurance. Tenant, at its own expense, a. All insurance required to be carried by Tenant hereunder shall maintain during be issued by responsible insurance companies reasonably acceptable to Landlord and Landlord's lender and qualified to do business in the term of this Lease a State. Each policy or policies of worker's compensation (or its equivalent provided such is approved by shall name Landlord, such not to be unreasonably withheld) and commercial general liability insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in at Landlord's reasonable discretion based upon inflation or upon the type request any mortgagee of business conducted by Tenant in the PremisesLandlord, as an additional insured, as their respective interests may appear. Said policies Each policy shall contain (i) name Landlord as an additional insured and insure Landlord's contingent a cross-liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord)endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be issued on an occurrence (not claims made) basisprimary and non- contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (iii) be issued a waiver by an insurance company which is acceptable to the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (ivauthenticated by the insurer) provide that said or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall not be cancelled unless delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days prior after any demand by Landlord therefor. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancellable except after twenty (20) days written notice shall have been given to Landlord and Landlord's lender. In addition to the above, Tenant shall maintain insurance insuring the interest furnish Landlord with renewals or "binders" of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said any such policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty ten (3010) days prior to the effective date of each renewal of said insuranceexpiration thereof. Tenant will agrees that if Tenant does not permit the Premises to take out and maintain such insurance, Landlord may fifteen (15) days following notice (but shall not be used for any purpose or in any manner that would (irequired to) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any procure said insurance on the Premises or the Building is caused by Tenant's use of behalf and charge the Tenant the premiums. Tenant shall have the right to provide such insurance coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the Premises, or because Landlord, Landlord's mortgagee and Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandas required by this Lease.

Appears in 2 contracts

Samples: Dovebid Inc, Dovebid Inc

Tenant’s Insurance. Tenant, at its own expense, Tenant shall maintain in full force and effect during the term continuance of this Lease a policy or policies special form (formerly known as “all-risk”) property insurance insuring against all perils, including flood, on all of worker's compensation (or its equivalent provided such is approved by Landlordpersonal property, including removable trade fixtures, located in the Project and on all leasehold improvements within the Project to the extent of the replacement cost thereof, such not coverage to be unreasonably withheld) and for an amount sufficient to satisfy any co-insurance requirements, but not less than the full replacement cost of such insured items, with commercially reasonable deductibles. In addition, Tenant shall maintain commercial general liability insurance and excess liability (umbrella) insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premises. Said policies shall either (i) name Landlord as an additional insured and insure Landlord's contingent blanket contractual liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord), coverage or (ii) be issued on an contractual liability coverage specifically relating to the insurable provisions of this Lease, in either case with combined single limits of not less than $3,000,000 for primary and excess coverage combined with respect to bodily injury or death to any number of persons in any one accident or occurrence (not claims made) basis, (iii) and with respect to property damage in any one accident or occurrence and in the aggregate occurring in connection with Tenant’s use or occupancy of the Project and containing provisions for the severability of interests. Each of the insurance policies referred to in this Section shall be issued by an solvent insurance company which is acceptable carriers authorized to Landlorddo business in the State of Texas and having ratings of Best’s Insurance Guide, and (iv) A-/VIII and/or Standard & Poor Insurance Solvency Review A-, or better, provide that said insurance it shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition to the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and without at least thirty (30) days prior notice to Landlord and Tenant. In addition, each liability insurance policy referred to in this Section shall name Landlord as an additional insured. Each property insurance policy referred to in this Section shall contain waiver of subrogation provisions pursuant to which the effective date insurer waives all express and implied rights of each renewal subrogation against Landlord if required to make Tenant’s contractual waiver of said insuranceclaims and subrogation in Section 6.7 binding on Tenant’s insurer. Tenant will not permit the Premises to be used for any purpose or in any manner that would shall deliver certificates (i) void the insurance thereonAxxxx 27, (ii) increase the insurance risk28, or (iii29, as applicable) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandinsurance at the inception of this Lease and within twenty (20) days after any request therefor.

Appears in 2 contracts

Samples: Office Lease Agreement (Exterran Energy Solutions, L.P.), Office Lease Agreement (Exterran Holdings Inc.)

Tenant’s Insurance. Throughout the Term of this Lease, Tenant shall maintain ISO Special Form property insurance, including building and machinery comprehensive form, in an amount equal to 100% of the replacement value of Tenant’s trade fixtures, equipment, and other personal property located on the Premises together with such other insurance as may be reasonably required by Landlord’s lender or by any government agency. All proceeds of Tenant’s policy of property insurance shall be payable to Tenant, and all proceeds of policies of insurance procured by Landlord shall be payable to Landlord. Tenant hereby waives any right to recovery from Landlord and Landlord hereby waives any right of recovery from Tenant for any loss or damage (including consequential loss) resulting from any of the perils insured against in the special form property insurance policy with extended coverage endorsement. During the Term of this Lease, Tenant shall, at its own Tenant’s expense, shall maintain during the term of this Lease a policy or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence insurance against claims for personal injuries injury, death or deaths of persons property damage occurring in in, upon or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premises. 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, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlord, and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition to the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent $3,000,000 per occurrence and $3,000,000 annual aggregate (100%) with a separate general aggregate limit for the Premises), automobile liability insurance with a combined single limit or equivalent in an amount not less than $2,000,000, and workers’ compensation insurance as required by law. Tenant’s policies of liability insurance shall name Landlord as an additional insured, shall provide coverage for blanket contractual liability, premises, products/completed operations, and personal and advertising injury coverage. Tenant’s policies of insurance shall be primary and not contributory as to other insurance purchased by or available to Landlord, and shall have retentions or deductibles reasonably acceptable to Landlord. A certificate of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof insurance required to be carried by Tenant under this Article 13 shall be delivered to Landlord by Tenant upon commencement of prior to the term of the Lease Commencement Date and thereafter at least thirty (30) 30 days prior to the effective date of each renewal of said insurance. Tenant will not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use expiration of the Premises for then current policies. Upon the receiptwritten request of Landlord, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount copies of such increase policies shall also be delivered to Landlord upon demandLandlord. Each policy shall contain an endorsement prohibiting cancellation or non-renewal without at least 30 days prior notice to Landlord.

Appears in 2 contracts

Samples: Lease (Go Daddy Group, Inc.), Purchase and Sale Agreement (Go Daddy Group, Inc.)

Tenant’s Insurance. TenantAt all times during the Term, Tenant shall keep in force at its own expense, with insurance carrier(s) having an A.M. Best rating or its equivalent of A-VIII or better, the following: · Special Form Cause of Loss Policy insuring an amount equal to at least the 100% full replacement cost of Tenant’s betterments, improvements, fixtures, furniture, inventory, equipment (including HVAC systems servicing the Demised Premises) and all other items of personal property of Tenant whether or not located on or within the Demised Premises. The deductible shall maintain not exceed $1,000.00. · Commercial general liability insurance form insuring the Demised Premises, and any other portions of the Shopping Center used by Tenant, with limits no less than $1,000,000.00 per occurrence and $2,000,000.00 general aggregate with respect to bodily injury and property damage, including contractual liability, and $200,000.00 with respect to damage to property (fire legal liability). If Tenant sells alcoholic beverages for on-premises consumption, Tenant must have no less than $1,000,000.00 of liquor liability insurance. The aggregate limit may be satisfied through a combination of primary and umbrella/excess liability insurance. If Tenant has multiple locations, such insurance shall also provide that the general aggregate limits apply separately to each insured location. Tenant will name Landlord as “Additional Insured” and include (a) an endorsement to the effect that the insurer agrees to notify Landlord not less than thirty (30) days in advance of any modification or cancellation thereof; (b) an endorsement providing that such insurance affords Landlord primary insurance coverage and that any other insurance maintained by Landlord is excess and non contributory with the insurance required herein; and (3) a waiver of subrogation endorsement. Claims-made coverage and insurance policies containing self-insured retention(s) are NOT ACCEPTABLE. Tenant agrees that it will not keep, use, sell or offer for sale in or upon the Demised Premises any article which may be prohibited by the standard form of property insurance. Tenant agrees to pay, on ten (10) days written demand, and as Additional Rent, any increase in Landlord’s premiums for property and liability insurance, boiler and loss of rents that may be charged during the term of this Lease lease as a policy or policies result of worker's compensation (or its equivalent provided such is approved by actions. · Tenant shall require any contractor performing work on the Demised Premises to carry and maintain, at no expense to the Landlord, such not to be unreasonably withheld) and commercial : comprehensive general liability insurance, including personal injury and property damagecontractor's liability coverage, with contractual liability endorsementcoverage, in the amount of Five Hundred Thousand Dollars ($500,000.00) for broad form property damages damage endorsement and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; providedcontractor’s protective liability coverage, such providing protection with limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premises. 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, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlord, and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition to the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent $2,000,000.00 per occurrence; and workers compensation or similar insurance in amounts required by Governing Law. Tenant shall provide evidence of contractor’s coverage prior to any Tenant Work being performed in the Demised Premises to: axxxxxxx@xxxxxxxxxxxxxx.xxx · Tenant will furnish to Landlord copies of evidence of property coverage (100%Axxxx 28) and Certificate of Liability Insurance (Axxxx 25) evidencing coverages required by this Lease, and evidence of payment of the replacement cost thereof insuring against premiums therefore as Landlord may request. Evidence of coverage must be sent to: PXXXXXXXX@XXXXXXXXXXXX.XXX or to: Pxxxxxxx Xxxxxx Risk Management, a division of Nxxxx Lxxxxx, 4000 Xxxxx Xxxx, Suite 400, Cincinnati, Ohio 45209. Landlord shall have no obligation to deliver the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered Demised Premises to Landlord by Tenant upon commencement until it has received evidence of the term of the Lease and at least thirty (30) days prior to the effective date of each renewal of said insurance. Tenant will not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandcoverage required herein.

Appears in 2 contracts

Samples: Lease Agreement (La Rosa Holdings Corp.), Lease Agreement (La Rosa Holdings Corp.)

Tenant’s Insurance. Tenant shall save Landlord harmless and indemnified from and against all injury, loss, claim or damage to any person or property while (a) on the Premises or (b), if arising out of the use or occupancy of the Premises by Tenant or Tenant’s Agents, on Landlord’s Property (unless caused by the act, neglect or default of Landlord, its employees, agents, licensees or contractors), and from and against all injury, loss, claim or damage to any person or property anywhere on the Premises or Landlord’s Property occasioned by any act, neglect or default of Tenant or Tenant’s Agents. Tenant shall maintain with respect to the Premises and Landlord’s Property liability insurance equivalent to comprehensive general liability and property damage insurance including the broad form comprehensive general liability endorsement and a contractual liability coverage endorsement in amounts not less than $3,000,000.00 combined single limit and an annual aggregate of at least $5,000,000.00. Landlord shall have the right, from time to time, to increase said insurance amounts to amounts customarily required of tenants in comparable buildings in the greater Boston area. Such insurance shall insure Landlord and Landlord’s mortgagees as additional insureds (with respect to their respective interests in the Premises) as well as Tenant against injury to persons or damage to property as herein provided, and shall contain a provision that the Landlord and Landlord’s mortgagees, although named as additional insureds, shall nevertheless be entitled to recovery under said policy for any loss occasioned to them, their servants, agents and employees by reason of the negligence of the Tenant or Tenant’s Agents. Tenant shall maintain, at its own sole cost and expense, shall maintain during the term fire and extended coverage insurance for all of this Lease a policy or policies of worker's compensation (or its equivalent provided such is approved by Landlordcontents, such not to be unreasonably withheld) furniture, furnishings, equipment, improvements, funds, personal property, floor coverings and commercial general liability insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in fixtures located within or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premises. 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, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlord, and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition to the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, providing protection in an amount not less than one hundred percent equal to One Hundred (100%) percent of the replacement cost thereof insuring against insurable value of said items. All of Tenant’s insurance shall be with companies qualified to do business in Massachusetts, and shall be issued by insurance companies with a general policyholder’s rating of not less than A- and a financial rating of not less than Class X as rated in the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischiefmost current “Best’s” Insurance Reports. Said Such insurance may be maintained by Tenant under a blanket policy or policies so-called, provided the coverage afforded Landlord is not reduced or certificates thereof shall be delivered to Landlord diminished by Tenant upon commencement reason of the term use of such blanket insurance policy, and provided further that the Lease requirements set forth herein are otherwise satisfied. Tenant shall deposit with Landlord certificates of insurance that it is required to maintain under this Lease, at or prior to the Term Commencement Date, and at least thereafter, within thirty (30) days prior to the effective date expiration of each renewal of said insurancesuch policy. Such policies shall provide that the policies may not be changed or cancelled without at least thirty (30) days’ prior written notice to Landlord. Tenant will not permit covenants that in the event it violates Article 35 hereof or in the event it keeps upon the Premises to be used for or Landlord’s Property any purpose substance of dangerous, inflammable or in explosive character or makes any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for which increases the receipt, storage or handling rate of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the PremisesLandlord’s Property, or because Tenant vacates the Premises, then Tenant shall promptly pay the amount of such increase to Landlord upon demanddemand any such increase resulting therefrom, which shall be due and payable as additional rent hereunder.

Appears in 2 contracts

Samples: Third Amendment to Lease (Paratek Pharmaceuticals, Inc.), Third Amendment to Lease (Paratek Pharmaceuticals Inc)

Tenant’s Insurance. Tenant, Tenant will keep in force at its own expense, shall maintain during the term of so long as this Lease remains in effect, (a) public liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than One Million Dollars ($1,000,000), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant's personal property in the Premises and all of Tenant's Improvements as defined in Section 34 and installed in the Premises by or on behalf of Tenant, such insurance to provide for only a reasonable deductible, and (c) if, and to the extent, required by law, workmen's compensation or similar insurance offering statutory coverage and containing statutory limits. Such policies will be maintained in companies and in form reasonably acceptable to Landlord and will be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant will deposit the policy or policies of worker's compensation (such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its equivalent provided such is approved by designee and, at the request of Landlord, its mortgages, as additional named insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) day's written notice to Landlord or its designees. All such policies of insurance shall be unreasonably withheldeffective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a (i) and commercial comprehensive general liability insuranceinsurance policy, including personal injury and property damageincluding, with but not limited to, contractor's liability coverage, contractual liability endorsementcoverage, in the amount completed operations coverage, broad form property damage endorsement and contractor's protective liability coverage, to afford protection with limits per person and for each occurrence, of Five not less than Two Hundred Thousand Dollars ($500,000.00200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) for property damages workmen's compensation insurance or similar insurance in form and One Million Dollars ($1,000,000.00) per occurrence for personal injuries amounts as required by law. In the event of damage to or deaths destruction of persons occurring in or about the Premises and the Project; providedtermination of this Lease by Landlord pursuant to Section 17 herein, Tenant agrees that it will pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant. If Tenant fails to comply with its covenants made in this Section, if such limits insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be adjusted upward issued, and in such event Tenant agrees to pay promptly upon Landlord's reasonable discretion based upon inflation or upon demand, as Additional Rent the type of business conducted by Tenant in the Premises. Said policies shall (i) name Landlord as an additional insured and insure Landlord's contingent liability under this Lease (except premiums for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlord, and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition to the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty (30) days prior to the effective date of each renewal of said such insurance. Tenant will not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demand.

Appears in 2 contracts

Samples: Agreement of Lease (Digitalnet Holdings Inc), Agreement of Lease (Digitalnet Holdings Inc)

Tenant’s Insurance. Tenant, at its own expense, shall maintain during the term of this Lease a policy or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premises. 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, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlord, and (iv) provide that said insurance shall not be cancelled unless thirty sixty (3060) days prior written notice shall have been given to Landlord. In addition to the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive Tenant that Tenant is entitled to remove upon the termination of the Tenant Finish Workthis Lease, and covering all contents of the Premisespremises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty (30) days prior to the effective date of each renewal of said insurance. Tenant will not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's ' s use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord landlord upon demand.

Appears in 2 contracts

Samples: Commercial Lease Agreement (Mannatech Inc), Commercial Lease Agreement (Mannatech Inc)

Tenant’s Insurance. Tenant, at its own expense, shall maintain during Effective as of the term earlier of this Lease a policy (1) the date Tenant enters or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in occupies the Premises. Said policies shall , or (i2) name Landlord as an additional insured and insure Landlord's contingent liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to LandlordCommencement Date, and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition to continuing throughout the aboveTerm, Tenant shall maintain the following insurance policies: (A) commercial general liability insurance in amounts of $3,000,000 per occurrence or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including host liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord's property management company, Landlord's asset management company and, if requested in writing by Landlord, Landlord's Mortgagee, against all liability for injury to or death of a person or persons or damage to property arising from the interest use and occupancy of Tenant the Premises and covering all (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant's Off-Premises Equipment, (B) insurance covering the full value of all alterations and improvements and betterments in the Premises, naming Landlord and Landlord's Mortgagee as additional loss payees as their interests may appear, (C) insurance covering the full value of all furniture, trade fixtures and personal property and all partitions, fixtures, additions and other improvements that may have been constructed, erected (including property of Tenant or installed others) in or about the Premises or otherwise placed in the Project by or on behalf of a Tenant Party, (D) contractual liability insurance sufficient to cover Tenant's indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant's commercial general liability insurance policy), (E) worker's compensation insurance, and (F) business interruption insurance in an amount equal to Tenant's Base Rent and Additional Rent obligations under this Lease for nine (9) months. Tenant's insurance shall provide primary coverage to Landlord for the benefit of, or by or property that will inure to Landlord during the Term of this Lease and for Tenant, inclusive of third party liability exposures within the Tenant Finish Work, and covering all contents confines of the Premises, in an amount not less than one hundred percent (100%) . Tenant shall furnish to Landlord certificates of such insurance and such other evidence satisfactory to Landlord of the replacement cost thereof insuring against the perils maintenance of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and all insurance coverages required hereunder at least thirty (30) ten days prior to the effective earlier of the Commencement Date or the date of Tenant enters or occupies the Premises, and at least 15 days prior to each renewal of said insurance. , and Tenant will not permit shall obtain a written obligation on the Premises part of each insurance company to be used for any purpose notify Landlord at least 30 days before cancellation or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance a material change of any sprinkler creditssuch insurance policies. All such insurance policies shall be in form, including without limitationand issued by companies with an A.M. Best rating of A:VII or better, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammablereasonably satisfactory to Landlord. If Tenant fails to comply with the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any increase in the cost of any other remedy available pursuant to this Lease or otherwise, may, but shall not be obligated to, obtain such insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then and Tenant shall pay to Landlord on demand the amount premium costs thereof, plus an administrative fee of 5% of such increase to Landlord upon demandcost.

Appears in 2 contracts

Samples: Lease Agreement (Airvana Inc), Lease Agreement (Airvana Inc)

Tenant’s Insurance. TenantTenant shall, at its own Tenant's expense, shall maintain obtain and keep in force during the term of this Lease Lease, a policy or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insuranceinsurance policy insuring Tenant and protecting Landlord and the Landlord Entities against any liability to the public or to any invitee of Tenant or a Landlord Entity against the risks of, including personal bodily injury and property damage, with personal injury, contractual liability, completed operations, host liquor liability, owned and non-owned automobile liability endorsementarising out of the ownership, use, occupancy or maintenance of the Leased Premises and all areas appurtenant thereto. Such insurance shall be a combined single limit policy in the an amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence with a TWO MILLION DOLLAR ($2,000,000.00) annual aggregate. Landlord, the Landlord Entities and any lender and any other party in interest designated by Landlord shall be named as additional insured(s). The policy shall contain cross liability endorsements with coverage for personal injuries or deaths Landlord for the negligence of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premises. Said policies shall (i) name even though Landlord is named as an additional insured; shall insure performance by Tenant of the indemnity provisions of this Lease; shall be primary, not contributing with, and not in excess of coverage which Landlord may carry; shall provide for severability of interest; shall provide that an act or omission of one of the insured or additional insureds which would void or otherwise reduce coverage shall not void or reduce coverages as to the other insured or additional insureds; and insure Landlord's contingent liability under shall afford coverage after the term of this Lease (except by separate policy or extension if necessary) for all claims based on acts, omissions, injury or damage which occurred or arose (or the worker's compensation policy, onset of which instead shall include waiver occurred or arose) in whole or in part during the term of subrogation endorsement in favor this Lease. The limits of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlord, and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition to the above, Tenant shall maintain insurance insuring the interest limit any liability of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty (30) days prior to the effective date of each renewal of said insurance. Tenant will not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandhereunder.

Appears in 2 contracts

Samples: Office Lease (Kronos Bio, Inc.), Office Lease (Kronos Bio, Inc.)

Tenant’s Insurance. Tenant, at its own expense, shall maintain during the term of this Lease obtain and keep in full force and effect a policy or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insuranceinsurance under which Tenant is named as the insured and Landlord, including personal injury Landlord’s managing agent for the Building, Landlord’s asset manager and property damageany Superior Lessors and any Mortgagees (whose names shall have been furnished to Tenant) are named as additional insureds, with which insurance shall provide primary coverage without contribution from any other insurance carried by or for the benefit of Landlord, Landlord’s managing agent or any Superior Lessors or Mortgagees named as additional insureds and such coverage shall include without limitation broad-form contractual liability endorsement, coverage to insure its indemnity obligations set forth in Article 28 hereof. Tenant’s primary commercial general liability policy shall contain a provision that the amount of Five Hundred Thousand Dollars policy shall be noncancellable unless twenty ($500,000.0020) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premises. 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, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlord, and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior days’ written notice shall have been given to LandlordLandlord and Landlord shall similarly receive twenty (20) days’ notice of any material change in coverage or non-renewal upon expiration. In addition to the above, Tenant shall maintain commercial general liability insurance insuring the interest of Tenant and covering all of Tenant's claims for bodily injury, death or property and all partitionsdamage occurring upon, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises Real Property, having a minimum combined single limit in an amount of not less than $2,000,000.00. Notwithstanding the foregoing however, that Landlord shall retain the right to require Tenant to increase said coverage to that amount of insurance which in Landlord’s reasonable judgment is then being customarily required by prudent landlords of comparable buildings in the City of Chicago, and provided further that Landlord shall require similar increases of other tenants of space in the Building comparable to the Premises. The foregoing policies of insurance if provided on a blanket policy with respect to more than the Real Property shall apply to each location as though each had its own separate policies. Tenant shall also obtain and keep in full force and effect during the Term, (a) insurance against loss or damage by fire, and such other risks and hazards as are insurable under then available standard forms of “all risk property” insurance policies, to Tenant’s Property and Tenant’s Alterations for the benefit offull insurable value thereof or on a replacement cost basis; (b) Workers’ Compensation Insurance, or as required by or for Tenant, inclusive of the Tenant Finish Work, law and covering all contents of the Premises, Employer’s Liability Insurance; (c) Business Interruption Insurance in an amount not less than one hundred percent twelve (100%12) months of annual Rent under this Agreement; and (d) such other insurance in such amounts as Landlord, any Mortgagee and/or Superior Lessor may reasonably require from time to time. All insurance required to be carried by Tenant pursuant to the replacement cost thereof insuring against the perils terms of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof this Lease shall be delivered effected under valid and enforceable policies issued by reputable and independent insurers permitted to Landlord by Tenant upon commencement do business in the State of the term Illinois, 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 Best’s Rating” of the Lease “A-” and a “Financial Size Category” of at least thirty (30) days prior to “XI” or if such ratings are not then in effect, the effective date of each renewal of said insurance. Tenant will not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandequivalent thereof.

Appears in 2 contracts

Samples: Agreement of Lease (Groupon, Inc.), Agreement of Lease (Groupon, Inc.)

Tenant’s Insurance. TenantTenant shall, at its own Tenant’s expense, shall maintain obtain and keep in force during the term of this Lease Lease, a policy or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insuranceinsurance policy, including personal written on an occurrence basis, insuring Tenant and protecting Landlord and the Landlord Entities against any liability to the public or to any invitee of Tenant or a Landlord Entity against the risks of, bodily injury and property damage, with personal injury, contractual liability, completed operations, products liability, owned and non-owned automobile liability endorsementarising out of the use, occupancy or maintenance of the Leased Premises and all areas appurtenant thereto. Such insurance shall be a combined single limit policy in the an amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence with a TWO MILLION DOLLARS ($2,000,000.00) annual aggregate. Landlord, the Landlord Entities and any lender and any other party in interest designated by Landlord shall be named as additional insured(s). The policy shall contain cross liability endorsements with coverage for personal injuries or deaths Landlord for the negligence of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premises. Said policies shall (i) name even though Landlord is named as an additional insured and insured; shall insure Landlord's contingent liability under performance by Tenant of the indemnity provisions of this Lease (except for the worker's compensation policysubject to standard policy exceptions and exclusions); shall be primary, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlordcontributing with, and (iv) not in excess of coverage which Landlord may carry; shall provide for severability of interest; shall provide that an act or omission of one of the insured or additional insureds which would void or otherwise reduce coverage shall not void or reduce coverages as to the other insured or additional insureds. The limits of said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to limit any liability of Tenant hereunder. Not more frequently than every year, if, in the reasonable opinion of Landlord. In addition to , the aboveamount of liability insurance required hereunder is not adequate, Tenant shall maintain promptly increase said insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or coverage as reasonably required by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty (30) days prior to the effective date of each renewal of said insurance. Tenant will not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandLandlord.

Appears in 2 contracts

Samples: Office Lease (Tobira Therapeutics, Inc.), Office Lease (Tobira Therapeutics, Inc.)

Tenant’s Insurance. Tenant, Tenant shall procure at its own expense, shall maintain cost and expense and keep in effect during the term of this Lease a policy or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial Term broad form comprehensive general liability insurance, including personal injury including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and property damagespecific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with contractual a combined single limit of liability endorsement, in an amount equal to the amount set forth in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring Summary. Such coverage shall be in or about a comprehensive general liability form with at least the Premises and following endorsements to the Project; provided, extent such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premises. Said policies shall endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insureds, (iii) providing for blanket contractual coverage and broad form property damage coverage, (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured insured, shall be carried by companies licensed to do business in California and insure Landlordwhich have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's contingent Insurance Guide", shall specifically include the liability under this Lease assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (except for or the worker's compensation policy, onset of which instead shall include waiver of subrogation endorsement occurred or arose) in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlordwhole or part during the policy period, and (iv) shall provide that said insurance shall not be cancelled unless Landlord will receive thirty (30) days prior days' written notice shall have been given from the insurer prior to Landlordany cancellation or change of coverage. In addition to the above, Tenant shall maintain deliver policies of such insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of on or before the term of the Lease Commencement Date, and thereafter at least thirty (30) days prior before the expiration dates of expiring policies; and in the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the effective date account of each renewal Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of said insurancebills therefore. Tenant will not permit the Premises to shall be used responsible, at its cost and expense, for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by separately insuring Tenant's use property. The amounts of the Premises, or because Tenant vacates the Premises, then Tenant such insurance shall pay be subject to adjustment from time to time as requested by Landlord based upon Landlord's determination of the amount of such increase to Landlord upon demandinsurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender with an interest in the Building.

Appears in 2 contracts

Samples: Lease (Avantgo Inc), Lease (Avantgo Inc)

Tenant’s Insurance. Tenant, at its own expense, a. All insurance required to be carried by Tenant hereunder shall maintain during be issued by responsible insurance companies acceptable to Landlord and Landlord’s lender and qualified to do business in the term of this Lease a State. Each policy or policies of worker's compensation (or its equivalent provided such is approved by shall name Landlord, such not to be unreasonably withheld) and commercial general liability insuranceat Landlord’s request any mortgagee of Landlord, including personal injury and property damageas an additional insured, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits as their respective interests may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premisesappear. Said policies Each policy shall contain (i) name Landlord as an additional insured and insure Landlord's contingent a cross-liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord)endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be issued on an occurrence (not claims made) basisprimary and non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (iii) be issued a waiver by an insurance company which is acceptable to the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (ivauthenticated by the insurer) provide that said or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall not be cancelled unless delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days prior after any demand by Landlord therefor. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable except after twenty (20) days written notice shall have been given to Landlord and Landlord’s lender. In addition to the above, Tenant shall maintain insurance insuring the interest furnish Landlord with renewals or “binders” of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said any such policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty ten (3010) days prior to the effective date of each renewal of said insuranceexpiration thereof. Tenant will agrees that if Tenant does not permit the Premises to take out and maintain such insurance, Landlord may (but shall not be used for any purpose or in any manner that would (irequired to) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any procure said insurance on Tenant’s behalf and charge the Premises or Tenant the Building is caused premiums together with a twenty-five percent (25%) handling charge, payable upon demand. Tenant shall have the right to provide such insurance coverage pursuant to blanket policies obtained by the Tenant's use of , provided such blanket policies expressly afford coverage to the Premises, or because Landlord, Landlord’s mortgagee and Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandas required by this Lease.

Appears in 2 contracts

Samples: Office Building Lease (Pacific Coast National Bancorp), Office Building Lease (1st Centennial Bancorp)

Tenant’s Insurance. Tenant, Tenant shall keep in force at its own expense, shall maintain during the term of so long as this Lease a policy or policies of worker's compensation remains in effect, (or its equivalent provided such is approved by Landlord, such not to be unreasonably withhelda) and commercial general liability insurance, including personal insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with contractual liability replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of Five Hundred Thousand Dollars earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve ($500,000.0012) for property damages months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premises). Said Such policies shall (i) be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as an additional insured and insure Landlord's contingent liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlord, and (iv) provide also contain a provision stating that said insurance such policy or policies shall not be cancelled unless canceled except after thirty (30) days prior days’ written notice to Landlord or its designees. All such policies of insurance shall have been given to Landlordbe effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the aboveforegoing insurance coverage, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about require any contractor retained by it to perform work on the Premises or for the benefit ofto carry and maintain, or by or for Tenantat no expense to Landlord, inclusive of the Tenant Finish Work, and covering all contents of during such times as contractor is working in the Premises, in an amount a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than one hundred percent Two Hundred Thousand Dollars (100%) of the replacement cost thereof insuring against the perils of Fire$200,000.00), Lightningcombined single limit, Extended Coveragewith respect to personal injury and death and property damage, Vandalism such insurance to provide for no deductible, and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty (30) days prior to the effective date of each renewal of said insurance. Tenant will not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase workmen’s compensation insurance or similar insurance in form and amounts as required by law. In the insurance risk, event of damage to or (iii) cause the disallowance of any sprinkler credits, including without limitation, use destruction of the Premises for and the receipttermination of this Lease by Landlord pursuant to Section 18 herein, storage Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or handling on behalf of any productTenant whether pursuant to the terms of Section 35, material Section 10, or merchandise that is explosive or highly inflammableotherwise. If any increase Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of premiums for such increase to Landlord upon demandinsurance.

Appears in 2 contracts

Samples: Agreement of Lease (Spectranetics Corp), Agreement of Lease (Spectranetics Corp)

Tenant’s Insurance. Tenant shall carry such insurance against loss of its property, including Tenant Improvements and Betterments (such as floor coverings, wall coverings trade fixtures) in, on or about the Building and Premises by fire and such other risks as are covered by so-called all risk and extended coverage property insurance or other hazards in an amount equal to or greater than the replacement costs thereof. Such policy shall be endorsed to name the Landlord shown as a loss payee with respect to the Tenant Improvements stated above on any and all insurance policies. A copy of such endorsement shall be provided to the Landlord upon written request. Landlord shall not be liable for any damage to Tenant’s property in, at its own expenseon or about the Building and Premises caused by fire or other insurable hazards regardless of the nature or cause of such fire or other casualty, and regardless of whether any negligence of Landlord or Landlord’s employees or agents contributed thereto. Tenant expressly releases Landlord of and from all liability for any such damage. Tenant insurance policy or policies shall include a waiver of subrogation recognizing this release from liability. Tenant agrees to procure and maintain during the term of this Lease Term a policy or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insurance, including personal injury product and/or completed operations liability and property damage, with contractual liability endorsementcoverage, written by an insurance company or companies insuring Tenant against any and all losses, claims, demands or actions for injury to or death of any one or more persons and for damage to property in any one occurrence in the amount Building and Premises to the limit of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars not less than one million dollars ($1,000,000.00) per occurrence for personal injuries injury to one person, not less than two million dollars ($2,000,000.00) for each such occurrence, and not less than one hundred thousand dollars ($100,000.00) for damage to property, or deaths such other coverage limits as Landlord may, from time to time, deem reasonably necessary and in accordance with customary practices with regard to such insurable risks. Tenant shall furnish to Landlord certificates evidencing the continuous existence of persons occurring in or about the Premises and the Project; providedsuch insurance coverage, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premises. Said policies shall (i) which must also name Landlord as an additional insured and insure be endorsed to be primary and non-contributory with respect to any insurance maintained by the Landlord's contingent liability under . All insurance companies must be licensed to do business in Ohio. Certificates of insurance will be provided at the time this Lease (except for the worker's compensation policyis executed. Policies of insurance are to be endorsed to notify Landlord of any reduction, which instead shall include waiver cancellation or termination of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlord, policy and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition to the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty (30) days prior to the effective date of each renewal of said insurancecancellation or termination, except for non-payment for which ten (10) days-notice shall be provided. Tenant will not permit agrees to provide and keep in force at all times worker’s compensation insurance complying with the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use law of the Premises for the receiptState of Ohio and Employers Liability shall also be obtained, storage with limits of not less than $1,000,000 per occurrence, accident or handling employee. Tenant agrees to defend, indemnify and hold harmless Landlord from any and all actions or claims of Tenant’s employees or employee’s family members. Tenant agrees to provide a certificate as evidence of proof of worker’s compensation coverage. With respect to any productalterations or improvements by Tenant, material or merchandise that is explosive or highly inflammableTenant shall maintain contingent liability and builder’s risk coverage naming Landlord as an additional named insured. If Tenant hires contractors to do any increase in the cost of any insurance improvements on the Premises Building or the Building is caused by Tenant's use of the Premises, or because Tenant vacates each contractor must provide a Certificate of Insurance naming the Premises, then Tenant shall pay the amount Landlord as additional insured and including proof of such increase worker’s compensation coverage on its employees and agents to Landlord upon demandLandlord.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Tenant’s Insurance. Tenant, at its own expense, shall Tenant will maintain during the term of this Lease a following policy or policies of worker's compensation insurance, at its expense, insuring Tenant and naming Landlord as an additional insured: (or i) special form (formerly known as all risk) property insurance on all of its equivalent provided personal property, including removable trade fixtures and leasehold and tenant improvements, and Tenant’s Property located in the Leased Premises and in such is approved by Landlord, such not additional amounts as are required to be unreasonably withheldmeet Tenant’s obligations hereunder and with deductibles in an amount for the full replacement cost thereof; and (ii) and commercial general liability insuranceinsurance (including endorsement or separate policy for owned or non-owned automobile liability) with respect to its activities in the Building and on the Property, including personal injury and with the premiums thereon fully paid on or before the due date, in an amount of not less than $2,000,000 per occurrence per person coverage for bodily injury, property damage, with contractual liability endorsementpersonal injury or combination thereof (the term “personal injury” as used herein means, in the amount of Five Hundred Thousand Dollars (without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and slander), provided that if only single limit coverage is available it shall be for at least $500,000.00) for property damages and One Million Dollars ($1,000,000.00) 2,000,000 per occurrence for personal injuries or deaths with an umbrella policy of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premisesat least $5,000,000 combined single limit per occurrence. Said Tenant’s insurance policies shall (i) name Landlord as an additional insured and insure Landlord's contingent liability under this Lease (except shall include coverage for the worker's compensation policy, which instead shall include waiver contractual liability of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable Tenant to Landlord, indemnify Landlord hereunder and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given deductibles in an amount reasonably satisfactory to Landlord. In addition Prior to the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents ’s taking possession of the Premises, in an amount not less than one hundred percent (100%) Tenant shall furnish evidence satisfactory to Landlord of the replacement cost thereof insuring against the perils maintenance and timely renewal of Firesuch insurance, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof Tenant shall be delivered obtain and deliver to Landlord by Tenant upon commencement a written obligation on the part of the term of the Lease and each insurer to notify Landlord at least thirty (30) days prior to the effective modification, cancellation or expiration of such insurance policies. In the event Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at least thirty (30) days prior to the expiration date of each renewal expiring policy, Landlord may obtain such insurance as Landlord may reasonably require to protect Landlord’s interest (which obtaining of said insurance. Tenant will insurance shall not permit the Premises be deemed to be used for any purpose or a waiver of Tenant’s default hereunder). The cost to Landlord of obtaining such policies, plus an administrative fee in any manner that would the amount of fifteen percent (i15%) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused such policies shall be paid by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord as Additional Rent upon demand.

Appears in 2 contracts

Samples: Office Lease Agreement (Great White Energy Services, Inc.), Office Lease Agreement (Diamondback Energy Services, Inc.)

Tenant’s Insurance. Tenant, at its own expense, shall maintain during Effective as of the term earlier of this Lease a policy (1) the date Tenant enters or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in occupies the Premises. Said policies shall , or (i2) name Landlord as an additional insured and insure Landlord's contingent liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to LandlordCommencement Date, and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition to continuing throughout the aboveTerm, Tenant shall maintain the following insurance policies: (A) commercial general liability insurance (including property damage, bodily injury and personal injury coverage) in amounts of $1,000,000 per occurrence in primary coverage, with an additional $10,000,000 in umbrella coverage or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require so long as such additional amounts are typical for comparably sized commercial office tenants in comparable buildings in the submarket in which the Project is located (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor host liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant (and naming as additional insureds Landlord, Landlord’s property management company, Landlord’s asset management company and, if requested in writing by Landlord, Landlord’s Mortgagee), against all liability for injury to or death of a person or persons or damage to property arising from the interest use and occupancy of Tenant the Premises and covering all (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant's property ’s Off-Premises Equipment, (B) cause of loss-special risk form (formerly “all-risk”) insurance (including, but not limited to, sprinkler leakage, ordinance and law, sewer back-up and flood) covering the replacement value of all partitionsalterations and improvements and betterments in the Premises, naming Landlord and Landlord’s Mortgagee as additional loss payees as their interests may appear, (C) cause of loss-special risk form (formerly “all-risk”) insurance covering the full value of all furniture, trade fixtures, additions equipment and other improvements that may have been constructed, erected or installed personal property in or about the Premises or for otherwise placed in the benefit of, or Project by or on behalf of a Tenant Party (including Tenant’s Off-Premises Equipment), (D) contractual liability insurance (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy), (E) commercial auto liability insurance (if applicable) covering automobiles owned, hired or used by Tenant in carrying on its business with limits not less than $1,000,000 combined single limit for Tenanteach accident, inclusive of the insuring Tenant Finish Work(and naming as additional insureds Landlord, Landlord’s property management company, Landlord’s asset management company and, if requested in writing by Landlord, Landlord’s Mortgagee), (F) worker’s compensation insurance and employer’s liability insurance with statutory limits, and covering all contents of (G) extra expense insurance attributable to the Premises, Premises in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief$2,500,000. Said policy or policies or certificates thereof Tenant’s insurance shall be delivered primary and non-contributory when any policy issued to Landlord by provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. Tenant upon commencement shall furnish to Landlord certificates of the term of the Lease and such insurance at least thirty (30) five business days prior to the earlier of the Commencement Date or the date Tenant enters or occupies the Premises (in any event, within ten days of the effective date of coverage), and on or prior to each renewal of said insurance. insurance without any lapse in coverage, and Tenant will not permit the Premises shall notify Landlord within four business days of Tenant’s receipt of notice of cancellation if any such insurance policy is to be used for any purpose cancelled before the expiration date hereof. All such insurance policies shall be in form reasonably satisfactory to Landlord and issued by companies with an A.M. Best rating of A-:VII or in any manner that would (i) void the insurance thereonbetter. However, (ii) increase the insurance risk, no review or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost approval of any insurance on certificate or policy by Landlord shall derogate from or diminish Landlord’s rights or Tenant’s obligations hereunder. If Tenant fails to comply with the Premises foregoing insurance requirements or to deliver to Landlord the Building is caused by Tenant's use certificates or evidence of coverage required herein within five business days from written notice from Landlord (which notice shall not be given until such time as the Premisesrequired insurance herein must be maintained), Landlord, in addition to any other remedy available pursuant to this Lease or because Tenant vacates the Premisesotherwise, then may, but shall not be obligated to, obtain such insurance and Tenant shall pay to Landlord on demand the amount premium costs thereof, plus an administrative fee of 5% of such increase cost. Any insurance required to Landlord upon demandbe maintained by Tenant may be taken out under a corporate blanket insurance policy or policies covering other premises, property or insureds in addition to the Premises and Tenant, provided the commercial general liability and umbrella coverages are on a per location aggregate basis (or contain a per location aggregate endorsement) and such blanket policy or policies otherwise comply with this Section 11.1.

Appears in 2 contracts

Samples: Lease Agreement (Ciena Corp), Lease Agreement (Ciena Corp)

Tenant’s Insurance. TenantTenant shall, at its own expensecost, shall maintain at all times during the term of this Lease a policy or policies of workerTerm, procure and maintain workmen's compensation insurance in the maximum statutory amount and Employers Liability insurance in the amount of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (or its equivalent provided such is approved by Landlordcommonly known as "all risk") for the full replacement cost of Tenant's Property and the contents of the Premises including damage due to water leakage, such not in an amount equal to be unreasonably withheld) their full replacement cost, and commercial general liability insurance, including coverage for bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damagedamage for products and completed operations. All such insurance shall be procured from a responsible insurance company or companies authorized to do business in the State where the Premises are located, with contractual liability endorsement, general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the amount of Five Hundred Thousand Dollars most current available Best's Insurance Reports, and shall be otherwise satisfactory to Landlord. All such policies ($500,000.00except workmen's compensation) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premises. Said policies shall (i) name Landlord and Building Manager as an additional insured and insure Landlord's contingent liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlordinsureds, and (iv) shall provide that said insurance shall they cannot be cancelled unless thirty (30) canceled or altered except upon 30 days prior written notice shall have been given to Landlord. In addition All insurance maintained by Tenant shall be primary to the aboveany insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall maintain insurance insuring provide continuous liability coverage for claims arising during the interest entire Lease Term, regardless of Tenant and covering all of Tenant's property and all partitionswhen the claims are made, fixtures, additions and other improvements that may have been constructed, erected either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or installed in or about the Premises or not renewed for the benefit of, any reason whatsoever or by obtaining new coverage with a retroactive date the same as or for Tenant, inclusive earlier than the expiration date of the canceled or expired policy. Tenant Finish Workshall provide certificate(s), and covering all contents if requested copies of the Premisespolicies, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered such insurance to Landlord by Tenant upon commencement of the term of the Lease Term and at least thirty (30) 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the effective date other requirements herein. The limits of each renewal of said insurance. Tenant will not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use insurance shall not, under any circumstances, limit the liability of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandunder this Lease.

Appears in 2 contracts

Samples: Office Lease (Esoft Inc), Office Lease (Lightbridge Inc)

Tenant’s Insurance. Tenant, at its own expense, shall maintain during Effective as of the term earlier of this Lease a policy (1) the date Tenant enters or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in occupies the Premises. Said policies shall , or (i2) name Landlord as an additional insured and insure Landlord's contingent liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to LandlordCommencement Date, and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition to continuing throughout the aboveTerm, Tenant shall maintain the following insurance policies: (A) commercial general liability insurance in amounts of $3,000,000 per occurrence or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord's property management company, Landlord's asset management company and, if requested in writing by Landlord, Landlord's Mortgagee, against all liability for injury to or death of a person or persons or damage to property arising from the interest use and occupancy of Tenant the Premises and covering all (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant's Off-Premises Equipment, (B) insurance covering the full value of all alterations and improvements and betterments in the Premises (excluding the Building Structure and Building's Systems), naming Landlord and Landlord's Mortgagee as additional loss payees as their interests may appear, (C) insurance covering the full value of all furniture, trade fixtures and personal property (including the Existing FF&E and all partitions, fixtures, additions and other improvements that may have been constructed, erected property of Tenant or installed others) in or about the Premises or for otherwise placed in the benefit of, or Project by or for on behalf of a Tenant Party (including Tenant's Off-Premises Equipment), inclusive of the Tenant Finish Work(D) contractual liability insurance sufficient to cover Tenant's indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant's commercial general liability insurance policy), (E) worker's compensation insurance, and covering all contents of the Premises, (F) business interruption insurance in an amount not less than one hundred percent (100%) reasonably acceptable to Landlord. Tenant's insurance shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord's policy will be excess over Tenant's policy. Tenant shall furnish to Landlord certificates of such insurance and such other evidence satisfactory to Landlord of the replacement cost thereof insuring against the perils maintenance of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and all insurance coverages required hereunder at least thirty (30) ten days prior to the effective earlier of the Commencement Date or the date of Tenant enters or occupies the Premises, and at least 15 days prior to each renewal of said insurance. , and Tenant will not permit shall obtain a written obligation on the Premises part of each insurance company to be used for any purpose notify Landlord at least 30 days before cancellation or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance a material change of any sprinkler creditssuch insurance policies. All such insurance policies shall be in form, including without limitationand issued by companies with an A.M. Best rating of A+:VII or better, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammablereasonably satisfactory to Landlord. If Tenant fails to comply with the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any increase in the cost of any other remedy available pursuant to this Lease or otherwise, may, but shall not be obligated to, obtain such insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then and Tenant shall pay to Landlord on demand the amount premium costs thereof, plus an administrative fee of 15% of such increase to Landlord upon demandcost.

Appears in 2 contracts

Samples: Security Agreement (Biomira Inc), Iv Lease (Biomira CORP)

Tenant’s Insurance. Tenant, at its own expense, At all times Tenant shall maintain during the term of this Lease keep in full force and effect a policy or policies of worker's compensation comprehensive public liability and property damage (or its equivalent provided with respect to Tenant’s property and any improvements to the Building made by Tenant but not as to the Building itself) insurance with respect to the Demised Premises, in such is approved limits as may be reasonably required from time to time by Landlord, such . The limits of public liability insurance on the Commencement Date shall be not less than $3,000,000 for death or injury to be unreasonably withheld) and commercial general liability insurance, including personal injury and any number of persons or for property damage, with contractual liability endorsement, in for each occurrence. In no event shall the amount limits of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted any coverage maintained by Tenant in pursuant to this Section 11.1 be considered as limiting Tenant’s liability under this Lease. The property damage policy shall name Landlord, any person, firms or corporations (including, without being limited to, any mortgagee or lessor of Landlord) designated by Landlord and Tenant as insureds to the Premisesextent their interests may appear. Said policies The liability policies, which shall (i) name the Landlord as an additional insured and insure Landlord's contingent insured, shall include blanket contractual liability coverage which insures contractual liability under this Lease (except for the worker's compensation policy, which instead indemnifications set forth in Section 11.2 hereof and shall include waiver of subrogation endorsement in favor of Landlord), (ii) contain a clause that the insurer will not cancel or change the insurance without first giving Landlord 30 days prior written notice. The insurance shall be issued on an occurrence (not claims made) basis, (iii) be issued written by an insurance company company, licensed and qualified to do business in the State in which the Property is located, which is reasonably acceptable to Landlord, and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition to the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive An original copy of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof a certificate of insurance shall be delivered to Landlord by Tenant upon commencement the execution and delivery of the term of the this Lease and at least thirty replacement certificates shall be delivered not less than ten (3010) days prior to the effective date expiration of each renewal of said any then existing coverage. The insurance which Tenant is required to maintain in force and effect under this Section 11.1 shall be primary insurance as respects Landlord (and any other additional insureds designated by Landlord) and not excess over or contributory with any other available insurance. Certificates of insurance evidencing the liability insurance coverage required under this Section 11.1 shall contain an endorsement to such effect. In addition, at all times during the Term hereof, Tenant will not permit shall procure and maintain Worker’s Compensation Insurance in accordance with the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use laws of the Premises for State in which the receipt, storage or handling of any product, material or merchandise that Property is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandlocated.

Appears in 2 contracts

Samples: Lease Agreement (G Iii Apparel Group LTD /De/), Lease Agreement (G Iii Apparel Group LTD /De/)

Tenant’s Insurance. Tenant, Tenant shall keep in force at its own expense, shall maintain during the term of so long as this Lease remains in effect, (a) public liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits (d) insurance covering all plate and other interior glass in the Premises for and in the name of Landlord and (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months. Such policies shall be maintained with companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of worker's compensation (such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its equivalent provided such is approved by designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be unreasonably withheldeffective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) and commercial comprehensive general liability insuranceinsurance policy, including personal injury and property damageincluding, with but not limited to, contractor’s liability coverage, contractual liability endorsementcoverage, in the amount completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of Five not less than Two Hundred Thousand Dollars ($500,000.00200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) for property damages workmen’s compensation insurance or similar insurance in form and One Million Dollars ($1,000,000.00) per occurrence for personal injuries amounts as required by law. In the event of damage to or deaths destruction of persons occurring in or about the Premises and the Project; providedtermination of this Lease by Landlord pursuant to Section 18 herein, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type Tenant agrees that it shall pay Landlord all of business conducted by Tenant its insurance proceeds relating to improvements made in the PremisesPremises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. Said policies shall (i) name If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as an additional insured and insure Landlord's contingent liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement it in favor of Landlord), (ii) its sole judgment deems necessary to be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlordissued, and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given in such event Tenant agrees to pay promptly upon Landlord. In addition to ’s demand, as additional rent the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or premiums for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty (30) days prior to the effective date of each renewal of said such insurance. Tenant will not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demand.

Appears in 1 contract

Samples: Agreement of Lease (Integral Systems Inc /Md/)

Tenant’s Insurance. Tenant, at its own expense, a. All insurance required to be carried by Tenant hereunder shall maintain during be issued by responsible insurance companies acceptable to Landlord and Landlord's lender and qualified to do business in the term of this Lease a State. Each policy or policies of worker's compensation (or its equivalent provided such is approved by shall name Landlord, such not to be unreasonably withheld) and commercial general liability insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in at Landlord's reasonable discretion based upon inflation or upon the type request any mortgagee of business conducted by Tenant in the PremisesLandlord, as an additional insured, as their respective interests may appear. Said policies Each policy shall contain (i) name Landlord as an additional insured and insure Landlord's contingent a cross-liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord)endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be issued on an occurrence (not claims made) basisprimary and non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess Insurance, and (iii) be issued a waiver by an insurance company which is acceptable to the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (ivauthenticated by the insurer) provide that said or certificate of the Insurer evidencing the existence and amount of each insurance policy required hereunder shall not be cancelled unless delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days prior after any demand by Landlord therefor. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable except after twenty (20) days written notice shall have been given to Landlord and Landlord's lender. In addition to the above, Tenant shall maintain insurance insuring the interest furnish Landlord with renewals or 'binders' of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said any such policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty ten (3010) days prior to the effective date of each renewal of said insuranceexpiration thereof. Tenant will agrees that if Tenant does not permit the Premises to take out and maintain such insurance, Landlord may (but shall not be used for any purpose or in any manner that would (irequired to) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any procure said insurance on the Premises or the Building is caused by Tenant's use of behalf and charge the Tenant the premiums, payable upon demand. Tenant shall have the right to provide such insurance coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the Premises, or because Landlord, Landlord's mortgagee and Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandas required by this Lease.

Appears in 1 contract

Samples: Lease Agreement (Satcon Technology Corp)

Tenant’s Insurance. TenantTenant agrees to maintain in full force from the date upon which a Tenant first enters the Premises for any reason, at its own expensethroughout the Term, shall maintain during and thereafter, so long as Tenant is in occupancy of any part of the term of this Lease Premises, a policy or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial comprehensive general liability insuranceinsurance under which Landlord and Tenant are named as insureds, including personal injury and property damage, with under which the insurer provides a contractual liability endorsementendorsement insuring against all cost, expense and liability arising out of or based upon any and all claims, accidents, injuries and damages described in Section 7.1, in -11- the amount broadest form of Five Hundred Thousand Dollars such coverage from time to time available. Each such policy shall be non-cancellable and non-amendable ($500,000.00to the extent that any proposed amendment reduces the limits or the scope of the insurance required in this Lease) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premises. Said policies shall (i) name with respect to Landlord as an additional insured and insure Landlord's contingent liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlord, and (iv) provide that said insurance shall not be cancelled unless without thirty (30) days prior written notice shall have been given to Landlord. In addition to the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates a duplicate original thereof shall be delivered to Landlord. As of the Commencement Date hereof, the minimum limits of liability of such insurance for each year shall be Three Million Dollars ($3,000,000.00) for combined bodily injury (or death) and damage to property (per occurrence), and from time to time during the Term for such higher limits, if any, as are carried customarily in the Boston/Route 128 area with respect to similar properties. At any time when Tenant is performing construction work in or on the Premises, Tenant shall carry builder's risk insurance satisfactory to Landlord. Tenant shall provide Landlord with a certificate evidencing such coverage, which shall state that the coverage cannot be cancelled or amended without thirty days' prior notice to Landlord. Tenant at its cost shall maintain on all its personal property, tenant improvements and alterations in on or about the Premises a policy of standard fire and extended coverage insurance, with vandalism and malicious mischief endorsements, to the extent of their full replacement value. The proceeds for any such policy shall be used by Tenant upon commencement for the replacement of personal property or the term restoration of tenant improvements or alterations. Tenant shall deliver a certificate evidencing such coverage to Landlord, which shall state that the Lease and coverage may not be amended or cancelled without at least thirty (30) days days' prior written notice to the effective date of each renewal of said insurance. Tenant will not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandLandlord.

Appears in 1 contract

Samples: Lease Agreement (Transkaryotic Therapies Inc)

Tenant’s Insurance. TenantTenant agrees, at its own expensesole cost, to insure its personal property, against damage for their full replacement value. Said insurance shall maintain during provide All Risk and fire coverage equal to the term replacement cost of said property. The property insurance provided by Tenant as required by this Lease paragraph and shall name Landlord and Landlord’s lender, as loss payee with respect to Tenant Improvements and Alterations only. Tenant shall deliver certificates of insurance to Landlord evidencing such Insurance. Tenant agrees, at its sole cost, and to obtain worker’s compensation and Commercial General Liability insurance for occurrences within the Premises. Worker’s Compensation limits shall be per state law. General Liability Insurance shall contain a policy or policies combined single limit of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of less than Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.005,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits (coverage may be adjusted upward in provided by any combination of primary and excess insurance). Tenant’s liability insurance shall be primary insurance containing a cross-liability clause, and shall provide coverage on an “occurrence” rather than on a “claims made” basis. All such insurance shall provide for severability of interests; shall provide that an act or omission of one of the named (additional) insureds shall not reduce or avoid coverage to the other named (additional insureds). Tenant shall name Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premises. Said policies shall (i) name Landlord , Sobrato Development Companies and Landlord’s lender as an additional insured (except with respect to damages arising out of its sole negligence or with respect to structural alteration, new construction or demolition operations performed by or on behalf of and insure shall deliver a certificates of insurance to Landlord's contingent liability . All insurance policies required under this Lease (except section shall provide for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlord, and (iv) provide that said insurance shall not be cancelled unless thirty (30) days days’ prior written notice shall have been given to LandlordLandlord of any cancellation or termination in coverage. In addition to Notwithstanding the above, Landlord retains the right to have Tenant shall maintain provide other forms of insurance insuring the interest of Tenant and covering all of Tenant's property and all partitionswhich may be reasonably required to cover future risks, fixtures, additions and other improvements that may have been constructed, erected or installed provided such as available at commercially reasonable rates but in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in no event exceeding an annual amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord payable by Tenant upon commencement of the term of the Lease and at least thirty (30) days prior to the effective date of each renewal of said insurance. Tenant will not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demand$25,000.

Appears in 1 contract

Samples: Netflix Inc

Tenant’s Insurance. TenantTenant shall, at its own Tenant’s expense, shall maintain obtain and keep in force during the term of this Lease Lease, a policy or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insuranceinsurance policy insuring Tenant against the risks of, including personal bodily injury and property damage, with personal injury, contractual liability, completed operations, products liability, host liquor liability, owned and non-owned automobile liability endorsementarising out of the ownership, use, occupancy or maintenance of the Leased Premises and all areas appurtenant thereto. Such insurance shall be a combined single limit policy in the an amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence with a TWO MILLION DOLLAR ($2,000,000.00) annual aggregate. Landlord and any lender and any other party in interest designated by Landlord shall be named as additional insured(s). The policy shall contain cross liability endorsements with coverage for personal injuries or deaths Landlord for the negligence of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premises. Said policies shall (i) name even though Landlord is named as an additional insured; shall insure performance by Tenant of the indemnity provisions of this Lease; shall be primary, not contributing with, and not in excess of coverage which Landlord may carry; shall provide for severability of interest; shall provide that an act or omission of one of the insured or additional insureds which would void or otherwise reduce coverage shall not void or reduce coverages as to the other insured or additional insureds; and insure Landlord's contingent liability under shall afford coverage after the term of this Lease (except by separate policy or extension if necessary) for all claims based on acts, omissions, injury or damage which occurred or arose (or the worker's compensation policy, onset of which instead shall include waiver occurred or arose) in whole or in part during the term of subrogation endorsement in favor this Lease. The limits of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlord, and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to limit any liability of Tenant hereunder. Not more frequently than every year, if, in the reasonable opinion of Landlord. In addition to , the aboveamount of liability insurance required hereunder is not adequate, Tenant shall maintain promptly increase said insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or coverage as required by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty (30) days prior to the effective date of each renewal of said insurance. Tenant will not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandLandlord.

Appears in 1 contract

Samples: Office Lease (Heritage Commerce Corp)

Tenant’s Insurance. Tenant, at its own expense, shall maintain at all times during the term of this Lease a policy or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and Term commercial general liability insurance, including a contractual liability endorsement and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord, the Property Manager, Ground Lessor, Superior Mortgagee and any other holder of a Superior Interest whose name and address shall previously have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000.00 per occurrence for bodily injury and property damage. Tenant shall also maintain (a) “all risk” property insurance (including coverage for terrorism) covering all present and future Leasehold Improvements and Tenant’s Property to a limit of not less than the full replacement value thereof, (b) business interruption insurance for a minimum period of 12 months or such greater amount that will reimburse Tenant for direct and indirect loss of earnings and extra expense attributable to all perils insured against in this Section 12.03 or other perils commonly insured against by prudent tenants or attributable to prevention of access to the Premises or the Building as a result of any of such perils, (c) comprehensive equipment breakdown insurance (without exclusion for explosion), covering all mechanical, electrical and other equipment belonging to Tenant against physical damage from all perils insured against in this Section 12.03, (d) workers compensation insurance in accordance with contractual the laws of the State of New York and (e) comprehensive automobile liability endorsementinsurance coverage with limits of not less than $2,000,000 combined single limit coverage against bodily injury liability and property damage liability arising out of the use by or on behalf of Tenant, its agents and employees in connection with this Lease, of any owned, non-owned or hired motor vehicle. Tenant shall deliver to Landlord and any other additional insured such certificates of insurance, issued by the insurer, in form reasonably satisfactory to Landlord, at least 10 days before the amount Commencement Date. The “all risk” property insurance policies required to be carried by Tenant, and any certificates evidencing such policies, shall provide that the proceeds under such policies shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall execute and deliver to Landlord such proofs of Five Hundred Thousand Dollars loss and other instruments which may be reasonably required to recover any such insurance proceeds. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any other additional insured a certificate thereof issued by the insurer at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies of recognized responsibility licensed to do business in New York State ($500,000.00) provided, that if permitted under all applicable Superior Instruments, then it shall not be necessary for property damages an insurer to be licensed in New York State so long as such insurer is permitted by all applicable Legal Requirements to write insurance in New York State), rated by Best’s Insurance Reports or any successor publication of comparable standing at A/VIII or better or the then equivalent of such rating, and One Million Dollars ($1,000,000.00) per shall, if available, contain a provision whereby the same cannot be canceled or modified in a material respect unless the insurer shall endeavor to provide Landlord and any other additional insured at least 30 days prior written notice of such cancellation or modification. The limits of liability required herein may be provided by a single policy of insurance or by a combination of primary and umbrella policies, but in no event shall the total limits of liability available for any one occurrence for personal injuries or deaths accident be less than those required herein. Tenant’s policies of persons occurring in or about insurance may be maintained under “blanket policies” insuring the Premises and the Projectother property or locations of Tenant; provided, that such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premises. Said blanket policies shall (i) name Landlord as an additional insured and insure Landlord's contingent liability under this Lease (except for set forth the worker's compensation policy, which instead shall include waiver amount of subrogation endorsement in favor of Landlord)the insurance applicable to the Premises, (ii) be issued on an occurrence (not claims made) basisotherwise comply with the provisions of this Article 12, and (iii) afford the same protection to Landlord and any other additional insured as would be issued provided by an policies individually applicable to the Premises. All insurance company which is acceptable policies required to Landlord, and (iv) provide that said insurance be maintained pursuant to this Section 12.03 shall not be cancelled unless thirty (30) days prior written notice shall have been given contain any exclusions for acts of terrorism or similar events, to Landlordthe extent commercially available. In addition to the aboveother requirements set forth in this Lease, the insurance required to be carried by Tenant under this Lease shall maintain be primary insurance insuring for all claims under it and shall provide that any insurance carried by Landlord, the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish WorkProperty Manager, and covering all contents the holder of any Superior Interest is strictly excess, secondary and non-contributing with any insurance carried by Tenant. Notwithstanding anything to the Premisescontrary contained herein, in an amount not less than one hundred percent (100%) no event shall any policy of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord insurance maintained by Tenant upon commencement of the term of the Lease and at least thirty (30) days prior pursuant to the effective date of each renewal of said insurance. Tenant will not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandthis Section 12.03 have a deductible greater than $250,000.00.

Appears in 1 contract

Samples: Lease (Monotype Imaging Holdings Inc.)

Tenant’s Insurance. Tenant, at its own expense, shall maintain during Effective as of the term earlier of this Lease a policy (1) the date Tenant enters or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in occupies the Premises. Said policies shall , or (i2) name Landlord as an additional insured and insure Landlord's contingent liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to LandlordCommencement Date, and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition to continuing throughout the aboveTerm, Tenant shall maintain the following insurance policies: (A) commercial general liability insurance in amounts of $3,000,000 per occurrence or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord’s property management company and Landlord’s asset management company against all liability for injury to or death of a person or persons or damage to property arising from the interest use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment, (B) insurance covering the full value of all alterations and improvements and betterments in the Premises, naming Landlord and Landlord’s Mortgagee as additional loss payees as their interests may appear, (C) insurance covering the full value of all furniture, trade fixtures and personal property (including property of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed others) in or about the Premises or for otherwise placed in the benefit of, or Project by or for on behalf of a Tenant Party (including Tenant’s Off-Premises Equipment), inclusive (D) contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy), (E) worker’s compensation insurance, and (F) business interruption insurance. Tenant’s insurance shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. Tenant shall furnish to Landlord certificates of such insurance and such other evidence satisfactory to Landlord of the Tenant Finish Work, and covering maintenance of all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and insurance coverages required hereunder at least thirty (30) ten days prior to the effective earlier of the Commencement Date or the date of Tenant enters or occupies the Premises, and at least 15 days prior to each renewal of said insurance. , and Tenant will not permit shall obtain a written obligation on the Premises part of each insurance company to be used for any purpose notify Landlord at least 30 days before cancellation or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance a material change of any sprinkler creditssuch insurance policies. All such insurance policies shall be in form, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammableand issued by companies reasonably satisfactory to Landlord. If Tenant fails to comply with the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any increase in the cost of any other remedy available pursuant to this Lease or otherwise, may, but shall not be obligated to, obtain such insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then and Tenant shall pay to Landlord on demand the amount premium costs thereof, plus an administrative fee of 15% of such increase to Landlord upon demandcost.

Appears in 1 contract

Samples: Lease Agreement (Omtool LTD)

Tenant’s Insurance. TenantTenant shall maintain, at its own cost and expense, shall maintain during the term of this Lease a policy or policies of worker's compensation (or its equivalent provided such is in responsible companies approved by Landlord, such not to be unreasonably withheld) and commercial general combined single limit public liability insurance, including insuring Landlord, Landlord’s Management Company and Tenant, as their interests may appear, against all claims, demands or actions for bodily injury, personal injury or death of any one person in an amount of not less than $1,000,000.00; and for bodily injury, personal injury or death of more than one person in any one accident in an amount of not less than $2,000,000.00; and for damage to property damage, with contractual liability endorsement, in an amount of not less than $1,000,000.00. If Tenant engages in the amount sale of Five Hundred Thousand Dollars wine, beer, or liquor ($500,000.00alcohol sales of any kind) whether for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries on site or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premises. 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, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlord, and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition to the aboveoff site consumption, Tenant shall maintain maintain, at its own cost and expense, in responsible companies approved by Landlord, Liquor Liability insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent $2,000,000.00. Additionally in the case of either a (i) nightclub use or (ii) restaurant use (where dancing or live music occur) Tenant shall maintain an Umbrella Liability insurance in an amount not less than $2,000,000.00. Landlord, Landlord’s Management Company, and their directors, officers, employees and agents, shall be covered as additional insureds without limitation in all such policies. All required liability insurance shall have no exclusion for Assault and Battery, Abuse and Molestation or incidents involving Firearms. Landlord shall have the right to direct Tenant to increase such amounts whenever it considers them inadequate. Such liability insurance shall also cover and include all exterior signs maintained by Tenant. The policy of insurance may be in the form of a general coverage or floater policy covering these and other premises, provided that Landlord and Landlord’s Management Company are specifically insured therein. Tenant shall carry like coverage against loss or damage by boiler or compressor or internal explosion of boilers or compressors, if there is a boiler or compressor in the Premises. Tenant shall maintain insurance covering all glass forming a part of the Premises including plate glass in the Premises and fire insurance against loss or damage by fire or windstorms, with such endorsements for extended coverage, theft, vandalism, malicious mischief and special extended coverage as may be reasonably required or advisable, covering 100%) % of the replacement cost thereof insuring against costs of any items of value, including but not limited to, signs, stock, inventory, fixtures, improvements, floor coverings, equipment and air conditioning compressors and equipment serving the perils Premises. Tenant shall maintain worker’s compensation insurance as required by applicable law and environmental indemnity insurance if required under Article 7.5 of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischiefthis Lease. Said policy or policies or certificates thereof All of said insurance shall be delivered in form and in responsible companies satisfactory to Landlord Landlord, and shall provide that it will not be subject to cancellation, termination or change except after at least 30 days prior written notice to Landlord. Any insurance procured by Tenant shall be primary and shall contain an express waiver of any right of subrogation by the insurance company against Landlord, Landlord’s Management Company and Landlord’s insurer. The policies, together with satisfactory evidence of the payment of the premiums thereon, shall be deposited with Landlord on or before the day Tenant takes possession of the Premises. Failing to provide and maintain all required insurance shall be considered a material breach of this Lease. Thereafter, Tenant shall provide Landlord with evidence of proof of payment upon commencement renewal of any such policy, not less than 30 days prior to expiration of the term of such coverage. In the Lease event Tenant fails to obtain or maintain the insurance required hereunder, Landlord may obtain same, without any obligation whatsoever to do so, and at least thirty any costs incurred by Landlord in connection therewith plus a ten percent (3010%) days prior administrative fee shall be payable by Tenant upon demand. Nothing herein shall be deemed or construed to the effective date of each renewal of said insurance. Tenant will not permit the Premises to be used for any purpose or in any manner that would either (i) void the insurance thereon, release Xxxxxxxx’s insurer from any obligation to Landlord; or (ii) increase the impair Landlord’s rights as to any of its own insurance risk, coverages or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandpolicy benefits.

Appears in 1 contract

Samples: Business Lease

Tenant’s Insurance. Tenant, at its own expense, shall maintain during Effective as of the term earlier of this Lease a policy (1) the date Tenant enters or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in occupies the Premises. Said policies shall , or (i2) name Landlord as an additional insured and insure Landlord's contingent liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to LandlordRent Commencement Date, and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition to continuing throughout the aboveTerm, Tenant shall maintain the following insurance policies: (A) commercial general liability insurance in amounts of $3,000,000 per occurrence or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord’s property management company, Landlord’s asset management company and, if requested in writing by Landlord, Landlord’s Mortgagee, against all liability for injury to or death of a person or persons or damage to property arising from the interest use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment, (B) insurance covering the full value of all alterations and improvements and betterments in the Premises, naming Landlord and Landlord’s Mortgagee as additional loss payees as their interests may appear, (C) insurance covering the full value of all furniture, trade fixtures and personal property (including property of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed others) in or about the Premises or for otherwise placed in the benefit of, or Project by or for on behalf of a Tenant Party (including Tenant’s Off-Premises Equipment), inclusive of the Tenant Finish Work(D) contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy), (E) worker’s compensation insurance, and covering all contents of the Premises, (F) business interruption insurance in an amount not less than one hundred percent (100%) reasonably acceptable to Landlord. Tenant’s insurance shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. Tenant shall furnish to Landlord certificates of such insurance and such other evidence satisfactory to Landlord of the replacement cost thereof insuring against the perils maintenance of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and all insurance coverages required hereunder at least thirty (30) ten days prior to the effective earlier of the Rent Commencement Date or the date of Tenant enters or occupies the Premises, and at least 15 days prior to each renewal of said insurance. , and Tenant will not permit shall obtain a written obligation on the Premises part of each insurance company to be used for any purpose notify Landlord at least 30 days before cancellation or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance a material change of any sprinkler creditssuch insurance policies. All such insurance policies shall be in form, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammableand issued by companies reasonably satisfactory to Landlord. If Tenant fails to comply with the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any increase in the cost of any other remedy available pursuant to this Lease or otherwise, may, but shall not be obligated to, obtain such insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then and Tenant shall pay to Landlord on demand the amount premium costs thereof, plus an administrative fee of 15% of such increase to Landlord upon demandcost.

Appears in 1 contract

Samples: Lease Agreement (Energytec Inc)

Tenant’s Insurance. TenantTenant shall, at its own Tenant’s expense, shall maintain obtain and keep in force during the term Term of this Lease Lease, a policy or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insuranceinsurance policy insuring Tenant against the risks of, including personal bodily injury and property damage, with personal injury, contractual liability, completed operations, owned and non-owned automobile liability endorsementarising out of the ownership, in use, occupancy or maintenance of the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Leased Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premisesall areas appurtenant thereto. 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, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlord, and (iv) provide that said Such insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition to the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, a combined single limit policy in an amount not less than one hundred percent Two Million Dollars (100%$2,000,000.00) per occurrence with a Three Million Dollar ($3,000,000.00) annual aggregate. Landlord and any lender and any other party in interest designated by Landlord shall be named as additional insured(s). The policy shall contain cross liability endorsements with coverage for Landlord for the negligence of Tenant even though Landlord is named as an additional insured; shall insure performance by Tenant of the replacement cost thereof insuring against the perils indemnity provisions of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof this Lease; shall be delivered to primary, not contributing with, and not in excess of coverage which Landlord by Tenant upon commencement may carry; shall provide for severability of interest; shall provide that an act or omission of one of the term insured or additional insureds which would void or otherwise reduce coverage shall not void or reduce coverages as to the other insured or additional insureds. The limits of said insurance shall not limit any liability of Tenant hereunder. Not more frequently than every year, if, in the Lease and at least reasonable opinion of Landlord, the amount of liability insurance required hereunder is not adequate, Tenant shall, within thirty (30) days prior to the effective date of each renewal of following Landlord’s notice, increase said insurance. Tenant will not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused coverage as required by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandLandlord.

Appears in 1 contract

Samples: Office Lease (Webex Communications Inc)

Tenant’s Insurance. Tenant, at its own expense, a. All insurance required to be carried by Tenant hereunder shall maintain during be issued by responsible insurance companies acceptable to Landlord and Landlord's lender and qualified to do business in the term of this Lease a State. Each policy or policies of worker's compensation (or its equivalent provided such is approved by shall name Landlord, such not to be unreasonably withheld) and commercial general liability insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in at Landlord's reasonable discretion based upon inflation or upon the type request any mortgagee of business conducted by Tenant in the PremisesLandlord, as an additional insured, as their respective interests may appear. Said policies Each policy shall contain (i) name Landlord as an additional insured and insure Landlord's contingent a cross-liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord)endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be issued on an occurrence (not claims made) basisprimary and non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (iii) be issued a waiver by an insurance company which is acceptable to the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (ivauthenticated by the insurer) provide that said or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall not be cancelled unless delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days prior after any demand by Landlord therefor. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancellable except after twenty (20) days written notice shall have been given to Landlord and Landlord's lender. In addition to the above, Tenant shall maintain insurance insuring the interest furnish Landlord with renewals or "binders" of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said any such policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty ten (3010) days prior to the effective date of each renewal of said insuranceexpiration thereof. Tenant will agrees that if Tenant does not permit the Premises to take out and maintain such insurance, Landlord may (but shall not be used for any purpose or in any manner that would (irequired to) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any procure said insurance on the Premises or the Building is caused by Tenant's use of behalf and charge the Tenant the premiums together with a twenty- five percent (25%) handling charge, payable upon demand. Tenant shall have the right to provide such insurance coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the Premises, or because Landlord, Landlord's mortgagee and Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandas required by this Lease.

Appears in 1 contract

Samples: Lease (Pac-West Telecomm Inc)

Tenant’s Insurance. Tenant, Tenant shall keep in force at its own expense, shall maintain during the term of so long as this Lease remains in effect, (a) public liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant's personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen's compensation or similar insurance offering statutory coverage and containing statutory limits, and (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord. Such policies shall be maintained in companies rated in Best's Insurance Guide at least "A" as to general policyholder's rating and "X" as to financial strength, and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Upon request from Landlord, Tenant shall deposit the policy or policies of worker's compensation (such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its equivalent provided such is approved by designee and, at the request of Landlord, its mortgagees, as additional named insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) day's written notice to Landlord or its designees. All such policies of insurance shall be unreasonably withheldeffective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) and commercial comprehensive general liability insuranceinsurance policy, including personal injury and property damageincluding, with but not limited to, contractor's liability coverage, contractual liability endorsementcoverage, in the amount completed operations coverage, broad form property damage endorsement and contractor's protective liability coverage, to afford protection with limits per person and for each occurrence, of Five not less than Two Hundred Thousand Dollars ($500,000.00200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) for property damages workmen's compensation insurance or similar insurance in form and One Million Dollars ($1,000,000.00) per occurrence for personal injuries amounts as required by law. In the event of damage to or deaths destruction of persons occurring in or about the Premises and the Project; providedtermination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises limited to the allowance for Tenant's Improvements by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such limits insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be adjusted upward issued, and in such event Tenant agrees to pay promptly upon Landlord's reasonable discretion based upon inflation or upon demand, as additional rent the type of business conducted by Tenant in the Premises. Said policies shall (i) name Landlord as an additional insured and insure Landlord's contingent liability under this Lease (except premiums for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlord, and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition to the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty (30) days prior to the effective date of each renewal of said such insurance. Tenant will not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demand.

Appears in 1 contract

Samples: Agreement of Lease (Ameritrade Holding Corp)

Tenant’s Insurance. TenantIt is expressly agreed by the parties that Tenant shall assume all risk of damage to its property, at its own expense, shall maintain during the term of this Lease a policy or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) equipment and commercial general liability insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons trade fixtures occurring in or about the Demised Premises whatever the cause of such damage or casualty. Landlord assumes no liability or responsibility whatever with respect to the conduct and operation of the Project; provided, such limits may business to be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premises. Said policies shall (i) name Landlord as an additional insured and insure Landlord's contingent liability under this Lease (except Demised Premises nor for the worker's compensation policyany loss or damage of whatsoever kind or nature or by whomsoever caused, which instead shall include waiver of subrogation endorsement in favor of Landlord)to personal property, (ii) be issued on an occurrence (not claims made) basisdocuments, (iii) be issued by an insurance company which is acceptable to Landlordrecords, and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition to the abovemonies, Tenant shall maintain insurance insuring the interest or goods of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed to anyone in or about the Demised Premises, however caused, and Tenant agrees to hold Landlord harmless against all such claims. Tenant will, at its own cost and expense maintain all risk insurance coverage on its trade fixtures, and other personal property located in the Demised Premises in an amount equal to full replacement cost thereof. The Tenant, at Tenant's own cost and expense, shall obtain or provide and keep in full force for the benefit of the Landlord, during the term hereof, general public liability insurance, insuring the Landlord against any and all liability or claims of liability arising out of, or occasioned by or for Tenant, inclusive of resulting from any accident or otherwise in or about the Tenant Finish Work, and covering all contents of the Demised Premises, in an amount for injuries to any person or persons, for limits of not less than one hundred percent (100%) the Limit of Liability Insurance To Be Maintained by Tenant as set forth in the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious MischiefLease Summary. Said The policy or policies of insurance shall be of a company or certificates thereof companies authorized to do business in the State of New Jersey and shall be delivered to Landlord by Tenant upon the Landlord, together with evidence of the payment of the premiums therefor, not less than fifteen days prior to the commencement of the term hereof or of the Lease and at date when the Tenant shall enter into possession, whichever occurs sooner. At least thirty (30) days prior to the effective expiration or termination date of each any policy, the Tenant shall deliver a renewal of said insurance. Tenant will not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use replacement policy with proof of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use payment of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandpremium therefor.

Appears in 1 contract

Samples: Lease Agreement (KMC Telecom Holdings Inc)

Tenant’s Insurance. TenantEffective as of the earlier of (a) the date Tenant enters or occupies the Premises, at its own expenseor (b) the Commencement Date, and continuing throughout the Term, Tenant shall maintain during the term of this Lease a policy or policies of worker's compensation following insurance policies: (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheldi) and commercial general liability insuranceinsurance (including property damage, including bodily injury and personal injury coverage and host liquor liability) in amounts of $1,000,000 per occurrence; $2,000,000 general aggregate; $1,000,000 personal injury and advertising injury liability; and $1,000,000 damage to rented premises, or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter |including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant (and naming as additional insureds the California Public Employees’ Retirement System, Landlord, Landlord’s property damagemanagement company, with contractual Landlord’s asset management company and, if applicable, Landlord’s Mortgagee [collectively, “Landlord Insured Parties”]), against all liability endorsement, in for injury to or death of a person or persons or damage to property arising from the amount use and occupancy of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and (without implying any consent by Landlord to the Project; providedinstallation thereof) the installation, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation operation, maintenance, repair or upon the type removal of business conducted by Tenant in the Premises. 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, which instead shall include waiver of subrogation endorsement in favor of Landlord)Tenant’s Off-Premises Equipment, (ii) be issued on an occurrence all-risk insurance (including, but not claims madelimited to, sprinkler leakage, ordinance and law, sewer back-up, flood, earthquake, windstorm and collapse coverage) basiscovering the full value of all alterations and improvements and betterments in the Premises, naming Landlord and, if applicable, Landlord’s Mortgagee as additional loss payees as their interests may appear, (iii) be issued all-risk insurance covering the full value of all furniture, trade fixtures and personal property (including property of Tenant or others) in the Premises or otherwise placed in the Project by or on behalf of a Tenant Party (including Tenant’s Off-Premises Equipment), (iv) contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy), (v) commercial auto liability insurance (if applicable) covering automobiles owned, hired or used by Tenant in carrying on its business with limits not less than $1,000,000 combined single limit for each accident, (vi) worker’s compensation insurance as required to comply with Laws or employers’ liability insurance in amounts of $1,000,000 per employee for bodily injury by accident and $1,000,000 per employee for bodily injury by disease, (vii) business interruption insurance in an amount equal to or greater than 12 months of Tenant’s actual, sustained probable loss, (viii) automobile liability insurance company which is acceptable to Landlord(if applicable) with a combined single limit of $1,000,000 covering all owned, non-owned and hired automobiles, and (ivix) excess general, automobile and employers’ liability insurance, on a following form basis, of $3,000,000 per occurrence. The general liability, automobile liability (if applicable), and excess liability policies shall name the Landlord Insured Parties as additional insureds, and all property insurance policies (except on Tenant’s personal property) shall name Landlord as loss payee. Tenant’s insurance (except workers’ compensation or employers’ liability insurance) shall provide that said insurance shall not primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be cancelled unless thirty (30) days prior written notice shall have been given to Landlordexcess over Tenant’s policy. In addition to the above, Tenant shall maintain furnish to Landlord certificates of such insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and such other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive evidence satisfactory to Landlord of the Tenant Finish Work, and covering maintenance of all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and insurance coverages required hereunder at least thirty (30) ten days prior to the earlier of the Commencement Date or the date Tenant enters or occupies the Premises (in any event, within ten days of the effective date of coverage), and at least 15 days prior to each renewal of said insurance. , and Tenant will not permit shall obtain a written obligation on the Premises part of each insurance company to be used notify the Landlord Insured Parties at least 30 days before cancellation (ten days for any purpose non-payment of premium) or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance a material change of any sprinkler creditssuch insurance policies. All such insurance policies shall be in form reasonably satisfactory to Landlord and issued by companies with an A.M. Best rating of A+:VII or better. However, including without limitation, use of the Premises for the receipt, storage no review or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost approval of any insurance on certificate or policy by Landlord shall derogate from or diminish Landlord’s rights or Tenant’s obligations hereunder. If Tenant fails to comply with the Premises foregoing insurance requirements or to deliver to Landlord the Building is caused by Tenant's use certificates or evidence of the Premisescoverage required herein, Landlord, in addition to any other remedy available pursuant to this Lease or because Tenant vacates the Premisesotherwise, then may, but shall not be obligated to, obtain such insurance and Tenant shall pay to Landlord on demand the amount premium costs thereof, plus an administrative fee of 15% of such increase to Landlord upon demand.cost. 13 000 XXXXXXXX XXXXXX XXXXXX, XX 00000

Appears in 1 contract

Samples: Lease Agreement (RetailMeNot, Inc.)

Tenant’s Insurance. TenantEffective as of the earlier of: (1) the date Tenant enters or occupies the Premises; or (2) the Commencement Date, at its own expenseand continuing throughout the Term, Tenant shall maintain during the term of this Lease a policy or policies of worker's compensation following insurance policies: (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheldA) and commercial general liability insuranceinsurance in amounts of $******** per occurrence, which shall apply on a per location basis, or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord’s property management company and Invesco against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment with an additional insured endorsement in form CG 2026 (11/85); (B) if Tenant has any company-owned or leased vehicles, Automobile Liability covering any owned, non-owned, leased, rented or borrowed vehicles of Tenant with limits no less than $******** combined single limit for property damage and bodily injury; (C) All Risk Property insurance covering the full value of all Alterations and improvements and betterments in the Premises, naming Landlord and Landlord’s Mortgagee (as defined in Section 12(a)) as additional loss payees as their interests may appear; (D) All Risk Property insurance covering the full value of all furniture, trade fixtures and personal injury and property damage, with (including property of Tenant or others) in the Premises or otherwise placed in the Project by or on behalf of a Tenant Party (including Tenant’s Off-Premises Equipment) it being understood that no lack or inadequacy of insurance by Tenant shall in any event make Landlord subject to any claim by virtue of any theft of or loss or damage to any uninsured or inadequately insured property; (E) contractual liability endorsementinsurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy); (F) worker’s compensation insurance in amounts not less than statutorily required, and Employers’ Liability insurance with limits of not less than ***************** ($*********); (G) business interruption insurance in an amount that will reimburse Tenant for direct or indirect loss of earnings attributable to all perils insured against under Section 11(a)(2)(C) or attributable to the prevention of access to the Building or Premises; (H) in the amount of Five Hundred Thousand Dollars event Tenant performs any alterations or repairs in, on, or to the Premises, Builder’s Risk Insurance on an All Risk basis ($500,000.00including collapse) on a completed value (non-reporting) form, or by endorsement including such coverage pursuant to Section 11(a)(2)(C) hereinabove, for property damages full replacement value covering all work incorporated in the Building and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring all materials and equipment in or about the Premises Premises; and (I) such other insurance or any changes or endorsements to the Project; providedinsurance required herein, including increased limits of coverage, as Landlord, or any mortgagee or lessor of Landlord, may reasonably require from time to time. Tenant’s insurance shall provide primary coverage to Landlord and shall not require contribution by any insurance maintained by Landlord, when any policy issued to Landlord provides duplicate or similar coverage, and in such limits may circumstance Landlord’s policy will be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type excess over Tenant’s policy. Tenant shall furnish to Landlord certificates of business conducted by Tenant in the Premises. Said policies shall (i) name Landlord as such insurance, with an additional insured and insure Landlord's contingent liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlordform CG 2026 (11/85), and such other evidence satisfactory to Landlord of the *** Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential Treatment has been requested with respect to the omitted portions. CONFIDENTIAL TREATMENT REQUESTED by Markit Ltd. maintenance of all insurance coverages required hereunder at least ten (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlord, and (iv) provide that said insurance shall not be cancelled unless thirty (3010) days prior written notice shall have been given to Landlord. In addition to the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive earlier of the Commencement Date or the date Tenant Finish Work, and covering all contents of enters or occupies the Premises, in an amount not less than one hundred percent and at least fifteen (100%15) days prior to each renewal of said insurance, and Tenant shall obtain a written obligation on the replacement cost thereof insuring against the perils part of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered each insurance company to notify Landlord by Tenant upon commencement of the term of the Lease and at least thirty (30) days prior to the effective date of each renewal of said insurance. Tenant will not permit the Premises to be used for any purpose before cancellation or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance a material change of any sprinkler creditssuch insurance policies. All such insurance policies shall be in form, including without limitationand issued by companies with a Best’s rating of A:VII or better, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammablereasonably satisfactory to Landlord. If Tenant fails to comply with the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any increase in the cost of any other remedy available pursuant to this Lease or otherwise, may, but shall not be obligated to, obtain such insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then and Tenant shall pay to Landlord on demand the amount premium costs thereof, plus an administrative fee of ******* percent (**%) of such increase to Landlord upon demandcost. It is expressly understood and agreed that the foregoing minimum limits of insurance coverage shall not limit the liability of Tenant for its acts or omissions as provided in this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Markit Ltd.)

Tenant’s Insurance. Tenanta. All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and Landlord's lender and qualified to do business in the State. Each policy shall name Xxxxxxxx, and at its own expense, shall maintain during the term Xxxxxxxx's request any mortgagee of this Lease a policy or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insuranceas an additional insured, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits as their respective interests may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premisesappear. Said policies Each policy shall contain (i) name Landlord as an additional insured and insure Landlord's contingent a cross-liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord)endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be issued on an occurrence (not claims made) basisprimary and non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (iii) be issued a waiver by an insurance company which is acceptable to the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (ivauthenticated by the insurer) provide that said or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall not be cancelled unless delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days prior after any demand by Landlord therefor. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable except after twenty (20) days written notice shall have been given to Landlord and Landlord's lender. In addition to the above, Tenant shall maintain insurance insuring the interest furnish Landlord with renewals or "binders" of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said any such policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty ten (3010) days prior to the effective date of each renewal of said insuranceexpiration thereof. Tenant will agrees that if Xxxxxx does not permit the Premises to take out and maintain such insurance, Landlord may (but shall not be used for any purpose or in any manner that would (irequired to) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any procure said insurance on the Premises or the Building is caused by Tenant's use of behalf and charge the Tenant the premiums together with a twenty-five percent (25%) handling charge, payable upon demand. Tenant shall have the right to provide such insurance coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the Premises, or because Landlord, Xxxxxxxx's mortgagee and Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandas required by this Lease.

Appears in 1 contract

Samples: American River Holdings

Tenant’s Insurance. Effective as of the earlier of: (1) the date Tenant enters or occupies the Premises; or (2) the Commencement Date, and continuing throughout the Term, Tenant shall maintain the following insurance policies: (A) commercial general liability insurance in amounts of $5,000,000 per occurrence, which shall apply on a per location basis, or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, at its own expenseLandlord, shall maintain during Landlord’s property management company and Onyx against all liability for injury to or death of a person or persons or damage to property arising from the term use and occupancy of this Lease a policy the Premises and (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or policies removal of worker's compensation Tenant’s Off-Premises Equipment with an additional insured endorsement in form CG 20 26 11 85 (or its equivalent provided equivalent); (B) Automobile Liability covering any owned, non-owned, leased, rented or borrowed vehicles of Tenant with limits no less than $5,000,000 combined single limit for property damage and bodily injury; (C) All Risk Property insurance covering the full value of all Alterations and improvements and betterments in the Premises, naming Landlord and Landlord’s Mortgagee (as defined in Section 12(a)) as additional loss payees as their interests may appear; (D) All Risk Property insurance covering the full value of all furniture, trade fixtures and personal property (including property of Tenant or others) in the Premises or otherwise placed in the Project by or on behalf of a Tenant Party (including Tenant’s Off-Premises Equipment) it being understood that no lack or inadequacy of insurance by Tenant shall in any event make Landlord subject to any claim by virtue of any theft of or loss or damage to any uninsured or inadequately insured property; (E) contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is approved by Landlord, such not to be unreasonably withheld) and already included in Tenant’s commercial general liability insuranceinsurance policy); (F) worker’s compensation insurance in amounts not less than statutorily required, including personal injury and property damage, Employers’ Liability insurance with contractual liability endorsement, in the amount limits of not less than Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.005,000,000); (G) per occurrence business interruption insurance in an amount that will reimburse Tenant for personal injuries direct or deaths indirect loss of persons occurring earnings attributable to all perils insured against under Section 11(a)(2)(C) or attributable to the prevention of access to the Building or Premises; (H) in the event Tenant performs any alterations or repairs in, on, or to the Premises, Builder’s Risk Insurance on an All Risk basis (including collapse) on a completed value (non-reporting) form, or by endorsement including such coverage pursuant to Section 11(a)(2)(C) hereinabove, for full replacement value covering all work incorporated in the Building and all materials and equipment in or about the Premises Premises; and (I) such other insurance or any changes or endorsements to the Project; providedinsurance required herein, such including increased limits of coverage, as Landlord, or any mortgagee or lessor of Landlord, may reasonably require from time to time. Requirements for $5,000,000 liability limits under the applicable policies set forth above may be adjusted upward satisfied through a combination of primary, umbrella and excess liability coverage. Tenant’s commercial general liability insurance shall provide primary coverage to Landlord and shall not require contribution by any insurance maintained by Landlord, when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord's reasonable discretion based upon inflation or upon the type ’s policy will be excess over Tenant’s policy. Tenant shall furnish to Landlord certificates of business conducted by Tenant in the Premises. Said policies shall (i) name Landlord as such insurance, with an additional insured and insure Landlord's contingent liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlordform CG 20 26 11 85 (or its equivalent), and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required hereunder at least ten (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlord, and (iv) provide that said insurance shall not be cancelled unless thirty (3010) days prior written notice shall have been given to Landlord. In addition to the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive earlier of the Commencement Date or the date Tenant Finish Work, and covering all contents of enters or occupies the Premises, in an amount not less than one hundred percent and at least fifteen (100%15) days prior to each renewal of said insurance, and Tenant shall obtain a written obligation on the replacement cost thereof insuring against the perils part of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered each insurance company to notify Landlord by Tenant upon commencement of the term of the Lease and at least thirty (30) days prior to the effective date of each renewal of said insurance. Tenant will not permit the Premises to be used for any purpose before cancellation or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance a material change of any sprinkler creditssuch insurance policies. All such insurance policies shall be in form, including without limitationand issued by companies with a Best’s rating of A:VII or better, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammablereasonably satisfactory to Landlord. If Tenant fails to comply with the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any increase in the cost of any other remedy available pursuant to this Lease or otherwise, may, but shall not be obligated to, obtain such insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then and Tenant shall pay to Landlord on demand the amount premium costs thereof, plus an administrative fee of five percent (5%) of such increase to Landlord upon demandcost. It is expressly understood and agreed that the foregoing minimum limits of insurance coverage shall not limit the liability of Tenant for its acts or omissions as provided in this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Kid Brands, Inc)

Tenant’s Insurance. TenantTenant shall, at its own Tenant's expense, shall maintain obtain and keep in force during the term Term of this Lease Lease, a policy or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insuranceinsurance policy insuring Tenant against the risks of, including personal bodily injury and property damage, with personal injury, contractual liability, completed operations, owned and non-owned automobile liability endorsementarising out of the ownership, in the amount use, occupancy or maintenance of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premisesall areas appurtenant thereto. 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, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlord, and (iv) provide that said Such insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition to the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, a combined single limit policy in an amount not less than one hundred percent Two Million Dollars (100%$2,000,000.00) per occurrence with a Three Million Dollar ($3,000,000.00) annual aggregate. Landlord and any lender and any other party in interest designated by Landlord shall be named as additional insured(s). The policy shall contain cross liability endorsements with coverage for Landlord for the negligence of Tenant even though Landlord is named as an additional insured; shall insure performance by Tenant of the replacement cost thereof insuring against the perils indemnity provisions of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof this Lease; shall be delivered to primary, not contributing with, and not in excess of coverage which Landlord by Tenant upon commencement may carry; shall provide for severability of interest; shall provide that an act or omission of one of the term insured or additional insureds which would void or otherwise reduce coverage shall not void or reduce coverages as to the other insured or additional insureds. Such Coverage afforded be on an occurrence form providing coverage for claims made after the Term of this Lease for all claims based on acts, omissions, injury or damage which occurred or arose (or the Lease and at least onset of which occurred or arose) in whole or in part during the Term of this Lease. The limits of said insurance shall not limit any liability of Tenant hereunder. Not more frequently than every year, if, in the reasonable opinion of Landlord, the amount of liability insurance required hereunder is not adequate, Tenant shall, within thirty (30) days prior to the effective date following Landlord's notice, increase said insurance coverage as required by Landlord. The limits specified above may be satisfied with a combination of each renewal of said insurance. Tenant will not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandprimary and Umbrella/Excess Insurance.

Appears in 1 contract

Samples: Office Lease (Witness Systems Inc)

Tenant’s Insurance. Tenanta. All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and Landlord's lender and qualified to do business in the State. Each policy shall name Landxxxx, xxd at its own expense, shall maintain during the term Landxxxx'x xequest any mortgagee of this Lease a policy or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insuranceas an additional insured, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits as their respective interests may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premisesappear. Said policies Each policy shall contain (i) name Landlord as an additional insured and insure Landlord's contingent a cross-liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord)endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be issued on an occurrence (not claims made) basisprimary and non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (iii) be issued a waiver by an insurance company which is acceptable to the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (ivauthenticated by the insurer) provide that said or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall not be cancelled unless delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days prior after any demand by Landlord therefor. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancellable except after twenty (20) days written notice shall have been given to Landlord and Landlord's lender. In addition to the above, Tenant shall maintain insurance insuring the interest furnish Landlord with renewals or "binders" of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said any such policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty ten (3010) days prior to the effective date of each renewal of said insuranceexpiration thereof. Tenant will agrees that if Tenaxx xxxs not permit the Premises to take out and maintain such insurance, Landlord may (but shall not be used for any purpose or in any manner that would (irequired to) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any procure said insurance on the Premises or the Building is caused by Tenant's use of behalf and charge the Tenant the premiums together with a twenty-five percent (25%) handling charge, payable upon demand. Tenant shall have the right to provide such insurance coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the Premises, or because Landlord, Landxxxx'x xortgagee and Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandas required by this Lease.

Appears in 1 contract

Samples: Probusiness Services Inc

Tenant’s Insurance. Tenant, at its own expense, a. All insurance required to be carried by Tenant hereunder shall maintain during be issued by responsible insurance companies acceptable to Landlord and Landlord's lender and qualified to do business in the term of this Lease a State. Each policy or policies of worker's compensation (or its equivalent provided such is approved by shall name Landlord, such not to be unreasonably withheld) and commercial general liability insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in at Landlord's reasonable discretion based upon inflation or upon the type request any mortgagee of business conducted by Tenant in the PremisesLandlord, as an additional insured, as their respective interests may appear. Said policies Each policy shall contain (i) name Landlord as an additional insured and insure Landlord's contingent a cross-liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord)endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be issued on an occurrence (not claims made) basisprimary and non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (iii) be issued a waiver by an insurance company which is acceptable to the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (ivauthenticated by the insurer) provide that said or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall not be cancelled unless delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days prior after any demand by Landlord therefor. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancellable except after twenty (20) days written notice shall have been given to Landlord and Landlord's lender. In addition to the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected furnish Landlord with renewals or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said "binders~'of any such policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty ten (3010) days prior to the effective date of each renewal of said insuranceexpiration thereof. Tenant will agrees that if Tenant does not permit the Premises to take out and maintain such insurance, Landlord may (but shall not be used for any purpose or in any manner that would (irequired to) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any procure said insurance on the Premises or the Building is caused by Tenant's use of behalf and charge the Tenant the premiums together with a twenty-five percent (25%) handling charge, payable upon demand. Tenant shall have the right to provide such insurance coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the Premises, or because Landlord, Landlord's mortgagee and Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandas required by this Lease.

Appears in 1 contract

Samples: Unify Corp

Tenant’s Insurance. Tenant, at its own expense, shall procure and maintain during the term Term of this Lease a policy special form all risk property insurance covering the full replacement cost of all property and improvements installed or policies of placed in the Premises, including without limitation the tenant improvements described in EXHIBIT D attached hereto; worker's compensation (or its equivalent provided such is approved insurance with no less that the minimum limits required by Landlord, such not to be unreasonably withheld) law and commercial general employer's liability insurance, including personal injury and property damage, insurance with contractual liability endorsement, in the amount a minimum limit of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million and 00/100 Dollars ($1,000,000.00) per occurrence occurrence. Tenant shall also, at Tenant's sole cost and expense, for the benefit of Landlord, Landlord's manager and Tenant, maintain comprehensive commercial general liability insurance with broad liability endorsement against claims for personal injuries injury, death or deaths of persons property damage occurring upon, in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premises. Said Such insurance shall afford protection to Landlord, its managing agent and Tenant to the limit of not less than Three Million and 00/100 Dollars ($3,000,000.00) per occurrence, and Three Million and 00/100 Dollars ($3,000,000.00) aggregate, combined single limit bodily injury and property damage. Such policies of insurance shall (i) name Landlord as an additional insured and insure Landlord's contingent liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (and not claims made) a claims-made basis, (iii) be issued by an insurance company which is acceptable written in companies reasonably satisfactory to Landlord, name Landlord, Landlord's directors, officers, members, shareholders, agents and (iv) provide that said insurance shall employees as additional insureds thereunder, not be cancelled cancelable unless thirty (30) 30 days prior written notice shall have been given to Landlord. In addition to the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit ofsuch policies, or by a memorandum or for Tenantcertificate of such insurance, inclusive of the shall, prior to Tenant Finish Work, and covering all contents taking possession of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord endorsed "Premium Paid" by Tenant upon commencement the company or agency issuing the same or accompanied by other evidence satisfactory to Landlord that the premium thereon has been paid. Further, the commercial liability, shall be issued by insurance companies which are reasonably acceptable to Landlord. At such time as insurance limits required of the term of the Lease and at least thirty (30) days prior to the effective date of each renewal of said insurance. Tenant will not permit the Premises to be used for any purpose or tenants in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase similar buildings in the cost of any insurance on the Premises or area in which the Building is caused located are generally increased to greater amounts, Landlord shall have the right to require by written notice to Tenant such greater limits as may then be customary. Tenant agrees to include in such policy the contractual liability coverage insuring Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant indemnification obligations provided for herein. Tenant's liability coverage shall pay the amount of such increase be deemed primary to Landlord upon demandany liability coverage secured by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Carter Holdings Inc)

Tenant’s Insurance. Tenant, at its own expense, (a) Tenant shall maintain during carry the term of this Lease a policy or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial comprehensive general liability insurance, including personal injury insurance required by Section 5.02 hereof and property damage, with contractual liability endorsement, shall also carry fire and extended coverage insurance on Tenant's Personal Property in the Leased Premises in the amount of Five Hundred Thousand Dollars their full replacement cost ($500,000.00) for property damages subject only to a reasonable deductible and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths co-insurance factor). In addition, Tenant shall maintain workers' compensation insurance and all such other insurance relating to Tenant's use and occupancy of persons occurring in or about the Leased Premises and the Project; provided, such limits Building as may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted required by applicable law. All such policies required to be carried by Tenant hereunder and all evidence of insurance provided to Landlord shall be issued by responsible, financially sound companies qualified to do business and in good standing in the Premises. Said policies Commonwealth of Massachusetts and shall contain an endorsement showing that Landlord and each holder of a Mortgage (idisclosed in writing to Tenant) name Landlord is included as an additional insured and insure Landlord's contingent liability under this Lease (except for the worker's as to workers' compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlordinsurance), (ii) be issued on as its interests may appear and an occurrence (endorsement whereby the insurer agrees not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlord, and (iv) provide that said insurance shall not be cancelled unless cancel or alter the policy without at least thirty (30) days prior written notice shall have been given to Landlord. In addition , to the above, Tenant shall maintain insurance insuring the interest holder of Tenant and covering all of Tenant's property such Mortgage and all partitionsother named insureds. Tenant shall, fixtures, additions and other improvements that may have been constructed, erected on or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive prior to occupying any portion of the Tenant Finish WorkLeased Premises, deposit with Landlord certificates of such insurance, and covering all contents thereafter, on or prior to fifteen (15) days before the expiration date of any coverage thereunder, shall deposit with Landlord certificates evidencing the renewal of such policies. Any such insurance may be maintained by Tenant under a blanket policy or policies; provided, however, that the minimum amount of the total insurance afforded by such blanket policy which shall be allocable to the Leased Premises and any sublimits of such policy allocable to the Leased Premises, shall be in an amount amounts which shall not be less than the amounts of the insurance required hereunder, and the protection afforded to Landlord and each holder of a Mortgage under such policy shall be not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said that which would have been afforded under a separate policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty (30) days prior relating only to the effective date of each renewal of said insurance. Tenant will not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Leased Premises, or because Tenant vacates and the Premises, then Tenant certificate evidencing such insurance shall pay contain provisions confirming the amount of such increase to Landlord upon demandforegoing.

Appears in 1 contract

Samples: Section Page (Houghton Mifflin Co/Fa)

Tenant’s Insurance. Tenant, at its own Tenant's sole cost and expense, shall maintain during obtain and keep in full force and effect i) an "all risk" insurance policy for Tenant's Property at the term of this Lease Premises, and ii) a policy or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insurance, including personal injury and property damagedamage insurance on an occurrence basis, with a broad form contractual liability endorsementendorsement (the insurance policy described in this clause (ii) being referred to herein as the "Liability Policy"). Such policies shall name Tenant as the insured. Landlord, in Landlord's managing agent, and any Lessors and any Mortgagees (whose names have been furnished to Tenant) shall be named as additional insureds on such policies, as their respective interests may appear. The Liability Policy 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 Five Hundred Thousand Dollars any loss sustained, and ($500,000.00b) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may policy shall be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premises. 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, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable non-cancelable with respect to Landlord, Landlord's managing agent, and (iv) provide that said insurance shall not be cancelled such Lessors and Mortgagees unless thirty (30) days prior written notice shall have has been given to Landlord. In addition to , which notice shall contain the above, Tenant shall maintain insurance insuring policy number and the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive names of the Tenant Finish Workinsured and additional insureds, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty (30) days prior to the effective date of each renewal of said insurance. Tenant will not permit the Premises to be used any such cancellation for any purpose reason other than the non-payment of premium, or in at least ten (10) days prior to the effective date of any manner that would (such cancellation by reason of non-payment of premium. If i) void any insurance obtained by Tenant covers Alterations, and ii) this Lease does not terminate after the insurance thereonoccurrence of a fire or other casualty, then (a) Tenant, promptly after the occurrence of such fire or other casualty, shall make an appropriate claim against its insurer in respect thereof, (iib) increase Tenant shall not settle, adjust or compromise any such claim without Landlord's prior approval, which approval Landlord shall not unreasonably withhold or delay, and (c) Tenant shall pay to Landlord any amounts recovered from Tenant's insurer for damage to such Alterations caused by such fire or other casualty, promptly after Tenant's receipt thereof from such insurer (it being agreed, however, that Landlord's obligation to restore such Alterations to the extent otherwise provided herein shall be unaffected by the inadequacy of such insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in to cover the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then such restoration). Tenant shall pay the amount of such increase deliver promptly to Landlord upon demand.a copy of any notice of cancellation or any other notice from the insurance carrier which may adversely

Appears in 1 contract

Samples: Agreement of Lease (Enote Com Inc)

Tenant’s Insurance. TenantTenant shall maintain insurance complying with all of the following: Tenant shall procure, pay for and keep in full force and effect, at its own expense, shall maintain all times during the term of this Lease a policy or policies of worker's compensation (or its equivalent provided such is approved by LandlordTerm, such not to be unreasonably withheld) the following; Commercial General Liability insurance insuring Tenant against liability for bodily injury, death, property damage and commercial general liability insurance, including personal injury and property damageoccurring at the Leased Premises, with contractual liability endorsementor resulting from Tenant's use or occupancy of the Leased Premises or the Building, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries Outside Areas, Property, or deaths of persons occurring Common Areas or resulting from Tenant's activities in or about the Leased Premises. Such insurance shall be on an occurrence basis with a combined single limit of liability of not less than the amount of Tenant's Required Liability Coverage (as set forth in Article 1). The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds in the form equivalent to CG20111185 or successor and shall contain the following additional endorsement: "The insurance afforded to the additional insureds is primarily insurance. If the additional insureds have other insurance which is applicable to the loss on a contributing, excess or contingent basis, the amount of this insurance company's liability under this policy shall not be reduced by the existence of such other insurance. Any insurance carried by the additional insureds shall be excess and non contributing with the insurance provided by the tenant." The policy shall not be canceled or reduced without at least 30 days written notice to additional insureds. If the policy insures more than one location, it shall be endorsed to show that the limits and aggregate apply per location using endorsement CG25041185 or successor. Tenant's policy shall also contain the severability of interest and cross-liability endorsement or clauses. Fire and property damage insurance in so-called Special Form insuring Tenant against loss from physical damage to Tenant's property and improvements within the Leased Premises with coverage for the full actual replacement cost thereof; Boiler and machinery insurance, if applicable; including without limitation Liquor Liability insurance for liability arising out of the Projectdistribution, sale, or consumption of food and/or beverages including alcoholic beverages at the Leased Premises for not less than the Tenant's Required Liability Coverage as set forth in Article 1. Workers' compensation insurance. Tenant may self insure for workers' compensation insurance. With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, contingent liability and builder's risk insurance, in an amount and with coverage satisfactory to Landlord; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type and Business Income Insurance at a minimum of 50% coinsurance including coverage for loss of business conducted income due to damage to equipment from perils covered under the so-called Special Form. Each policy of liability insurance required to be carried by Tenant in pursuant to this Article or actually carried by Tenant with respect to the Premises. Said policies shall Leased Premises or the Property (i) name Landlord as an additional insured and insure shall be in a form reasonably satisfactory to Landlord's contingent liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) Shall be issued on an occurrence (not claims made) basisprovided by carriers licensed to do business in the state of California, (iii) be issued by an insurance company which is with a Best rating of "A/Vi" or better and/or reasonably acceptable to Landlord, and (iv) provide that said . Property insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord, its principal, employees, agents and contractors which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its principals, employees, agents or contractors. In addition Prior to the abovetime Tenant or any of its contractors enters the Leased Premises, Tenant shall maintain deliver to the Landlord with respect to each policy of insurance insuring the interest of required to be carried by Tenant and covering all of Tenant's property and all partitionspursuant to this article, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive a certificate of the Tenant Finish Workinsurer certifying, in a form reasonably satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured, and covering all contents including the wording under primary insurance above. With respect to each renewal or replacement of any such insurance, the Premises, in an amount requirements of this Article must be complied with not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty (30) 30 days prior to the effective date expiration or cancellation of each renewal of said insurancethe policy being renewed or replaced. Tenant will not permit the Premises Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be used for any purpose or in any manner that would (i) void carried by Tenant pursuant to this article. See Addendum. The Commercial General Liability insurance carried by Tenant shall specifically insure the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use performance by Tenant of the Premises for Indemnification provisions set forth in Article 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the receipt, storage or handling liability of any product, material or merchandise that is explosive or highly inflammable. If any increase Tenant under the Indemnification provisions set forth in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandsaid Article 8.2.

Appears in 1 contract

Samples: Acceptance Agreement (Mattson Technology Inc)

Tenant’s Insurance. TenantTo the extent Tenant operates a business in the ------------------ premises, Tenant shall, at its own Tenant's expense, shall maintain during the Lease Term (and, if Tenant shall occupy or conduct activities in or about the Premises prior to or after the Lease Term, then also during such pre-term of this Lease a policy or policies of worker's compensation post-term period): (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheldi) and commercial comprehensive general liability insurance, insurance including personal injury and property damagecontractual liability coverage, with contractual liability endorsement, in the amount a minimum coverage of Five Hundred Thousand Dollars ($500,000.00500,000) for property damages and per occurrence/One Million Dollars ($1,000,000.001,000,000) per occurrence general aggregate, for personal injuries to, or deaths of illness or death of, persons and damage to property occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlordor otherwise resulting from Tenant's reasonable discretion based upon inflation or upon the type of business conducted by Tenant operations in the Premises. 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, which instead shall include waiver of subrogation endorsement in favor of Landlord)Building, (ii) be issued on an occurrence property insurance protecting Tenant against loss or damage by fire and such other risks as are insurable under then- available standard forms of "all risk" insurance policies (not claims made) basisexcluding earthquake and flood but including water damage), (iii) be issued by an insurance company which is acceptable to Landlord, and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition to the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit ofReal Property and also covering any fixtures that may belong to Tenant and any Alterations not in the nature of ordinary office improvements, or by or for Tenant, inclusive but excluding the improvements existing in the Premises as of the Tenant Finish Work, and covering all contents date of Tenant's initial occupancy of the Premises, in an amount for not less than one hundred eighty percent (10080%) of the full replacement cost value thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism without deduction for depreciation; and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty (30) days prior to the effective date of each renewal of said insurance. Tenant will not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause workers' compensation insurance in statutory limits. The above- described comprehensive general liability insurance shall protect Tenant, as named insured, and Landlord and all the disallowance Indemnities, as defined in Paragraph 14, and any other parties designated by Landlord, as additional insurers; shall insure Landlord's and such other parties' contingent liability with regard to acts or omissions of any sprinkler creditsTenant; and shall specifically include all liability assumed by Tenant under this Lease (provided, including without limitationhowever, use of the Premises for the receipt, storage that such contractual liability coverage shall not limit or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by be deemed to satisfy Tenant's use of indemnity obligations under this Lease). Landlord reserves the Premises, or because Tenant vacates right to reasonably increase the Premises, then Tenant shall pay the foregoing amount of such increase liability coverage from time to time as Landlord's insurance consultant determines is required to adequately protect Landlord upon demandand the other parties designated by Landlord from the matters insured thereby.

Appears in 1 contract

Samples: Lease Unit (Natus Medical Inc)

Tenant’s Insurance. TenantEffective as of the earlier of: (1) the date Tenant enters or occupies the Premises; or (2) the Commencement Date, at its own expenseand continuing throughout the Term, Tenant shall maintain during the term of this Lease a policy or policies of worker's compensation following insurance policies: (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheldA) and commercial general liability insuranceinsurance in amounts of no less than $3,000,000 per occurrence, or, following the expiration of the initial Term, such other amount as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord’s property management company and Landlord’s lender against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment with an additional insured endorsement in form approved in writing by Landlord; (B) Automobile Liability covering any owned, non-owned, leased, rented or borrowed vehicles of Tenant with limits no less than $3,000,000 combined single limit for property damage and bodily injury; (C) All Risk Property insurance covering the full value (less reasonable deductibles) of all Alterations and improvements and betterments in the Premises, naming Landlord and Landlord’s Mortgagee (as defined in Section 12(a)) as additional loss payees as their interests may appear; (D) All Risk Property insurance covering the full value (less reasonable deductibles) of all furniture, trade fixtures and personal injury and property damage, with (including property of Tenant or others) in the Premises or otherwise placed in the Project by or on behalf of a Tenant Party (including Tenant’s Off-Premises Equipment) it being understood that no lack or inadequacy of insurance by Tenant shall in any event make Landlord subject to any claim by virtue of any theft of or loss or damage to any uninsured or inadequately insured property; (E) contractual liability endorsementinsurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy); (F) worker’s compensation insurance in amounts not less than statutorily required, and Employers’ Liability insurance with limits of not less than $3,000,000; (G) business interruption insurance in an amount that will reimburse Tenant for direct or indirect loss of earnings attributable to all perils insured against under Section 11(a)(2)(C) or attributable to the prevention of access to the Building or Premises; (H) in the amount of Five Hundred Thousand Dollars event Tenant performs any alterations or repairs in, on, or to the Premises, Builder’s Risk Insurance on an All Risk basis ($500,000.00including collapse) on a completed value (non-reporting) form, or by endorsement including such coverage pursuant to Section 11(a)(2)(C) hereinabove, for property damages full replacement value covering all work incorporated in the Building and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring all materials and equipment in or about the Premises and the ProjectPremises; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premises. 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, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlord, and (ivI) provide that said insurance shall upon not be cancelled unless less than thirty (30) days’ prior notice to Tenant, such other insurance or endorsements to the insurance required herein as Landlord, or any mortgagee or lessor of Landlord may reasonably require, and which are consistent with coverages typically being required by owners or mortgagees of buildings substantially similar to the Building in the Minneapolis-St. Xxxx metropolitan area. Subject to Section 11(c), Tenant’s insurance shall provide primary coverage to Landlord and shall not require contribution by any insurance maintained by Landlord, when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. Tenant shall furnish to Landlord certificates of such insurance, with an additional insured endorsement in form approved in writing by Landlord, and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required hereunder at least five (5) days prior written notice shall have been given to Landlord. In addition to the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive earlier of the Commencement Date or the date Tenant Finish Work, and covering all contents of enters or occupies the Premises, in an amount not less than one hundred percent and at least fifteen (100%15) days prior to each renewal of said insurance, and Tenant shall endeavor to obtain a written obligation on the replacement cost thereof insuring against the perils part of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered each insurance company to notify Landlord by Tenant upon commencement of the term of the Lease and at least thirty (30) days prior to the effective date of each renewal of said insurance. Tenant will not permit the Premises to be used for any purpose before cancellation or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance a material change of any sprinkler creditssuch insurance policies. All such insurance policies shall be in form, including without limitationand issued by companies licensed to do business in the State (defined below) and with a Best’s rating of A:VII or better, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammablereasonably satisfactory to Landlord. If Tenant fails to comply with the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any increase in the cost of any other remedy available pursuant to this Lease or otherwise, may, but shall not be obligated to, after five (5) days’ written notice to Tenant, obtain such insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then and Tenant shall pay the amount of such increase to Landlord upon demandon demand the premium costs thereof. It is expressly understood and agreed that the foregoing minimum limits of insurance coverage shall not limit the liability of Tenant for its acts or omissions as provided in this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Cray Inc)

Tenant’s Insurance. Tenant, Tenant shall keep in force at its own ------------------ expense, shall maintain during the term of so long as this Lease remains in effect, (a) public liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant's personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen's compensation or similar insurance offering statutory coverage and containing statutory limits, and (d) shall insure all interior plate and other interior glass in the Premises for and in the name of Landlord. Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of worker's compensation (such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its equivalent provided such is approved by designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days' written notice to Landlord or its designees. All such policies of insurance shall be unreasonably withheldeffective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non- deductible (i) and commercial comprehensive general liability insuranceinsurance policy, including personal injury and property damageincluding, with but not limited to, contractor's liability coverage, contractual liability endorsementcoverage, in the amount completed operations coverage, broad form property damage endorsement and contractor's protective liability coverage, to afford protection with limits per person and for each occurrence, of Five not less than Two Hundred Thousand Dollars ($500,000.00200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) for property damages workmen's compensation insurance or similar insurance in form and One Million Dollars ($1,000,000.00) per occurrence for personal injuries amounts as required by law. In the event of damage to or deaths destruction of persons occurring in or about the Premises and the Project; providedtermination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such limits insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be adjusted upward issued, and in such event Tenant agrees to pay promptly upon Landlord's reasonable discretion based upon inflation or upon demand, as additional rent the type of business conducted by Tenant in the Premises. Said policies shall (i) name Landlord as an additional insured and insure Landlord's contingent liability under this Lease (except premiums for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlord, and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition to the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty (30) days prior to the effective date of each renewal of said such insurance. Tenant will not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demand.

Appears in 1 contract

Samples: Agreement of Lease (Dialysis Corp of America)

Tenant’s Insurance. Tenant, at its own expensesole cost and expense but for the mutual benefit of Landlord (when used in this Section 10.A. the term “Landlord” shall include Landlord’s partners, beneficiaries, officers, agents, servants and employees and the term “Tenant” shall maintain include Tenant’s partners, beneficiaries, officers, agents, servants and employees), agrees to purchase and keep in force and effect during the term hereof, insurance, under policies issued by insurers of this Lease recognized responsibility licensed to do business in the State of Tennessee with a policy Best’s rating of A/X or policies better, on all alterations, additions, and improvements owned by Tenant, and on all personal property of worker's compensation Tenant located in the Premises, protecting Landlord and Tenant from damage or other loss caused by fire or other casualty, including but not limited to vandalism and malicious mischief, perils covered by extended coverage, theft, sprinkler leakage, water damage (however caused), explosion malfunction or its equivalent provided failure of heating and cooling or other apparatus, and other similar risks in amounts not less than the full insurable replacement value of such property. Such property insurance shall provide that it is approved by Landlord, specific and non-contributory and shall contain a replacement cost endorsement. Such insurance shall also contain a clause pursuant to which the insurance carriers waive all rights of subrogation against the Landlord with respect to losses payable under such not policies. Tenant also agrees to be unreasonably withheld) and maintain commercial general liability insuranceinsurance covering Tenant as the insured party, including personal and naming Landlord as an additional insured, against claims for bodily injury and death and property damagedamage occurring in or about the Premises, with contractual liability endorsement, in the amount limits of Five Hundred Thousand Dollars ($500,000.00) for property damages and not less than One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths and Five Million Dollars ($5,000,000.00) general aggregate. Tenant shall, prior to commencement of persons occurring in or about the Premises and the Project; providedterm, furnish to Landlord certificates evidencing such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premises. 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 policycoverage, which instead certificates shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an state that such insurance company which is acceptable to Landlord, and (iv) provide that said insurance shall coverage may not be cancelled unless changed or canceled without at least thirty (30) days prior written notice shall have been given to LandlordLandlord and Tenant. In addition to the above, event Tenant shall maintain insurance insuring fail to procure such insurance, Landlord may at its option after giving Tenant no less than ten (10) days prior written notice of its election to do so procure the interest same for the account of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered paid to Landlord as additional rent upon receipt by Tenant upon commencement of bills therefor. Tenant may satisfy the term insurance requirements provided above under a blanket policy covering the Premises and other locations of Tenant, provided that the Lease and at least thirty (30) days prior protection provided under such blanket policy shall be no less than that which would have been offered under separate policy relating only to the effective date of each renewal of said insurance. Tenant will not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demand.

Appears in 1 contract

Samples: Office Space Lease (AAC Holdings, Inc.)

Tenant’s Insurance. Tenant, (a) Tenant shall obtain at its own expenseexpense and keep in full force and effect during the term of this Lease, 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 Owner, Owner’s managing agent, the present and any future mortgagee of the Real Property or the Building and/or such other designees specified by Owner from time to time, are named as additional insured. 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 Owner 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 insured 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 $1,000,000 for injury (or death) and damage to property or such greater amounts and other coverages as Owner may, from time to time, reasonably require. Tenant shall also maintain at its own expense during the term of this Lease a policy or policies of worker's workers’ compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) insurance providing statutory benefits for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the PremisesTenant’s employer’s liability. 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, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlord, and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition to the above, Tenant shall maintain insurance insuring the interest provide to Owner upon execution of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the this Lease and at least thirty (30) days prior to the termination of any existing policy, a certificate evidencing the effectiveness of the insurance policies required to be maintained hereunder which shall include the named insured, additional insured, carrier, policy number, limits of liability, effective date date, the name of each renewal of said insurancethe insurance agent and its telephone number. Tenant will not permit the Premises shall provide Owner with a complete copy of any such policy upon written request of Owner. Tenant shall have no right to be used for obtain any purpose or in any manner that would (i) void of the insurance thereonrequired hereunder pursuant to a blanket policy covering other properties unless the blanket policy contains an endorsement that names Owner, (ii) increase Owner’s managing agent and/or designees specified by Owner from time to time, as additional insured, references the insurance riskDemised Premises, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises and guarantees a minimum limit available for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Demised Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay equal to the amount of insurance required to be maintained hereunder. Each policy required hereunder shall contain a clause that the policy and the coverage evidenced thereby shall be primary with respect to any policies carried by Owner, and that any coverage carried by Owner shall be excess insurance. The limits of the insurance required under this subsection shall 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 where the Building containing the Demised Premises is located, and rated in Bests Insurance Guide, or any successor thereto (or if there be none, an organization having a national reputation) as having general policyholder rating approved by Owner, such increase approval not to Landlord be unreasonably withheld, and a financial rating approved by Owner, such approval not to be unreasonably withheld. In the event that Tenant fails to continuously maintain insurance as required by this subsection, Owner may, at its option and without relieving Tenant of any obligation hereunder, order such insurance and pay for the same at the expense of Tenant. In such event, Tenant shall repay the amount expended by Owner, with interest thereon, immediately upon demandOwner’s written demand therefor. The insurance company selected by the Owner shall be approved by Tenant, such approval not to be unreasonably withheld.

Appears in 1 contract

Samples: Agreement of Lease (Edgar Online Inc)

Tenant’s Insurance. Tenant, at its own expense, shall maintain during provide and keep in force with companies reasonably acceptable to Landlord public liability insurance for the term benefit of Landlord and Tenant jointly against liability for bodily injury and property damage in the amount at the beginning of the Term of not less than $2,000,000.00 combined single limit (which may be by virtue of an umbrella policy). Landlord hereby consents to the Hartford Company as Tenant's insurer, and shall not withhold consent to any insurer with a rating at least as good as The placeCityHartford as of the date of this Lease. Tenant shall keep all of Tenant's fixtures, furniture, furnishings, and equipment insured against loss or damage by fire or other hazards included within the usual "all risk" insurance in an amount not less than 100% of the full insurable replacement value thereof. Tenant shall furnish Landlord with certificates of such policies within thirty (30) days after the Commencement Date of this Lease and whenever required shall satisfy Landlord that such policies are in full force and effect. All such policies shall be obtained from responsible companies qualified to do business in the placePlaceTypeCommonwealth of PlaceNameMassachusetts and in good standing therein and shall be in a policy or policies of worker's compensation (or its equivalent provided such is form reasonably approved by Landlord, such not to be unreasonably withheld) . Such policies shall name Landlord and commercial general liability insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted first mortgagee as additional insureds and shall be primary and non-contributing with any insurance carried by Tenant in the PremisesLandlord. Said All such 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, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlord, and (iv) further provide that said insurance such policies shall not be cancelled unless or altered without at least thirty (30) days prior written notice shall have been given to Landlord. In addition to the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty (30) days prior to the effective date of each renewal of said insurance. Tenant will not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demand.

Appears in 1 contract

Samples: Lease Agreement (Bridgeline Software, Inc.)

Tenant’s Insurance. TenantTenant agrees, at its own expensesole cost, to insure its personal property, trade fixtures, Specialized Tenant Improvements and other Alterations not required to be insured by Landlord against damage for their full replacement value (without depreciation). Said insurance shall maintain during the term provide All Risk or Special Cause of this Lease a policy or policies of worker's compensation Loss coverage (or its equivalent or industry replacement) equal to the replacement cost of said property. The property insurance provided such is approved by LandlordTenant as required by this paragraph shall be carried in favor of Landlord and Tenant as their respective interests may appear and shall provide that any loss to Alterations shall be adjusted with and be payable to both Landlord and Tenant. Tenant agrees, such at its sole cost, to obtain and maintain throughout the Lease Term Commercial General Liability insurance for occurrences within the Project with a combined single limit of not to be unreasonably withheld) and commercial general liability insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of less than Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence 5,000,000), worker’s compensation insurance in compliance with statutory requirements, and Employer’s Liability with a limit of not less than Five Million Dollars ($5,000,000). Tenant’s liability insurance shall be primary insurance containing a cross-liability endorsement, and shall provide coverage on an “occurrence” rather than on a “claims made” basis. All such insurance shall provide for personal injuries severability of interests; shall provide that an act or deaths omission of persons occurring in one of the named or about additional insureds shall not reduce or avoid coverage to the Premises other named or additional insureds. Tenant shall name Landlord, Landlord’s affiliates and the Project; provided, such limits may be adjusted upward in property manager and Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premises. Said ’s lenders as additional insureds on Tenant’s liability policies and shall (i) name Landlord and Landlord’s lenders as an additional insured and insure Landlord's contingent liability under this Lease (except for the worker's compensation policy, which instead loss payees on its property insurance. Tenant shall include provide a waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basisLandlord’s affiliates and property manager for worker’s compensation and employer’s liability. Tenant shall deliver to Landlord a copy of all required policies and renewal certificates, (iii) be issued by an insurance company which is or other evidence of coverage reasonably acceptable to Landlord, evidencing the coverage required of Tenant, prior to the earlier of the Commencement Date or first entry to ready any portion of the Premises for Tenant’s occupancy, and before expiration of any such policies, but in no event later than five (iv5) days before the scheduled expiration of such policies. All insurance policies required under this Section 10.C shall provide that said insurance shall not be cancelled unless thirty the insurer will endeavor to provide give ten (3010) days days’ prior written notice to Landlord of any cancellation, termination, or reduction in coverage, but in any case Tenant shall have been given be obligated to Landlordnotify Landlord of the occurrence of any such event not later than five (5) days after Tenant becomes aware of any such event. In addition to Notwithstanding the above, Tenant shall obtain and maintain insurance insuring throughout the interest Lease Term, at Tenant’s sole cost and expense, such increased amounts of Tenant and covering all of Tenant's property and all partitions, fixtures, additions coverage and other improvements forms and amounts of insurance as may be reasonably requested by Landlord from time to time, but no more than once in any five (5) year period, provided that may have been constructedsuch increased or new amounts or types of insurance are reasonably available and are required of comparable tenants by landlords of comparable buildings in Santa Xxxxx County, erected California. In no event shall the types or installed in limits of any insurance policies maintained or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall required to be delivered to Landlord maintained under this Lease by Tenant upon commencement of the term of the Lease and at least thirty (30) days prior to the effective date of each renewal of said insurance. Tenant will not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler creditsits contractors limit Tenant’s liability under this Lease, including without limitationlimitation Tenant’s indemnification, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demanddefense and hold harmless obligations.

Appears in 1 contract

Samples: Lease (Extreme Networks Inc)

Tenant’s Insurance. Tenanta. All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and Landlord's lender and qualified to do business in the State. Each policy shall name Xxxxxxxx, and at its own expense, shall maintain during the term Xxxxxxxx's request any mortgagee of this Lease a policy or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insuranceas an additional insured, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits as their respective interests may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premisesappear. Said policies Each policy shall contain (i) name Landlord as an additional insured and insure Landlord's contingent a cross-liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord)endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be issued on an occurrence (not claims made) basisprimary and non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (iii) be issued a waiver by an insurance company which is acceptable to the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (ivauthenticated by the insurer) provide that said or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall not be cancelled unless delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days prior after any demand by Landlord therefor. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancellable except after twenty (20) days written notice shall have been given to Landlord and Landlord's lender. In addition to the above, Tenant shall maintain insurance insuring the interest furnish Landlord with renewals or "binders" of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said any such policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty ten (3010) days prior to the effective date of each renewal of said insuranceexpiration thereof. Tenant will agrees that if Xxxxxx does not permit the Premises to take out and maintain such insurance, Landlord may (but shall not be used for any purpose or in any manner that would (irequired to) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any procure said insurance on the Premises or the Building is caused by Tenant's use of behalf and charge the Tenant the premiums together with a twenty-five percent (25%) handling charge, payable upon demand. Tenant shall have the right to provide such insurance coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the Premises, or because Landlord, Xxxxxxxx's mortgagee and Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandas required by this Lease.

Appears in 1 contract

Samples: California Independent Bancorp

Tenant’s Insurance. TenantTenant agrees to maintain, at its own Tenant’s expense, shall maintain during in full force from the term date upon which Tenant first enters the Premises for any reason, throughout the Term of this Lease Lease, and thereafter so long as Tenant is in occupancy of any part of the Premises, (a) a policy or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insuranceand property damage insurance (including broad form contractual liability, including personal injury independent contractor’s hazard and completed operations coverage) in at least the amounts of $2,000,000 per occurrence/$3,000,000 aggregate (combined single limit) for property damage, bodily injury or death, under which Tenant is named as an insured and Landlord, (b) special form (formerly known as “all risk”) property insurance on a “replacement cost” basis, insuring Tenant’s property and any alterations, additions and improvements located from time to time in the Premises, whether made by Tenant pursuant to this Lease or otherwise existing in the Premises as of the Commencement Date (such alterations, additions and improvements collectively the “Improvements”), (c) workers’ compensation insurance with contractual statutory limits, (d) employer’s liability endorsementinsurance with the following limits: bodily injury by disease per person $1,000,000.00; bodily injury by accident policy limit $1,000,000.00; bodily injury by disease policy limit $1,000,000.00, and (e) business automobile liability insurance including owned, hired and non owned automobiles, in the an amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and not less than One Million Dollars ($1,000,000.00) combined single limit per occurrence for personal injuries or deaths of persons occurring in or about occurrence. Tenant may satisfy such insurance requirements by including the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premises. 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 a so-called “blanket” and/or “umbrella” insurance policy, which instead provided that the amount of coverage allocated to the Premises is pursuant to a “per location” endorsement shall include waiver of subrogation endorsement in favor of Landlord)fulfill the requirements set forth herein. Tenant’s insurance shall be primary to, (ii) be issued on an occurrence (and not claims made) basis, (iii) be issued contributory with any insurance carried by an insurance company which is acceptable to Landlord, and (iv) provide that said whose insurance shall not be cancelled unless considered excess only. Each policy required hereunder shall be non cancelable and non amendable with respect to Landlord and Landlord’s said designees without thirty (30) days days’ prior written notice. The policies of insurance required to be maintained by Tenant hereunder shall be issued by companies domiciled in the United States and qualified and licensed to conduct business in the state in which the Property is located, and shall be rated A:X or better in the most current issue of Best’s Key Rating Guide (or any successor thereto). At all times during the Term, such insurance shall be maintained, and Tenant shall cause a current and valid certificate of such policies to be deposited with Landlord. If Tenant fails to have a current and valid certificate of such policies on deposit with Landlord at all times during the Term and such failure is not cured within three (3) Business Days following Tenant’s receipt of notice thereof from Landlord, Landlord shall have been given the right, but not the obligation, to Landlord. In addition to the aboveobtain such an insurance policy, and Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered obligated to pay Landlord by Tenant upon commencement of the term of the Lease and at least thirty (30) days prior to the effective date of each renewal of said insurance. Tenant will not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of the premiums applicable to such increase to Landlord upon demandinsurance within ten (10) days after Tenant’s receipt of Landlord’s request for payment thereof. Tenant’s insurance policies shall not include deductibles in excess of Ten Thousand ($10,000.00) Dollars.

Appears in 1 contract

Samples: Lease Agreement (Ufp Technologies Inc)

Tenant’s Insurance. Tenant, at its own expense, Tenant shall maintain at all times during the term Term (i) “all risk” property insurance covering all present and future Tenant’s Property, Fixtures and Tenant’s Improvements and Betterments to a limit of this Lease a policy or policies of worker's compensation not less than the full replacement cost thereof, and (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheldii) and commercial general liability insurance, including personal injury and property damage, with a contractual liability endorsement, and personal injury liability coverage, in the amount respect of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation conduct or upon the type operation of business conducted by Tenant therein, with Landlord 225 Fourth Company and Orda Management Corporation (or any other such managing agent), and each Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (iii) boiler and machinery insurance, if there is a boiler, supplementary air conditioner or pressure object or similar equipment in the Premises. Said policies , with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee whose name and address shall (i) name Landlord have been furnished to Tenant, as an additional insured and insure Landlord's contingent liability under this Lease (except for the worker's compensation policyinsureds, which instead shall include waiver with limits of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlord, less than $5,000,000 and (iv) provide that said when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not be cancelled unless thirty limit the liability of Tenant. Tenant shall deliver to Landlord and any other additional insureds, at least ten (3010) days prior written notice shall have been given to Landlord. In addition to the abovePossession Date, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or such fully paid-for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant upon commencement shall procure and pay for renewals of such insurance from time to time before the term of the Lease expiration thereof, and Tenant shall deliver to Landlord and any other additional insureds such renewal policy or a certificate thereof at least thirty (30) days before the expiration of any existing policy. All such policies shall be issued by companies of recognized responsibility licensed to do business in New York State and rated by Best’s Insurance Reports or any successor publication of comparable standing as A-/VIII or better or the then equivalent of such rating, and all such policies shall, if available, contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least thirty (30) days’ prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property, Fixtures and Improvements and Betterments shall be payable to Tenant and shall be applied to the effective date of each renewal of said insurance. Tenant will not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use restoration of the Premises for in accordance with the receipt, storage or handling provisions of any product, material or merchandise that is explosive or highly inflammableSection 7.05. If any increase Tenant shall cooperate with Landlord in connection with the cost collection of any insurance on monies that may be due in the Premises or the Building is caused by Tenant's use event of the Premises, or because Tenant vacates the Premises, then loss and Tenant shall pay execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance monies. Landlord may from time to time (but not more frequently than once every twenty-four (24) months) require that the amount of such increase the insurance to Landlord upon demandbe maintained by Tenant under this Section 7.02 be increased, so that the amount thereof is equal to the amount of insurance which landlords of Comparable Buildings are then requiring to be carried by tenants with uses comparable to Tenant.

Appears in 1 contract

Samples: Lease (890 5th Avenue Partners, Inc.)

Tenant’s Insurance. Tenant shall maintain at all times during the Term (a) “all risk” property insurance covering all present and future Tenant’s Property, Fixtures and Tenant’s Improvements and Betterments to a limit of not less than the full replacement cost thereof, (b) intentionally omitted, (c) plate glass insurance covering all plate glass in the Premises, (d) boiler and machinery insurance, if there is a boiler, supplementary air conditioner or pressure object or similar equipment in the Premises, with Landlord, its managing agent, and any Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to Tenant, at its own expenseas additional insureds, shall maintain during the term with limits of this Lease a policy not less than such amount as is necessary, in Landlord’s reasonable determination, to replace any such boiler, supplementary air conditioner or policies of worker's compensation pressure object or similar equipment, (or its equivalent provided such is approved by Landlord, such not to be unreasonably withhelde) and commercial general liability insurance, including personal injury and property damage, with a contractual liability endorsement, and personal injury liability coverage, in the amount respect of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation conduct or upon the type operation of business conducted by Tenant therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $1,000,000 per occurrence and $2,000,000 in the Premises. Said policies shall aggregate, (f) Worker’s Compensation insurance meeting all state requirements and Employers Liability, (g) Auto liability insurance not less than $1,000,000 combined single limit, (h) Umbrella insurance excess of all liability insurance above not less than $4,000,000 and (i) name when Alterations are in process, the insurance specified in Section 4.02(f) hereof. The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord as an and any additional insured insureds, at least one (1) day prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and insure Landlord's contingent liability under this Lease pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds (except for the worker's compensation policyi) such renewal policy or a certificate thereof promptly after Tenant’s receipt thereof, which instead shall include waiver of subrogation endorsement in favor of Landlord), and (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which if Tenant is acceptable unable to Landlord, and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given deliver to Landlord. In addition to the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said Landlord such renewal policy or policies or certificates a certificate thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty (30) days before the expiration of any existing policy, Tenant shall deliver to Landlord other evidence reasonably satisfactory to Landlord confirming that such insurance policy was in fact renewed. All such policies shall be issued by companies of recognized responsibility licensed to do business in New York State and rated by Best’s Insurance Reports or any successor publication of comparable standing as A-/VIII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be cancelled, allowed to lapse or modified unless Landlord and any additional insureds are given at least thirty (30) days’ prior written notice of such cancellation, lapse or modification. All policies shall be primary and non-contributory with respect to the effective date any insurance carried by an additional insured. The proceeds of policies providing “all risk” property insurance of Tenant’s Property, Fixtures and Improvements and Betterments shall be payable to Landlord, Tenant and each renewal of said insuranceSuperior Lessor and Superior Mortgagee as their interests may appear. Tenant will not permit shall provide reasonable cooperation to Landlord in connection with the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost collection of any insurance on monies that may be due in the Premises or the Building is caused by Tenant's use event of the Premises, or because Tenant vacates the Premises, then loss and Tenant shall pay execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance monies. Landlord may from time to time require that the amount of such increase the insurance to Landlord upon demandbe maintained by Tenant under this Section 7.02 be increased to the prevailing level customarily carried with respect to similar properties in New York City.

Appears in 1 contract

Samples: Lease (Intercept Pharmaceuticals Inc)

Tenant’s Insurance. Tenant, at its own expense, a. All insurance required to be carried by Tenant hereunder shall maintain during be issued by responsible insurance companies acceptable to Landlord and Landlord's lender and qualified to do business in the term of this Lease a State. Each policy or policies of worker's compensation (or its equivalent provided such is approved by shall name Landlord, such not to be unreasonably withheld) and commercial general liability insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in at Landlord's reasonable discretion based upon inflation or upon the type request any mortgagee of business conducted by Tenant in the PremisesLandlord, as an additional insured, as their respective interests may appear. Said policies Each policy shall contain (i) name Landlord as an additional insured and insure Landlord's contingent a cross-liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord)endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be issued on an occurrence (not claims made) basisprimary and non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (iii) be issued a waiver by an insurance company which is acceptable to the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (ivauthenticated by the insurer) provide that said or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall not be cancelled unless delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days prior after any demand by Landlord therefor. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable except after twenty (20) days written notice shall have been given to Landlord and Landlord's lender. In addition to the above, Tenant shall maintain insurance insuring the interest furnish Landlord with renewals or "binders" of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said any such policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty ten (3010) days prior to the effective date of each renewal of said insuranceexpiration thereof. Tenant will agrees that if Tenant does not permit the Premises to take out and maintain such insurance, Landlord may (but shall not be used for any purpose or in any manner that would (irequired to) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any procure said insurance on the Premises or the Building is caused by Tenant's use of behalf and charge the Tenant the premiums together with a twenty-five percent (25%) handling charge, payable upon demand. Tenant shall have the right to provide such insurance coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the Premises, or because Landlord, Landlord's mortgagee and Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandas required by this Lease.

Appears in 1 contract

Samples: Office Building Lease (Centennial First Financial Services)

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Tenant’s Insurance. Tenant, at its own expense, (a) Tenant shall maintain during carry the term of this Lease a policy or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial comprehensive general liability insurance, including personal injury insurance required by Section 5.02 hereof and property damage, with contractual liability endorsement, shall also carry fire and extended coverage insurance on Tenant’s Personal Property in the Leased Premises in the amount of Five Hundred Thousand Dollars their full replacement cost ($500,000.00) for property damages subject only to a reasonable deductible and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths co-insurance factor). In addition, Tenant shall maintain workers’ compensation insurance and all such other insurance relating to Tenant’s use and occupancy of persons occurring in or about the Leased Premises and the Project; provided, such limits Building as may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted required by applicable law. All such policies required to be carried by Tenant hereunder and all evidence of insurance provided to Landlord shall be issued by responsible, financially sound companies qualified to do business and in good standing in the Premises. Said policies Commonwealth of Massachusetts and shall contain an endorsement showing that Landlord, its managing agent, and each holder of a Mortgage (idisclosed in writing to Tenant) name Landlord is included as an additional insured and insure Landlord's contingent liability under this Lease (except for the worker's as to workers compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlordinsurance), (ii) be issued on as its interests may appear and an occurrence (endorsement whereby the insurer agrees not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlord, and (iv) provide that said insurance shall not be cancelled unless cancel or alter the policy without at least thirty (30) days prior written notice shall have been given to Landlord. In addition , to the above, Tenant shall maintain insurance insuring the interest holder of Tenant and covering all of Tenant's property such Mortgage and all partitionsother named insureds. Tenant shall, fixtures, additions and other improvements that may have been constructed, erected on or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive prior to occupying any portion of the Tenant Finish WorkLeased Premises, deposit with Landlord certificates of such insurance, and covering all contents thereafter, on or prior to fifteen (15) days before the expiration date of any coverage thereunder, shall deposit with Landlord certificates evidencing the renewal of such policies. Any such insurance may be maintained by Tenant under a blanket policy or policies; provided, however, that the minimum amount of the total insurance afforded by such blanket policy which shall be allocable to the Leased Premises and any sublimits of such policy allocable to the Leased Premises, shall be in an amount amounts which shall not be less than the amounts of the insurance required hereunder, and the protection afforded to Landlord and each holder of a Mortgage under such policy shall be not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said that which would have been afforded under a separate policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty (30) days prior relating only to the effective date of each renewal of said insurance. Tenant will not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Leased Premises, or because Tenant vacates and the Premises, then Tenant certificate evidencing such insurance shall pay contain provisions confirming the amount of such increase to Landlord upon demandforegoing.

Appears in 1 contract

Samples: Houghton Mifflin Co

Tenant’s Insurance. TenantTenant shall, at its own sole cost and expense, shall obtain and maintain during throughout the term of this Lease Lease, on a policy full replacement cost basis, "all risk" insurance covering all of Tenant's inventory, furniture, furnishings, fixtures, equipment and all tenant improvements or policies of worker's compensation tenant finish (whether or its equivalent provided such is approved not installed by Landlord, such not to be unreasonably withheld) and commercial betterments located on or within the Leased Premises. In addition, Tenant shall obtain and maintain, at its sole cost and expense, comprehensive general public liability insuranceinsurance providing coverage from and against any loss or damage occasioned by an accident or casualty on, about or adjacent to the Leased Premises, including protection against death, personal injury and property damage. Such liability coverage shall be written on an "occurrence" basis, with contractual liability endorsement, limits of not less than $1,000,000.00 combined single limit coverage. Initials All policies of insurance required to be carried by Tenant hereunder shall be written by an insurance company licensed to do business in the amount State of Five Hundred Thousand Dollars ($500,000.00) for property damages Colorado, and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premises. Said policies shall (i) name Landlord as an additional named insured and insure Landlord's contingent liability under this Lease (except for the worker's compensation policyand/or loss payee, which instead as Landlord may direct. Each such policy shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlord, and (iv) provide that said insurance same shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition to the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected changed or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and modified without at least thirty (30) days days' prior written notice to Landlord and any mortgagee of Landlord. Certificates evidencing the effective date extent and effectiveness of each renewal all Tenant's insurance shall be delivered to Landlord. The limits of said such insurance shall not, under any circumstances, limit the liability of Tenant under this Lease. In the event that Tenant fails to maintain any of the insurance required of it pursuant to this provision, Landlord shall have the right (but not the obligation) at Landlord's election, to pay Tenant's premiums or to arrange substitute insurance with an insurance company of Landlord's choosing, in which event any premiums advanced by Landlord shall constitute additional rent payable under this Lease and shall be payable by Tenant to Landlord immediately upon demand for same. Landlord shall also have the right, but no the obligation, whether or not Tenant maintains coverage to carry any such insurance as Landlord may elect in order to provide coverage in the event Tenant fails to properly maintain such insurance. Tenant will The rights of Landlord hereunder shall be in addition to, and not permit the Premises in lieu of, of any other rights or remedies available to be used for any purpose Landlord under this Lease or provided by law or in any manner equity. Without limiting the foregoing, in the event that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance coverage of any sprinkler creditsrisk for which Tenant is responsible pursuant to this Section 12 is ultimately provided by coverage maintained by Landlord, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by whether due to Tenant's use of the Premisesfailure to provided or maintain such insurance or otherwise, or because Tenant vacates the Premises, then Tenant shall pay the promptly reimburse Landlord for an amount of such increase equal to Landlord any deductible incurred, immediately upon demanddemand for same.

Appears in 1 contract

Samples: Lease Agreement Office and Industrial Space (Advanced Energy Industries Inc)

Tenant’s Insurance. Tenant, at its own expense, a. All insurance required to be carried by Tenant hereunder shall maintain during be issued by responsible insurance companies acceptable to Landlord and Landlord's lender and qualified to do business in the term of this Lease a State. Each policy or policies of worker's compensation (or its equivalent provided such is approved by shall name Landlord, such not to be unreasonably withheld) and commercial general liability insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in at Landlord's reasonable discretion based upon inflation or upon the type request any mortgagee of business conducted by Tenant in the PremisesLandlord, as an additional insured, as their respective interests may appear. Said policies Each policy shall contain (i) name Landlord as an additional insured and insure Landlord's contingent a cross-liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord)endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be issued on an occurrence (not claims made) basisprimary and non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (iii) be issued a waiver by an insurance company which is acceptable to the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (ivauthenticated by the insurer) provide that said or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall not be cancelled unless delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days prior after any demand by Landlord therefor. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancellable except after twenty (20) days written notice shall have been given to Landlord and Landlord's lender. In addition to the above, Tenant shall maintain insurance insuring the interest furnish Landlord with renewals or "binders" of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said any such policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty ten (3010) days prior to the effective date of each renewal of said insuranceexpiration thereof. Tenant will agrees that if Tenant does not permit the Premises to take out and maintain such insurance, Landlord may (but shall not be used for any purpose or in any manner that would (irequired to) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any procure said insurance on the Premises or the Building is caused by Tenant's use of behalf and charge the Tenant the premiums together with a twenty-five percent (25%) handling charge, payable upon demand Tenant shall have the right to provide such insurance coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the Premises, or because Landlord, Landlord's mortgagee and Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandas required by this Lease.

Appears in 1 contract

Samples: Office Building Lease (Newgold Inc)

Tenant’s Insurance. TenantTenant shall obtain and keep in full force and effect during the Term, at its own cost and expense, shall maintain during to protect Landlord, Landlord's agents and employees, any Superior Lessor or Superior Mortgagee and Tenant as additional insureds (except as to Tenant) (a) Public Liability Insurance to afford protection against any and all claims for personal injury, death or property damage occurring in, upon, adjacent to or connected with the term Premises, the Real Property or any part thereof in an amount of this Lease a policy not less than $5,000,000 for injury or policies death arising out of worker's compensation (any one occurrence, and $2,000,000 for damage to property in respect of one occurrence, or its equivalent provided such is approved in any increased amount reasonably required by Landlord; and (b) insurance against loss or damage by fire, and such not other risks and hazards as are insurable under then available standard forms of fire insurance policies with extended coverage, to Tenant's Property for the full insurable value thereof. During such time as Tenant shall be unreasonably withheld) and commercial general liability constructing any Improvements, Tenant shall carry builder's risk insurance, including personal injury and property damagecompleted value form, with contractual liability endorsementcovering all physical loss, in an amount reasonably satisfactory to, and to protect, the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages Landlord and One Million Dollars ($1,000,000.00) per occurrence for personal injuries any Superior Lessor or deaths of persons occurring Superior Mortgagee. All such insurance shall be written in or about the Premises form and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premises. Said policies shall (i) name substance reasonably satisfactory to Landlord as an additional insured and insure Landlord's contingent liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company of recognized responsibility licensed ` to do business in the Commonwealth of Massachusetts which is acceptable shall be reasonably satisfactory to Landlord. Upon failure of Tenant to procure, maintain and pay all premiums therefor, Landlord may, at its option, do so, and (iv) provide Tenant agrees to pay the cost thereof to Landlord as Additional Rent. Tenant shall cause to be included in all such insurance policies a provision to the effect that said insurance shall the same will be non-cancelable and not be cancelled unless permitted to lapse except upon thirty (30) days days' prior written notice shall have been given to Landlord, any Superior Lessor and any Superior Mortgagee. In addition to No later than the aboveCommencement Date, Tenant shall maintain original insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or appropriate certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty (30) days prior to the effective date of each renewal of said insurancedeposited with Landlord. Tenant will not permit the Premises to Any renewals, replacements or endorsements thereto shall also be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demanddeposited with Landlord.

Appears in 1 contract

Samples: Lease (Onesource Information Services Inc)

Tenant’s Insurance. Tenanta. All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and Landlord's lender and qualified to do business in the State. Each policy shall name Landxxxx, xxd at its own expense, shall maintain during the term Landxxxx'x xequest any mortgagee of this Lease a policy or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insuranceas an additional insured, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits as their respective interests may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premisesappear. Said policies Each policy shall contain (i) name Landlord as an additional insured and insure Landlord's contingent a cross-liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord)endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be issued on an occurrence (not claims made) basisprimary and non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (iii) be issued a waiver by an insurance company which is acceptable to the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (ivauthenticated by the insurer) provide that said or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall not be cancelled unless delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days prior after any demand by Landlord therefor. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable except after twenty (20) days written notice shall have been given to Landlord and Landlord's lender. In addition to the above, Tenant shall maintain insurance insuring the interest furnish Landlord with renewals or "binders" of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said any such policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty ten (3010) days prior to the effective date of each renewal of said insuranceexpiration thereof. Tenant will agrees that if Tenaxx xxxs not permit the Premises to take out and maintain such insurance, Landlord may (but shall not be used for any purpose or in any manner that would (irequired to) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any procure said insurance on the Premises or the Building is caused by Tenant's use of behalf and charge the Tenant the premiums together with a twenty-five percent (25%) handling charge, payable upon demand. Tenant shall have the right to provide such insurance coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the Premises, or because Landlord, Landxxxx'x xortgagee and Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandas required by this Lease.

Appears in 1 contract

Samples: Optimumcare Corp /De/

Tenant’s Insurance. TenantTenant shall, at its own Tenant’s expense, shall maintain obtain and keep in force during the term of this Lease Lease, a policy or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insuranceinsurance policy insuring Tenant and protecting Landlord and the Landlord Entities against any liability to the public or to any invitee of Tenant or a Landlord Entity against the risks of, including personal bodily injury and property damage, with personal injury, contractual liability, completed operations, products liability, host liquor liability, owned and non-owned automobile liability endorsementarising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be a combined single limit policy in the an amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and not less than One Million Dollars ($1,000,000.00) per occurrence with a Two Million Dollar ($2,000,000.00) annual aggregate. Landlord, the Landlord Entities and any lender and any other party in interest designated by Landlord shall be named as additional insured(s). The policy shall contain cross liability endorsements with coverage for personal injuries or deaths Landlord for the negligence of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premises. Said policies shall (i) name even though Landlord is named as an additional insured; shall insure performance by Tenant of the indemnity provisions of this Lease; shall be primary, not contributing with, and not in excess of coverage which Landlord may carry; shall provide for severability of interest; shall provide that an act or omission of one of the insured or additional insureds which would void or otherwise reduce coverage shall not void or reduce coverages as to the other insured or additional insureds; and insure Landlord's contingent liability under shall afford coverage after the term of this Lease (except by separate policy or extension if necessary) for all claims based on acts, omissions, injury or damage which occurred or arose (or the worker's compensation policy, onset of which instead shall include waiver occurred or arose) in whole or in part during the term of subrogation endorsement in favor this Lease. The limits of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlord, and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to limit any liability of Tenant hereunder. Not more frequently than every year, if, in the reasonable opinion of Landlord. In addition to , the aboveamount of liability insurance required hereunder is not adequate, Tenant shall maintain promptly increase said insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or coverage as required by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty (30) days prior to the effective date of each renewal of said insurance. Tenant will not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandLandlord.

Appears in 1 contract

Samples: Office Lease (Biotie Therapies Corp.)

Tenant’s Insurance. Tenant, at its own expense, a. All insurance required to be carried by Tenant hereunder shall maintain during be issued by responsible insurance companies acceptable to Landlord and landlord’s lender and qualified to do business in the term of this Lease a State. Each policy or policies of worker's compensation (or its equivalent provided such is approved by shall name Landlord, such not to be unreasonably withheld) and commercial general liability insuranceat Landlord’s request any mortgagee of Landlord, including personal injury and property damageas an additional insured, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits as their respective interests may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premisesappear. Said policies Each policy shall contain (i) name Landlord as an additional insured and insure Landlord's contingent a cross-liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord)endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be issued on an occurrence (not claims made) basisprimary and non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (iii) be issued a waiver by an insurance company which is acceptable to the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (ivauthenticated by the insurer) provide that said or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall not be cancelled unless delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days prior after any demand by Landlord therefor. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable except after twenty (20) clays written notice shall have been given to landlord and Landlord’s lender. In addition to the above, Tenant shall maintain insurance insuring the interest furnish Landlord with renewals or “binders” of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said any such policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty ten (3010) days prior to the effective date of each renewal of said insuranceexpiration thereof. Tenant will agrees that if Tenant does not permit the Premises to take out and maintain such insurance, Landlord may (but shall not be used for any purpose or in any manner that would (irequired to) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any procure said insurance on Tenant’s behalf and charge the Premises or Tenant the Building is caused by Tenant's use of premiums together with a twenty-five percent (25%) handling charge, payable upon demand. Tenant shall have the right to provide such insurance coverage to the Premises, or because Landlord, Landlord’s mortgagee and Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandas required by this Lease.

Appears in 1 contract

Samples: Office Building Lease (Techniscan)

Tenant’s Insurance. Tenant, at its own sole cost and expense, shall maintain during the term Term: all risk property insurance with business interruption and extra expense coverage, covering the full replacement cost of this Lease a policy all property and improvements installed or policies of worker's placed in the Premises by Tenant at Tenant’s expense; workers’ compensation (or its equivalent provided insurance with no less than the minimum limits required by law; employer’s liability insurance with such is approved limits as required by Landlord, such not to be unreasonably withheld) and law; commercial general liability insurance, including personal with a minimum limit of not less than $2,000,000 per occurrence for bodily injury and property damage, damage with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in respect to the Premises. Said policies The commercial general liability insurance policy shall name Landlord, its officers, directors, employees, managers, agents and Alexandria Real Estate Equities, L.P. (i) name collectively, “Landlord as an additional insured and insure Landlord's contingent liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of LandlordParties”), (ii) be issued as additional insureds. The commercial general liability insurance policy shall insure on an occurrence (and not claims made) a claims-made basis, (iii) ; shall be issued by an insurance company companies which is acceptable to Landlord, have a rating of not less than policyholder rating of A and (iv) provide that said insurance financial category rating of at least Class X in “Best’s Insurance Guide”; shall not be cancelled cancelable for nonpayment of premium unless thirty (30) 30 days prior written notice shall have been given to Landlord from the insurer; shall contain coverage for hostile fire and contractual liability; and provide primary coverage to Landlord (any policy issued to Landlord providing duplicate or similar coverage shall be deemed excess over Tenant’s policies). Copies of such policies (if requested by Landlord. In addition to ), or certificates of insurance showing the abovelimits of coverage required hereunder and showing Landlord as an additional insured, Tenant shall maintain insurance insuring along with reasonable evidence of the interest payment of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or premiums for the benefit ofapplicable period, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease Term and at least thirty (30) days prior to the effective date of upon each renewal of said insurance. Tenant’s policy may be a “blanket policy” with an aggregate per location endorsement which specifically provides that the amount of insurance shall not be prejudiced by other losses covered by the policy. Tenant will not permit shall provide Landlord with renewal certificates prior to the Premises expiration of such policies. In each instance where insurance is to be used for any purpose or in any manner that would name Landlord as an additional insured, Tenant shall upon written request of Landlord also designate and furnish certificates so evidencing Landlord as additional insured to: (i) void any lender of Landlord holding a security interest in the insurance thereonProject or any portion thereof, (ii) increase the insurance risklandlord under any lease wherein Landlord is tenant of the real property on which the Project is located, if the interest of Landlord is or shall become that of a tenant under a ground or other underlying lease rather than that of a fee owner, and/or (iii) cause any management company retained by Landlord to manage the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandProject.

Appears in 1 contract

Samples: Lease Agreement (2seventy Bio, Inc.)

Tenant’s Insurance. TenantTenant shall purchase, at its own expense, shall maintain and keep in force at all times during the term of this Lease a policy or Term the policies of worker's compensation insurance set forth below (collectively, “Tenant’s Policies”). All Tenant’s Policies shall (a) be issued by an insurance company with a Best’s rating of A or its equivalent better and otherwise reasonably acceptable to Landlord that is licensed to do business in the state in which the Leased Premises is located; (b) provide that said insurance shall not be canceled or materially modified unless 30 days’ prior written notice shall have been given to Landlord; and (c) provide for commercially reasonably deductible amounts (provided that if Landlord’s lender has deductible requirements for the Building, then such is approved deductibles shall be as reasonably required by Landlord, such not to be unreasonably withheld’s lender). The Tenant’s Policies described in (i) and (ii) below shall (1) provide coverage on an occurrence basis; (2) name Landlord (and its lender, if applicable) as additional insured; (3) provide coverage, to the extent insurable, for the indemnity obligations of Tenant under this Lease; (4) contain a separation of insured parties provision; (5) be primary, not contributing with, and not in excess of, coverage that Landlord may carry; and (6) provide coverage with no exclusion for a pollution incident arising from a hostile fire. Certificates of Insurance for Tenant’s Policies shall be delivered to Landlord prior to the Commencement Date and renewals thereof shall be delivered to Landlord’s notice addresses at least 30 days prior to the applicable expiration date of each Tenant’s Policy. In the event that Tenant fails, at any time or from time to time, to comply with the requirements of the preceding sentence, Landlord may (A) order such insurance and charge the cost thereof to Tenant, which amount shall be payable by Tenant to Landlord upon demand, as Additional Rent or (B) impose on Tenant, as Additional Rent, a monthly delinquency fee, for each month during which Tenant fails to comply with the foregoing obligation, in an amount equal to five percent (5%) of the Monthly Rental Installments then in effect. Tenant shall give prompt notice to Landlord and Agent of any bodily injury, death, personal injury, advertising injury or property damage occurring in and about the Property. Tenant shall purchase and maintain, throughout the Term, Tenant’s Policies of: (i) commercial general or excess liability insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars not less than $2,000,000.00 per occurrence, and $5,000,000.00 annual general aggregate; ($500,000.00ii) for property damages and One Million Dollars ($1,000,000.00) per occurrence for comprehensive automobile liability insurance covering Tenant against any personal injuries or deaths of persons occurring in and property damage based upon or about arising out of the ownership, use, occupancy or maintenance of a motor vehicle at the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant all areas appurtenant thereto in the Premises. 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 policyamount of not less than $1,000,000, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, combined single limit; (iii) be issued by an commercial property insurance company which is acceptable to Landlord, and covering Tenant’s Property (at its full replacement cost); (iv) provide that said workers’ compensation insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition to per the above, Tenant shall maintain insurance insuring the interest of Tenant and applicable state statutes covering all employees of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount ; (v) business interruption insurance with limits not less than one hundred percent an amount equal to two (100%2) of the replacement cost thereof insuring against the perils of Fireyears’ rent due hereunder; and if Tenant handles, Lightningstores, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty (30) days prior to the effective date of each renewal of said insurance. Tenant will not permit the Premises to be used for any purpose or utilizes Hazardous Substances in any manner that would (i) void the insurance thereonits business operations, (iivi) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandpollution legal liability insurance.

Appears in 1 contract

Samples: Industrial Lease (Sharps Compliance Corp)

Tenant’s Insurance. Tenant, at its own expense, shall maintain during Effective as of the term earlier of this Lease a policy (1) the date Tenant enters or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in occupies the Premises. Said policies shall , or (i2) name Landlord as an additional insured and insure Landlord's contingent liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to LandlordCommencement Date, and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition to continuing throughout the aboveTerm, Tenant shall maintain the following insurance policies: (A) commercial general liability insurance in amounts of $2,000,000 per occurrence or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord's property management company and Landlord's asset management company against all liability for injury to or death of a person or persons or damage to property arising from the interest use and occupancy of Tenant the Premises and covering all (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant's Off-Premises Equipment, (B) insurance covering the full value of all alterations and improvements and betterments in the Premises, naming Landlord and Landlord's Mortgagee as additional loss payees as their interests may appear, (C) insurance covering the full value of all furniture, trade fixtures and personal property and all partitions, fixtures, additions and other improvements that may have been constructed, erected (including property of Tenant or installed others) in or about the Premises or for otherwise placed in the benefit of, or Project by or for on behalf of a Tenant Party (including Tenant's Off-Premises Equipment), inclusive (D) contractual liability insurance sufficient to cover Tenant's indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant's commercial general liability insurance policy), (E) worker's compensation insurance, and (F) business interruption insurance. Tenant's insurance shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord's policy will be excess over Tenant's policy. Tenant shall furnish to Landlord certificates of such insurance and such other evidence satisfactory to Landlord of the Tenant Finish Work, and covering maintenance of all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and insurance coverages required hereunder at least thirty (30) ten days prior to the effective earlier of the Commencement Date or the date of Tenant enters or occupies the Premises, and at least 15 days prior to each renewal of said insurance. , and Tenant will not permit shall obtain a written obligation on the Premises part of each insurance company to be used for any purpose notify Landlord at least 30 days before cancellation or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance a material change of any sprinkler creditssuch insurance policies. All such insurance policies shall be in form, including without limitationand issued by companies with an A.M. Best rating of A or better, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammablereasonably satisfactory to Landlord. If Tenant fails to comply with the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any increase in the cost of any other remedy available pursuant to this Lease or otherwise, may, but shall not be obligated to, obtain such insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then and Tenant shall pay to Landlord on demand the amount premium costs thereof, plus an administrative fee of 15% of such increase to Landlord upon demandcost.

Appears in 1 contract

Samples: Lease Agreement (Cardionet Inc)

Tenant’s Insurance. TenantTenant shall, at its own Tenant’s expense, shall maintain obtain and keep in force during the term of this Lease Lease, a policy or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insuranceinsurance policy insuring Tenant and protecting Landlord and the Landlord Entities against any liability to the public or to any invitee of Tenant or a Landlord Entity against the risks of, including personal bodily injury and property damage, with personal injury, contractual liability, completed operations, products liability, host liquor liability, owned and non-owned automobile liability endorsementarising out of the ownership, in the amount use, occupancy or maintenance of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premises. 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, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlord, and (iv) provide that said Such insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition to the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, a combined single limit policy in an amount not less than one hundred percent TWP MILLION DOLLARS (100%$2,000,000.00) per occurrence with a THREE MILLION DOLLAR ($3,000,000.00) annual aggregate. Landlord, the Landlord Entities and any lender and any other party in interest designated by Landlord shall be named as additional insured(s). The policy shall contain cross liability endorsements with coverage for Landlord for the negligence of Tenant even though Landlord is named as an additional insured; shall insure performance by Tenant of the replacement cost thereof insuring against the perils indemnity provisions of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof this Lease; shall be delivered primary, not contributing with, and not in excess of coverage which Landlord may carry; shall provide for severability of interest; shall provide that an act or omission of one of the insured or additional insureds which would void or otherwise reduce coverage shall not void or reduce coverages as to Landlord by Tenant upon commencement of the other insured or additional insureds; and shall afford coverage after the term of this Lease (by separate policy or extension if necessary) for all claims based on acts, omissions, injury or damage which occurred or arose (or the Lease and at least thirty (30onset of which occurred or arose) days prior to in whole or in part during the effective date term of each renewal this Lease. The limits of said insuranceinsurance shall not limit any liability of Tenant hereunder. Tenant will not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereonNot more frequently than every year, (ii) increase the insurance riskif, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost reasonable opinion of any insurance on the Premises or the Building is caused by Tenant's use of the PremisesLandlord, or because Tenant vacates the Premises, then Tenant shall pay the amount of such liability insurance required hereunder is not adequate, Tenant shall promptly increase to Landlord upon demandsaid insurance coverage as required by Landlord.

Appears in 1 contract

Samples: Office Lease (Insweb Corp)

Tenant’s Insurance. Tenant, at its own expense, Tenant shall maintain during the term following coverages in the following amounts. Commercial General Liability Insurance covering the insured against claims of this Lease a policy or policies of worker's compensation (or its equivalent provided such is approved by Landlordbodily injury, such not to be unreasonably withheld) and commercial general liability insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premises. 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, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlord, and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition to the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all damage arising out of Tenant's property and all partitions’s operations, fixtures, additions and other improvements that may have been constructed, erected assumed liabilities or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty (30) days prior to the effective date of each renewal of said insurance. Tenant will not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, including fire/water legal liability and a Commercial General Liability endorsement covering the insuring provisions of this Lease and the performance by Tenant of the indemnity agreements set forth in Section 10.1 of this Lease, for limits of liability not less than: Bodily Injury and $3,000,000 each occurrence Property Damage Liability $3,000,000 annual aggregate Personal Injury Liability $3,000,000 each occurrence $3,000,000 annual aggregate 0% Insured’s participation Physical Damage Insurance covering (i) all office furniture, trade fixtures, office equipment, merchandise and all other items of Tenant’s property on the Premises installed by, for, or because at the expense of Tenant, (ii) the “Tenant vacates Improvements,” as that term is defined in the Tenant Work Letter, and any other improvements which exist in the Premises as of the Lease Commencement Date (excluding the Base Building), and (iii) all other improvements, alterations and additions to the Premises. Such insurance shall be written on an “all risks” of physical loss or damage basis, then Tenant for the full replacement cost value (subject to reasonable deductible amounts) new without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall pay include coverage for damage or other loss caused by fire or other peril including, but not limited to, vandalism and malicious mischief, theft, water damage of any type, including sprinkler leakage, bursting or stoppage of pipes, and explosion, and providing business interruption coverage for a period of one year. Worker’s Compensation and Employer’s Liability or other similar insurance pursuant to all applicable state and local statutes and regulations. Business Interruption Insurance in the amount necessary to insure payment of such increase Tenant’s obligations to Landlord upon demandpay Rent hereunder for a period of not less than twelve (12) months; provided, however, Tenant, at its sole discretion, shall be permitted to self-insure for Business Interruption coverage.

Appears in 1 contract

Samples: Office Lease (Tekelec)

Tenant’s Insurance. Tenant, at its own expense, a. All insurance required to be carried by Tenant hereunder shall maintain during be issued by responsible insurance companies acceptable to Landlord and Landlord’s lender and qualified to do business in the term of this Lease a State. Each policy or policies of worker's compensation (or its equivalent provided such is approved by shall name Landlord, such not to be unreasonably withheld) and commercial general liability insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in at Landlord's reasonable discretion based upon inflation or upon the type request any mortgagee of business conducted by Tenant in the PremisesLandlord, as an additional insured, as their respective interests may appear. Said policies Each policy shall contain (i) name Landlord as an additional insured and insure Landlord's contingent a cross-liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord)endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be issued on an occurrence (not claims made) basisprimary and non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (iii) be issued a waiver by an insurance company which is acceptable to the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (ivauthenticated by the insurer) provide that said or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall not be cancelled unless delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days prior after any demand by Landlord therefore. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable except after twenty (20) days written notice shall have been given to Landlord and Landlord’s lender. In addition to the above, Tenant shall maintain insurance insuring the interest furnish Landlord with renewals or “binders” of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said any such policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty ten (3010) days prior to the effective date of each renewal of said insuranceexpiration thereof. Tenant will agrees that if Tenant does not permit the Premises to take out and maintain such insurance, Landlord may (but shall not be used for any purpose or in any manner that would (irequired to) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any procure said insurance on Tenant’s behalf and charge the Premises or Tenant the Building is caused premiums together with a twenty-five percent (25%) handling charge, payable upon demand. Tenant shall have the right to provide such insurance coverage pursuant to blanket policies obtained by the Tenant's use of , provided such blanket policies expressly afford coverage to the Premises, or because Landlord, Landlord’s mortgagee and Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandas required by this Lease.

Appears in 1 contract

Samples: Office Building Lease (Summit Healthcare REIT, Inc)

Tenant’s Insurance. Tenant, Tenant shall keep in force at its own expense, shall maintain during the term of so long as this Lease remains in effect, (a) public liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits, (d) insurance of all plate and other interior glass in the Premises for and in the name of Landlord, and (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months. Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of worker's compensation (such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its equivalent provided such is approved by designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be unreasonably withheldeffective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. Any insurance required of Tenant hereunder may be furnished by Tenant under a blanket policy carried by it, provided that such blanket policy shall contain an endorsement that names Landlord as an additional insured, specifically references the Premises, and guarantees a minimum limit available for the Premises equal to or greater than the insurance amounts required under this Article. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) and commercial comprehensive general liability insuranceinsurance policy, including personal injury and property damageincluding, with but not limited to, contractor’s liability coverage, contractual liability endorsementcoverage, in the amount completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of Five not less than Two Hundred Thousand Dollars ($500,000.00200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) for property damages workmen’s compensation insurance or similar insurance in form and One Million Dollars ($1,000,000.00) per occurrence for personal injuries amounts as required by law. In the event of damage to or deaths destruction of persons occurring in or about the Premises and the Project; providedtermination of this Lease by Landlord pursuant to Section 18 herein, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type Tenant agrees that it shall pay Landlord all of business conducted by Tenant its insurance proceeds relating to improvements made in the PremisesPremises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. Said policies shall (i) name If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as an additional insured and insure Landlord's contingent liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement it in favor of Landlord), (ii) its sole judgment deems necessary to be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlordissued, and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given in such event Tenant agrees to pay promptly upon Landlord. In addition to ’s demand, as additional rent the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or premiums for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty (30) days prior to the effective date of each renewal of said such insurance. Tenant will not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demand.

Appears in 1 contract

Samples: Agreement of Lease (Tessco Technologies Inc)

Tenant’s Insurance. TenantTenant will take out and maintain, at its own cost and expense, shall maintain during the term of this Lease a policy or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insuranceinsurance coverage in a minimum amount of $3,000,000.00 combined single limit, including personal which commercial general liability policy shall include (i) coverage for bodily injury and death, property damage, with damage and products liability coverage; (ii) contractual liability endorsement, coverage insuring the obligations of Tenant under the terms of this Lease; and (iii) fire legal liability coverage with respect to the Demised Premises and the building of which they are a part in the amount of Five Hundred Thousand Dollars at least $3,000,000.00. Such policy shall name Landlord ($500,000.00and any of its affiliates, subsidiaries, successors and assigns designated by Landlord) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, Tenant as additional insureds. All such limits may insurance required to be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted maintained by Tenant in the Premises. 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, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by with an insurance company which is acceptable satisfactory to Landlord, and (iv) Tenant shall provide Landlord with copies or certificates of all policies required herein, including an endorsement providing that said such insurance shall not be cancelled unless thirty canceled or not renewed except after fifteen (3015) days prior written notice shall have been given in writing to Landlord. In addition Should Tenant fail to furnish such policies as hereinabove provided, Landlord may obtain such insurance and the abovepremiums for such insurance shall be deemed additional rent paid by Tenant to Landlord on demand. To the extent that Tenant fails to take out or to maintain the aforesaid insurance policy, such failure shall be a defense to any claim asserted by Tenant against Landlord by reason of any loss sustained by Tenant due to fire or other casualty, notwithstanding that such loss might have been caused by the negligence of Landlord. Tenant shall be responsible for the safety and personal well-being of Tenant’s employees, both within the Demised Premises and in the Common Area. Tenant agrees that Landlord shall not be responsible or liable to Tenant or those claiming under Tenant (including, without limitation, Tenant’s agents, servants, employees, customers and invitees) for injury, death or damage or loss occasioned by the acts or omissions of persons occupying any other part of the Shopping Center or occasioned by the property of any other occupant of any part of the Shopping Center or the acts or omissions of any other person or persons present at the Shopping Center who are not occupants of any part thereof, whether or not such persons are present with the knowledge or consent of Landlord; and Tenant agrees to indemnify and hold Landlord. If Tenant is engaged in any way in the sale of alcoholic beverages, either for consumption of alcoholic beverages on or off the Demised Premises, Tenant shall will also maintain liquor liability insurance insuring with the interest limits of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism $2,000,000.00 each common cause and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty (30) days prior to the effective date of each renewal of said insurance. Tenant will not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable$3,000,000.00 aggregate. If written on a separate policy from the commercial general liability policy, such policy shall name Landlord (and any increase in the cost of any insurance on the Premises its affiliates, subsidiaries, successors and assigns designated by Landlord) as an additional insured. Such policy shall contain a cross liability endorsement or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandseverability provision.

Appears in 1 contract

Samples: Shopping Center Lease Agreement

Tenant’s Insurance. Tenant, Tenant shall keep in force at its own expense, shall maintain during the term of so long as this Lease remains in effect, (a) public liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits (d) insurance covering all plate and other interior glass in the Premises for and in the name of Landlord and (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months. Such policies shall be maintained with companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of worker's compensation (such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its equivalent provided such is approved by designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be unreasonably withheldeffective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) and commercial comprehensive general liability insuranceinsurance policy, including personal injury and property damageincluding, with but not limited to, contractor’s liability coverage, contractual liability endorsementcoverage, in the amount completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of Five not less than Two Hundred Thousand Dollars ($500,000.00200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) for property damages workmen’s compensation insurance or similar insurance in form and One Million Dollars ($1,000,000.00) per occurrence for personal injuries amounts as required by law. In the event of damage to or deaths destruction of persons occurring in or about the Premises and the Project; providedtermination of this Lease by Landlord pursuant to Section 18 herein, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type Tenant agrees that it shall pay Landlord all of business conducted by Tenant its insurance proceeds relating to improvements made in the PremisesPremises by or on behalf of Tenant whether pursuant to the terms of Section 10, or otherwise. Said policies shall (i) name If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as an additional insured and insure Landlord's contingent liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement it in favor of Landlord), (ii) its sole judgment deems necessary to be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlordissued, and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given in such event Tenant agrees to pay promptly upon Landlord. In addition to ’s demand, as additional rent the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or premiums for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty (30) days prior to the effective date of each renewal of said such insurance. Tenant will not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demand.

Appears in 1 contract

Samples: Agreement of Lease (Integral Systems Inc /Md/)

Tenant’s Insurance. Tenant, Tenant shall carry at its own expense, shall maintain during expense throughout the term Term of this Lease, comprehensive general public liability insurance covering the Premises and, appurtenant areas, and Tenant's use thereof, and, covering Tenant's contractual liability under this Lease in an amount periodically adjusted to conform to then current standard business practices for comparable business operations, but in no case less than $2,000,000 in combined single limit and general aggregate coverage for bodily injury or death, personal injury and property damage. Tenant shall keep in full force and effect a policy or policies of workerWorker's compensation (or its equivalent provided such is approved Compensation insurance as required by Landlord, such not to be unreasonably withheld) law and commercial general with employer's liability insurance, including personal injury and property damage, with contractual liability endorsement, in the amount coverage of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premises. 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, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlord, and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition to the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) $500,000 per employee and per occurrence. The amounts of general liability and employer's liability insurance shall be increased on the third anniversary of the replacement cost thereof insuring against Measurement Date and every third anniversary thereafter to an amount reasonably determined by Landlord as may be required, given the perils then current economic conditions and the size of Firedamage awards generally, Lightning, Extended Coverage, Vandalism and Malicious Mischiefto approximate the same level of protection as was provided on the Commencement Date. Said policy or Tenant shall provide Landlord with copies of insurance policies or certificates thereof shall be delivered other evidence of such insurance coverage prior to Landlord by Tenant upon commencement of the term Commencement Date of the Lease and shall provide to Landlord copies of replacement policies at least thirty (30) days prior to the effective date of expiration of a policy. A binder or certificate of insurance shall be sufficient evidence of insurance pending issuance of a policy; provided, however, that Tenant shall forward a copy of each renewal policy to Landlord when issued. Such insurance policies shall be on forms reasonably acceptable to Landlord and such policies shall be on an occurrence basis. Such insurance shall name Landlord and any management agent from time to time designated by Landlord and any lender of said insuranceLandlord as additional insureds, and shall provide that coverage of additional insureds shall be primary and that any insurance maintained by Landlord shall be excess only. Such insurance shall provide that the interests of Landlord, Tenant will and other insureds shall be severable such that the act or omission of one insured shall not permit avoid or reduce the Premises to be used for any purpose or in any manner that would coverage of other insureds. Such insurance shall contain endorsements (i) void stating that the insurance thereoninsurer agrees to notify Landlord not less than thirty (30) days in advance of modification or cancellation thereof, (ii) increase the insurance riskdeleting any employee exclusion on personal injury coverage, or (iii) cause the disallowance of including employees as additional insureds, (iv) deleting any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is exclusion from liability caused by serving alcoholic beverages incidental to Tenant's use business, and (v) providing for coverage for employer's nonowned automobile liability. Failure of Tenant to maintain insurance coverages required by this Lease for any time period during the Premises, Term or because failure of Tenant vacates the Premises, then Tenant to deliver evidence of insurance or copies of policies shall pay the amount of such increase to Landlord upon demandbe material defaults under this Lease.

Appears in 1 contract

Samples: Office Space Lease (Kaleidoscope Media Group Inc)

Tenant’s Insurance. Tenanta. All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and Landlord's lender and qualified to do business in the State. Each policy shall name Xxxxxxxx, and at its own expense, shall maintain during the term Xxxxxxxx's request any mortgagee of this Lease a policy or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insuranceas an additional insured, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits as their respective interests may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premisesappear. Said policies Each policy shall contain (i) name Landlord as an additional insured and insure Landlord's contingent a gross-liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord)endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be issued on an occurrence (not claims made) basisprimary and non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (iii) be issued a waiver by an insurance company which is acceptable to the insurer of any right of subrogation against Landlord, its agents employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (ivauthenticated by the insurer) provide that said or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall not be cancelled unless delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days prior after any demand by Landlord therefor. Landlord may, at any time and from time to time inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancellable except after twenty (20) days written notice shall have been given to Landlord and Landlord's lender. In addition to the above, Tenant shall maintain insurance insuring the interest furnish Landlord with renewals or "binders" of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said any such policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty ten (3010) days prior to the effective date of each renewal of said insuranceexpiration thereof. Tenant will agrees that if Xxxxxx does not permit the Premises to take out and maintain such insurance, Landlord may (but shall not be used for any purpose or in any manner that would (irequired to) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any procure said insurance on the Premises or the Building is caused by Tenant's use of behalf and charge the Tenant the premiums together with a twenty- five percent (25%) handling charge, payable upon demand. Tenant shall have the right to provide such insurance coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the Premises, or because Landlord. Xxxxxxxx's mortgagee and Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandas required by this Lease.

Appears in 1 contract

Samples: Money Store Inc /Nj

Tenant’s Insurance. Tenant, at its own expense, shall maintain during the term of this Lease a policy or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not All insurance required to be unreasonably withheld) carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and commercial general liability insurance, including personal injury Landlord's Lender and property damage, with contractual liability endorsement, qualified to do business in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; providedState. Each policy, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premises. 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 insurance policy, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to name Landlord, and at Landlord's request any mortgagee of Landlord, as an additional insured, as their respective interests may appear. Each policy shall contain (iva) provide a cross-liability endorsement, (b) a provision that said such policy and the coverage evidenced thereby shall be primary and non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance. A copy of each paid up policy (authenticated by the insurer) or certificate of the insurer evidencing the existence and amount of each 13 17 insurance policy required hereunder shall not be cancelled unless delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days prior after any demand by Landlord therefor. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable except after twenty (20) days written notice to Landlord and Landlord's Lender. Tenant shall furnish Landlord with renewals or "binders" of any such policy at least ten (10) days prior to the expiration thereof. Tenant agrees that if Tenant does not take out and maintain such insurance, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge the Tenant the premiums together with a twenty-five (25%) handling charge, payable upon demand. Tenant shall have been given the right to Landlord. In addition provide such insurance coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the abovePremises, Landlord, Landlord's mortgagee and Tenant as required by this Lease. Beginning on the date Tenant is given access to the Premises for any purpose and continuing until expiration of the Term, Tenant shall procure, pay for and maintain in effect policies of casualty insurance insuring covering (i) all Leasehold Improvements (including any alterations, additions or improvements as may be made by Tenant pursuant to the interest provisions of Tenant Article 16 hereof), and covering all of Tenant's property and all partitions, (ii) trade fixtures, additions merchandise and other improvements that may have been constructedpersonal property from time to time in, erected or installed in on or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the their actual replacement cost thereof insuring from time to time, providing protection against any peril included with the perils of Fire, Lightning, classification "Fire and Extended Coverage" together with insurance against sprinkler damage, Vandalism vandalism and Malicious Mischiefmalicious mischief. Said policy or policies or certificates thereof The proceeds of such insurance shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty (30) days prior to the effective date of each renewal of said insurance. Tenant will not permit the Premises to be used for any purpose the repair or in any manner that would replacement of the property so insured. Upon termination of this Lease following a casualty as set forth herein, the proceeds under (i) void above shall be paid to Landlord, and the insurance thereon, proceeds under (ii) increase above shall be paid to Tenant. Beginning on the date Tenant is given access to the Premises for any purpose and continuing until expiration of the Term, Tenant shall procure, pay for and maintain in effect workers' compensation insurance riskas required by law and comprehensive general liability and property damage insurance with respect to the construction of improvements on the Premises, the use, operation or (iii) cause the disallowance of any sprinkler credits, including without limitation, use condition of the Premises and the operations of Tenant in, on or about the Premises, providing personal injury and broad form property damage coverage for not less than One Million Dollars ($1,000,000.00) combined single limit for bodily injury, death and property damage liability. Not less than every three (3) years during the receiptTerm, storage or handling Landlord and Tenant shall mutually agree to increases in all of any productTenant's insurance policy limits for all insurance to be carried by Tenant as set forth in this Article. In the event Landlord and Tenant cannot mutually agree upon the amounts of said increases, material or merchandise then Tenant agrees that is explosive or highly inflammable. If any increase all insurance policy limits as set forth in this Article shall be adjusted for increases in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandliving. 26.

Appears in 1 contract

Samples: Sse Telecom Inc

Tenant’s Insurance. Tenant, at its own expense, a. All insurance required to be carried by Tenant hereunder shall maintain during be Issued by responsible insurance companies acceptable to Landlord and Landlord's lender and qualified to do business in the term of this Lease a State. Each policy or policies of worker's compensation (or its equivalent provided such is approved by shall name Landlord, such not to be unreasonably withheld) and commercial general liability insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in at Landlord's reasonable discretion based upon inflation or upon the type request any mortgagee of business conducted by Tenant in the PremisesLandlord, as an additional insured, as their respective interests may appear. Said policies Each policy shall contain (i) name Landlord as an additional insured and insure Landlord's contingent a cross- liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord)endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be issued on an occurrence (not claims made) basisprimary and non- contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (iii) be issued a waiver by an insurance company which is acceptable to the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy, or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (ivauthenticated by the insurer) provide that said or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall not be cancelled unless delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days prior after any demand by Landlord therefor. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable except after twenty (20) days written notice shall have been given to Landlord and Landlord's lender. In addition to the above, Tenant shall maintain insurance insuring the interest furnish Landlord with renewals or "binders" of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said any such policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty ten (3010) days prior to the effective date of each renewal of said insuranceexpiration thereof. Tenant will agrees that if Tenant does not permit the Premises to take out and maintain such insurance, Landlord may (but shall not be used for any purpose or in any manner that would (irequired to) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any procure said insurance on the Premises or the Building is caused by Tenant's use of behalf and charge the Tenant the premiums together with a twenty-five percent (25%) handling charge, payable upon demand. Tenant shall have the right to provide such insurance coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the Premises, or because Landlord, Landlord's mortgagee and Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandas required by this Lease.

Appears in 1 contract

Samples: Hangar Lease (Air Methods Corp)

Tenant’s Insurance. Tenanta. All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and Landlord's lender and qualified to do business in the State. Each policy shall name Xxxxxxxx, and at its own expense, shall maintain during the term Xxxxxxxx's request any mortgagee of this Lease a policy or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insuranceas an additional insured, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits as their respective interests may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premisesappear. Said policies Each policy shall contain (i) name Landlord as an additional insured and insure Landlord's contingent a cross-liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord)endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be issued on an occurrence (not claims made) basisprimary and non- contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (iii) be issued a waiver by an insurance company which is acceptable to the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (ivauthenticated by the insurer) provide that said or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall not be cancelled unless delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter, within thirty (30) days prior after any demand by Landlord therefor. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancellable except after twenty (20) days written notice shall have been given to Landlord and Landlord's lender. In addition to the above, Tenant shall maintain insurance insuring the interest furnish Landlord with renewals or "binders" of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said any such policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty ten (3010) days prior to the effective date of each renewal of expiration thereof. Xxxxxx agrees that if Xxxxxx does not take out and maintain such insurance Landlord may (but shall not be required to) procure said insuranceinsurance on Tenant's behalf and charge the Tenant the premiums together with a twenty-five percent (25%) handling charge, payable upon demand. Tenant will not permit shall have the Premises right to be used for any purpose or in any manner that would (i) void provide such insurance coverage pursuant to blanket policies obtained by the insurance thereonTenant, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of provided such blanket policies expressly afford coverage to the Premises, or because Landlord, Xxxxxxxx's mortgagee and Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandas required by this Lease.

Appears in 1 contract

Samples: Lease (Aurum Software Inc)

Tenant’s Insurance. Tenant, at its own expense, (a) Tenant shall maintain at all times during the term Term (i) "all risk" property insurance covering all present and future Tenant's Property, Fixtures and Tenant's Improvements and Betterments to a limit of this Lease a policy or policies of worker's compensation not less than the full replacement cost thereof, and (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheldii) and commercial general liability insurance, including personal injury and property damage, with a contractual liability endorsement, and personal injury liability coverage, in the amount respect of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; providedconduct or operation of business therein, with Landlord and each Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $10,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (iii) boiler and machinery insurance, if there is a boiler, supplementary air conditioner or pressure object or similar equipment in the Premises, with Landlord and each Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $10,000,000 and (iv) when Alterations are in process, the insurance specified in Section 5.02(f) hereof. The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any other additional insureds, at least 10 days prior to the Commencement Date, such limits fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any other additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies of recognized responsibility approved to do business in New York State and rated by Best's Insurance Reports or any successor publication of comparable standing as A-/VIII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days' prior written notice of such cancellation, lapse or modification. The proceeds of policies providing "all risk" property insurance of Fixtures and Improvements and Betterments shall be payable to Tenant and Tenant shall have the right to receive the proceeds paid with respect to Tenant's Property of any policy maintained by Tenant to provide insurance of Tenant's Property, Tenant shall cooperate with Landlord in connection with the collection of any insurance monies that may be adjusted upward due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance monies. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 8.02 be increased, so that the amount thereof adequately protects Landlord's interest but such increase shall not be in excess of to that amount of insurance which in Landlord's reasonable discretion based upon inflation or upon judgment is then being customarily required by prudent landlords of non-institutional first class office buildings in New York City. Any insurance policy with respect to the type of business conducted insurance required to be maintained by Tenant hereunder may be carried under a blanket policy covering the Premises and other locations of Tenant, if any, provided that (x) the coverages and limits applicable to the Premises are separately stated in amounts not less than the Premises. 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, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlord, amounts required hereunder and (ivy) provide that said insurance the coverage afforded under such blanket policy allocable to the Premises shall not be cancelled unless thirty (30) days prior written notice shall less than the coverage which would have been given to Landlord. In addition to the above, Tenant shall maintain afforded had such insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have not been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty (30) days prior to the effective date of each renewal of said insurance. Tenant will not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandcovered under a blanket policy.

Appears in 1 contract

Samples: Lease (Credit Suisse First Boston Usa Inc)

Tenant’s Insurance. TenantTenant shall, at its own sole cost and expense, shall obtain and maintain during throughout the term of this Lease Lease, on a policy full replacement cost basis, “all risk” insurance covering all of Tenant’s inventory, furniture, furnishings, fixtures, equipment and all tenant improvements or policies of worker's compensation tenant finish (whether or its equivalent provided such is approved not installed by Landlord, such not to be unreasonably withheld) and commercial betterments located on or within the Leased Premises. In addition, Tenant shall obtain and maintain, at its sole cost and expense, comprehensive general public liability insuranceinsurance providing coverage from and against any loss or damage occasioned by an accident or casualty on, about or adjacent to the Leased Premises, including protection against death, personal injury and property damage. Such liability coverage shall be written on an “occurrence” basis, with contractual liability endorsement, in the amount limits of Five Hundred Thousand Dollars (not less than $500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths 1,000,000.00 combined single limit coverage. All policies of persons occurring in or about the Premises and the Project; provided, such limits may insurance required to be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted carried by Tenant in the Premises. Said policies hereunder shall (i) name Landlord as an additional insured and insure Landlord's contingent liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued written by an insurance company which is acceptable licensed to Landlorddo business in the State of Colorado, and (iv) shall name Landlord and the management company as an additional named insured and/or loss payee, as Landlord may direct. Each such policy shall provide that said insurance same shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition to the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected changed or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and modified without at least thirty (30) days days’ prior written notice to Landlord and any mortgagee of Landlord. Certificates evidencing the effective date extent and effectiveness of each renewal all Tenant’s insurance shall be delivered to Landlord and the management company. The limits of said such insurance shall not, under any circumstances, limit the liability of Tenant under this Lease. In the event that Tenant fails to maintain any of the insurance required of it pursuant to this provision, Landlord shall have the right (but not the obligation) at Landlord’s election, to pay Tenant’s premiums or to arrange substitute insurance with an insurance company of Landlord’s choosing, in which event any premiums advanced by Landlord shall constitute additional rent payable under this Lease and shall be payable by Tenant to Landlord immediately upon demand for same. Landlord shall also have the right, but no the obligation, whether or not Tenant maintains coverage to carry any such insurance as Landlord may elect in order to provide coverage in the event Tenant fails to properly maintain such insurance. Tenant will The rights of Landlord hereunder shall be in addition to, and not permit the Premises in lieu of, of any other rights or remedies available to be used for any purpose Landlord under this Lease or provided by law or in any manner equity. Without limiting the foregoing, in the event that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance coverage of any sprinkler creditsrisk for which Tenant is responsible pursuant to this Section 12 is ultimately provided by coverage maintained by Landlord, including without limitationwhether due to Tenant’s failure to provided or maintain such insurance or otherwise, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the promptly reimburse Landlord for an amount of such increase equal to Landlord any deductible incurred, immediately upon demanddemand for same.

Appears in 1 contract

Samples: Lease Agreement (New Frontier Media Inc)

Tenant’s Insurance. TenantTenant shall maintain, at its own cost and expense, shall maintain during the term of this Lease a policy or policies of worker's compensation (or its equivalent provided such is in responsible companies approved by Landlord, such not to be unreasonably withheld) and combined single limit commercial general liability insurance, including insuring Tenant, against all claims, demands or actions for bodily injury, personal injury or death of any one person in an amount of not less than $1,000,000.00; and for bodily injury, personal injury or death of more than one person in any one accident in an amount of not less than $3,000,000.00; and for damage to property damage, with contractual in an amount of not less than $1,000,000.00. Landlord shall have the right to direct Tenant to increase such amounts whenever it reasonably considers them inadequate. Such liability endorsement, insurance shall also cover and include all exterior signs maintained by Tenant. The policy of insurance may be in the amount form of Five Hundred Thousand Dollars ($500,000.00) for property damages a general coverage or floater policy covering these and One Million Dollars ($1,000,000.00) per occurrence for personal injuries other premises, provided that Landlord is specifically insured therein. Tenant shall carry like coverage against loss or deaths damage by boiler or compressor or internal explosion of persons occurring in boilers or about the Premises and the Project; providedcompressors, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation if there is a boiler or upon the type of business conducted by Tenant compressor in the Premises. Said policies Tenant shall maintain fire insurance against loss or damage by fire or windstorms, with such endorsements for extended coverage, vandalism, malicious mischief and special extended coverage as Landlord may require, covering 100% of the replacement costs of any items of value, including but not limited to signs, stock, inventory, fixtures, improvements, floor coverings and equipment. All of said insurance shall be in form and in responsible companies (irated at least A Plus VII by Best's Insurance Reports) name Landlord as an additional insured and insure Landlord's contingent liability under this Lease (except for licensed in the worker's compensation policy, which instead shall include waiver State of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable Florida satisfactory to Landlord, and (iv) shall provide that said insurance shall it will not be cancelled unless subject to cancellation, termination or change except after at least thirty (30) days days' prior written notice shall have been given to Landlord. In addition to Any insurance procured by Tenant as herein required shall contain an express waiver of any right of subrogation by the aboveinsurance company against Landlord. Landlord shall be an additional insured on all insurance policies required hereunder. A certificate from the insurer on Form ACCORD 27 acknowledging the insurance company's compliance with all conditions for the benefit of Landlord hereunder, , together with satisfactory evidence of the payment of the premiums thereon, shall be deposited with Landlord on the day Tenant begins operations. Thereafter, Tenant shall maintain insurance insuring provide Landlord with a certificate from the interest insurer on Form ACCORD 27 and evidence of Tenant and covering all proof of Tenant's property and all partitionspayment upon renewal of such policy, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty (30) days prior to expiration of the effective date term of each renewal of said insurancesuch coverage. In the event Tenant will not permit the Premises fails to be used for any purpose timely obtain or in any manner that would (i) void maintain the insurance thereonrequired hereunder, Landlord may obtain same and any reasonable costs incurred by Landlord in connection therewith shall be payable by Tenant upon demand. Landlord shall carry commercial general liability insurance (iiin amounts similar to those required of Tenant hereinabove) increase covering the insurance risk, or (iii) cause common areas of the disallowance of any sprinkler creditsBuilding, including without limitationbut not limited to the sidewalks, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandmalls and parking lot.

Appears in 1 contract

Samples: Office Lease (Ibasis Inc)

Tenant’s Insurance. Tenant, Tenant shall maintain at its own expense, shall maintain during (1) in an amount equal to full replacement cost, special form (formerly known as all risk) property insurance on all of its personal property, including removable trade fixtures and leasehold and tenant improvements, and Tenant’s Property located in the term of this Lease Premises and in such additional amounts as are required to meet Tenant’s obligations pursuant to Section 18 hereof and with deductibles in an amount reasonably satisfactory to Landlord, and (ii) a policy or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insuranceinsurance (including endorsement or separate policy for owned or non-owned automobile liability) with respect to its activities in the Building and on the Property, including personal injury and with the premiums thereon fully paid on or before the due date, in an amount of not less than $2,000,000 per occurrence per person coverage for bodily injury, property damage, personal injury or combination thereof (the term “personal injury” as used herein means, without limitation, false arrest, sexual harassment, detention or imprisonment, malicious prosecution, wrongful entry, libel and slander), provided that if only single limit coverage is available it shall be for at least $2,000,000 per occurrence with an umbrella policy of at least $5,000,000 combined single limit per occurrence. Tenant’s insurance policies shall name Landlord and Building Manager as additional insureds and shall include coverage for the contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages Tenant to indemnify Landlord and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths Building Manager pursuant to Section 16 of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premises. 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, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlord, and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given deductibles in an amount reasonably satisfactory to Landlord. In addition Prior to the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents ’s taking possession of the Premises, in an amount not less than one hundred percent (100%) Tenant shall furnish evidence satisfactory to Landlord of the replacement cost thereof insuring against the perils maintenance and timely renewal of Firesuch insurance, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof Tenant shall be delivered obtain and deliver to Landlord by Tenant upon commencement a written obligation on the part of the term of the Lease and each insurer to notify Landlord at least thirty (30) days prior to the effective modification, cancellation or expiration of such insurance policies. In the event Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at least thirty (30) days prior to the expiration date of each renewal expiring policy, Landlord may obtain such insurance as Landlord may reasonably require to protect Landlord’s interest (which obtaining of said insurance. Tenant will insurance shall not permit the Premises be deemed to be used for any purpose or a waiver of Tenant’s default hereunder). The cost to Landlord of obtaining such policies, plus an administrative fee in any manner that would the amount of fifteen percent (i15%) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused such policies shall be paid by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord as Additional Rent upon demand.

Appears in 1 contract

Samples: Office Lease Agreement (Diamondback Energy, Inc.)

Tenant’s Insurance. TenantSection 8.02 of the Lease is hereby deleted and, in lieu thereof, the following is instead substituted: Tenant shall purchase, at its own expense, shall maintain and keep in force at all times during the term of this Lease a policy or Term the policies of worker's compensation insurance set forth below (collectively, “Tenant’s Policies”). All Tenant’s Policies shall (a) be issued by an insurance company with a Best’s rating of A or its equivalent better (excluding situations where the Tenant self-insures as provided such is approved by Landlord, such not to be unreasonably withheldherein) and otherwise reasonably acceptable to Landlord and shall be licensed to do business in the state in which the Leased Premises is located; (b) provide that said insurance shall not be canceled unless 30 days’ prior written notice shall have been given to Landlord; (c) provide for deductible amounts that are reasonably acceptable to Landlord (and its lender, if applicable) and (d) otherwise be in such form, and include such coverages, as Landlord may reasonably require. The Tenant’s Policies described in (i) and (ii) below shall (1) provide coverage on an occurrence basis; (2) name Landlord (and its lender, if applicable) as additional insured; (3) provide coverage, to the extent insurable, for the indemnity obligations of Tenant under this Lease; (4) contain a separation of insured parties provision; (5) be primary, with respect to Tenant’s obligations under the Lease, not contributing with, and not in excess of, coverage that Landlord may carry (with Landlord’s insurance being primary with respect to Landlord’s obligations under the lease); and (6) provide coverage with no exclusion for a pollution incident arising from a hostile fire. All Tenant’s Policies (or, at Landlord’s option, Certificates of Insurance and applicable endorsements, including, without limitation, an “Additional Insured-Managers or Landlords of Premises” or similar endorsement) shall be delivered to Landlord prior to the Commencement Date and upon renewal and request a Certificate of Insurance will be delivered. In the event that Tenant fails, at any time or from time to time, to comply with the requirements of the preceding sentence, Landlord may (A) order such insurance and charge the cost thereof to Tenant, which amount shall be payable by Tenant to Landlord upon demand, as Additional Rent or (B) impose on Tenant, as Additional Rent, a monthly delinquency fee, for each month during which Tenant fails to comply with the foregoing obligation, in an amount equal to five percent (5%) of the Monthly Rental Installments then in effect. Tenant shall give prompt notice to Landlord and Agent of any bodily injury, death, personal injury, advertising injury or property damage occurring in and about the Property. Tenant shall purchase and maintain, throughout the Term, a Tenant’s Policy(ies) of: (i) commercial general or excess liability insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars not less than $2,000,000.00 per occurrence, and $5,000,000.00 annual general aggregate, per location; ($500,000.00ii) for property damages and One Million Dollars ($1,000,000.00) per occurrence for comprehensive automobile liability insurance covering Tenant against any personal injuries or deaths of persons occurring in and property damage based upon or about arising out of the ownership, use, occupancy or maintenance of a motor vehicle at the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant all areas appurtenant thereto in the Premisesamount of not less than $1,000,000, combined single limit; (iii) omitted; (iv) workers’ compensation insurance per the applicable state statutes covering all employees of Tenant; (v) business interruption insurance with limits not less than an amount equal to two (2) years’ rent due hereunder; and if Tenant handles, stores or utilizes Hazardous Substances in its business operations, (vi) pollution legal liability insurance. Said policies shall The foregoing notwithstanding, Landlord hereby consents to Tenant’s self-insurance program provided that, at all times throughout the Term during which Tenant desires that Landlord accept Tenant’s self-insurance program, said program contains procedures (ireasonably acceptable to Landlord) name governing the investigation, litigation, processing, funding of reserves, and payment of insurance claims (including claims brought by Landlord in its capacity as an additional insured and insure Landlord's contingent liability under this Lease (except for the worker's compensation policyLease), which instead procedures shall include waiver be consistent with those of subrogation endorsement third-party insurers. At all times, Tenant’s self-insurance program shall be subject to, and comply with, all of the requirements for Tenant’s insurance policies as described in favor this Section 8.02 and Landlord’s consent to Tenant’s self-insurance program shall not diminish or abrogate any or all of said requirements in any way. Upon Landlord)’s request, (ii) be issued on an occurrence (not claims made) basisTenant shall deliver to Landlord certificates and written details, (iii) be issued by an insurance company which is reasonably acceptable to Landlord, and (iv) provide that said evidencing the compliance of its self-insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given program with the provisions of this paragraph. Landlord’s consent to Landlord. In addition to the above, Tenant shall maintain Tenant’s self-insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant program will automatically terminate upon commencement of the term of the Lease and at least thirty (30) days prior to the effective date of each renewal any assignment, transfer or assumption of said insurance. Tenant will the Lease by or to any third party, including transfers by operation of law, regardless of whether or not permit the Premises Landlord consents to be used for any purpose or such transfer (and without, in any manner that would (i) void the insurance thereonway or to any extent, (ii) increase the insurance risk, or (iii) cause the disallowance constituting a waiver of any sprinkler creditsrequirement imposed under this Lease that Landlord consent to, including without limitationand approve of, use of the Premises for the receiptany such assignment, storage transfer or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandassumption).

Appears in 1 contract

Samples: Industrial Lease Agreement (Primerica, Inc.)

Tenant’s Insurance. Tenant, at its own expense, shall maintain during Effective as of the term earlier of this Lease a policy (1) the date Tenant enters or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in occupies the Premises. Said policies shall , or (i2) name Landlord as an additional insured and insure Landlord's contingent liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to LandlordCommencement Date, and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition to continuing throughout the aboveTerm, Tenant shall maintain the following insurance policies: (A) commercial general liability insurance in amounts of $3,000,000 per occurrence or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require so long as such other amounts are not materially in excess of amounts that owners of Comparable Buildings are then generally requiring tenants (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter in commercially reasonable amounts), insuring Tenant, Landlord, Landlord's property management company, and, if requested in writing by Landlord, Landlord's Mortgagee, against liability for injury to or death of a person or persons or damage to property arising from the interest use and occupancy of Tenant the Premises and covering all (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant's Off-Premises Equipment, (B) insurance covering the full value of all alterations and improvements and betterments in the Premises, naming Landlord and Landlord's Mortgagee as additional loss payees as their interests may appear, (C) insurance covering the full value of all furniture, trade fixtures and personal property and all partitions, fixtures, additions and other improvements that may have been constructed, erected (including property of Tenant or installed others) in or about the Premises or for otherwise placed in the benefit of, or Project by or for on behalf of a Tenant Party (including Tenant's Off-Premises Equipment), inclusive of (D) contractual liability insurance sufficient to cover Tenant's indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant's commercial general liability insurance policy), (E) worker's compensation insurance in the Tenant Finish Workamount, if any, required by applicable state law, and covering all contents of the Premises, in an amount (F) business interruption insurance sufficient to cover not less than one hundred percent (100%) 12 months of interruption. Tenant's insurance shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord's policy will be excess over Tenant's policy. The commercial general liability insurance to be maintained by Tenant may have a deductible of no more than $5,000 per occurrence; the property insurance to be maintained by Tenant may have a deductible of no more than $10,000 per occurrence; and, all other insurance to be maintained by Tenant shall have no deductible. Tenant shall furnish to Landlord certificates of such insurance and such other evidence satisfactory to Landlord of the replacement cost thereof insuring against the perils maintenance of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and all insurance coverages required hereunder at least thirty (30) ten days prior to the effective earlier of the Commencement Date or the date of Tenant enters or occupies the Premises, and at least 15 days prior to each renewal of said insurance. , and Tenant will not permit shall obtain a written obligation on the Premises part of each insurance company to be used for any purpose notify Landlord at least 30 days before cancellation or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance a material change of any sprinkler creditssuch insurance policies. All such insurance policies shall be in form, including without limitationand issued by companies with a Best's rating of A:VII or better, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammablereasonably satisfactory to Landlord. If Tenant fails to comply with the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein within three days of receipt of written notice thereof, Landlord, in addition to any increase in the cost of any other remedy available pursuant to this Lease or otherwise, may, but shall not be obligated to, obtain such insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then and Tenant shall pay to Landlord on demand the amount premium costs thereof, plus an administrative fee of 10% of such increase cost. Any insurance required to Landlord upon demandbe maintained by Tenant may be taken out under a blanket insurance policy or policies covering other premises, property or insureds in addition to the Premises and Tenant, provided the commercial general liability and umbrella coverages are on a per-location aggregate basis (or contain a per-location aggregate endorsement) and such blanket policy or policies otherwise comply with this Section 11(a).

Appears in 1 contract

Samples: Lease Agreement (Blucora, Inc.)

Tenant’s Insurance. Tenant, at its own expense, a. All insurance required to be carried by Tenant hereunder shall maintain during be issued by responsible insurance companies acceptable to Landlord and Landlord's lender and qualified to do business in the term of this Lease a State. Each policy or policies of worker's compensation (or its equivalent provided such is approved by shall name Landlord, such not to be unreasonably withheld) and commercial general liability insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in at Landlord's reasonable discretion based upon inflation or upon the type request any mortgagee of business conducted by Tenant in the PremisesLandlord, as an additional insured, as their respective interests may appear. Said policies Each policy shall contain (i) name Landlord as an additional insured and insure Landlord's contingent a cross-liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord)endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be issued on an occurrence (not claims made) basisprimary and non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (iii) be issued a waiver by an insurance company which is acceptable to the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (ivauthenticated by the insurer) provide that said or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall not be cancelled unless delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days prior after any demand by Landlord therefor. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancellable except after twenty (20) days written notice to Landlord and Landlord's lender. Tenant shall furnish Landlord with renewals or "binders' of any such policy at least ten (10) days prior to the expiration thereof. Tenant agrees that if Tenant does not take out and maintain such insurance, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge the Tenant the premiums together with a twenty-five percent (25%) handling charge, payable upon demand. Tenant shall have been given the right to Landlord. In addition provide such insurance coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the abovePremises, Landlord, Landlord's mortgagee and Tenant as required by this Lease. b. Beginning on the date Tenant is given access to the Premises for any purpose, and continuing until expiration of the Term, Tenant shall procure, pay for and maintain in effect policies of casualty insurance insuring covering (i) all Leasehold Improvements (including any alterations, additions or improvements as may be made by Tenant pursuant to the interest provisions of Tenant Article 12 hereof), and covering all of Tenant's property and all partitions, (ii) trade fixtures, additions merchandise and other improvements that may have been constructedpersonal property from time to time in, erected or installed in on or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the their actual replacement cost thereof insuring from time to time, providing protection against any peril included within the perils of Fire, Lightning, classification "Fire and Extended Coverage' together with insurance against sprinkler damage, Vandalism vandalism and Malicious Mischiefmalicious mischief. Said policy or policies or certificates thereof The proceeds of such insurance shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty (30) days prior to the effective date of each renewal of said insurance. Tenant will not permit the Premises to be used for any purpose the repair or in any manner that would replacement of the property so insured. Upon termination of this Lease following a casualty as set forth herein, the proceeds under (i) void shall be paid to Landlord, and the insurance thereon, proceeds under (ii) increase above shall be paid to Tenant. c. Beginning on the date Tenant is given access to the Premises for any purpose and continuing until expiration of the Term, Tenant shall procure, pay for and maintain in effect workers' compensation insurance riskas required by law and comprehensive public liability and property damage insurance with respect to the construction of improvements on the Premises, the use, operation or (iii) cause the disallowance of any sprinkler credits, including without limitation, use condition of the Premises and the operations of Tenant in, on or about the Premises, providing personal injury and broad form property damage coverage for not less than One Million Dollars ($1,000,000.00) combined single limit for bodily injury, death, and property damage liability. d. Not less than every three (3) years during the receiptTerm, storage or handling Landlord and Tenant shall mutually agree to increases in all of any productTenant's insurance policy limits for all insurance to be carried by Tenant as set forth in this Article. In the event Landlord and Tenant cannot mutually agree upon the amounts of said increases, material or merchandise then Tenant agrees that is explosive or highly inflammable. If any increase all insurance policy limits as set forth in this Article shall be adjusted for increases in the cost of any insurance on living in the Premises or same manner as is set forth in Section 5.2 hereof for the Building is caused by Tenant's use adjustment of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandBase Rent.

Appears in 1 contract

Samples: Office Building Lease (Proflight Medical Response Inc)

Tenant’s Insurance. Tenant, at its own expense, shall maintain during Effective as of the term earlier of this Lease a policy (1) the date Tenant enters or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in occupies the Premises. Said policies shall , or (i2) name Landlord as an additional insured and insure Landlord's contingent liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to LandlordCommencement Date, and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition to continuing throughout the aboveTerm, Tenant shall maintain the following insurance policies: (A) commercial general liability insurance in amounts of $5,000,000.00 per occurrence or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or distribution of marijuana], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter including medical marijuana enterprise liability, if applicable in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord’s property management company, Landlord’s asset management company and, if requested in writing by Landlord, Landlord’s Mortgagee, against all liability for injury to or death of a person or persons or damage to property arising from the interest use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment, (B) insurance covering the full value of all alterations and improvements and betterments in the Premises, naming Landlord and Landlord’s Mortgagee as additional loss payees as their interests may appear, (C) insurance covering the full value of all furniture, trade fixtures and personal property (including property of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed others) in or about the Premises or for otherwise placed in the benefit of, or Project by or for on behalf of a Tenant Party (including Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty (30) days prior to the effective date of each renewal of said insurance. Tenant will not permit the ’s Off-Premises to be used for any purpose or in any manner that would (i) void the insurance thereonEquipment), (iiD) increase the contractual liability insurance risksufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy), or (iiiE) cause the disallowance of any sprinkler creditsworker’s compensation insurance, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demand.and

Appears in 1 contract

Samples: Lease Agreement

Tenant’s Insurance. Tenant, Tenant shall procure at its own expense, shall maintain during sole cost and expense and keep in effect from the term date of this Lease until the end of the Term, Commercial General Liability insurance applying to the use and occupancy of the Premises or the Building, or any part of either, or any areas adjacent thereto, and the business operated by Tenant, or any other occupant, on the Premises. Such insurance shall include Broad Form Contractual liability insurance coverage insuring all of Tenant’s indemnity obligations under this Lease. Such coverage shall have a policy or policies minimum combined single limit of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One at least Two Million Dollars ($1,000,000.002,000,000.00), and a general aggregate limit of liability of at least Five Million Dollars ($5,000,000.00). All such policies shall be written to apply to all bodily injury, property damage, personal injury and other covered losses, however occasioned, occurring during the policy term, shall be endorsed to add Landlord as an additional insured, to provide that such coverage shall be primary and that any insurance maintained by Landlord shall be excess insurance only. Such coverage shall also contain endorsements: (i) deleting any employee exclusion on personal injury coverage; (ii) including employees as additional insureds; (iii) deleting any liquor liability exclusion; (iv) providing coverage for fire legal liability in an amount of not less than $300,000; and (v) providing for coverage of employer’s automobile non-ownership liability. All such insurance shall provide for severability of interests; shall provide that an act or omission of one of the named insureds shall not reduce or avoid coverage for all claims based on acts, omissions, injury and damage, which claims occurred or arose (or the onset of which occurred or arose) in whole or in part during the policy period. Tenant shall also maintain (i) Workers’ Compensation insurance in accordance with California law, (ii) employers liability insurance with a limit no less than $1,000,000 per occurrence employee and $1,000,000 per occurrence, and (iii) replacement cost fire and extended Initials /s/ Illegible Initials /s/ Illegible 07/17/02 coverage insurance, with vandalism and malicious mischief, sprinkler leakage and earthquake sprinkler leakage endorsements, in an amount sufficient to cover not less than 100% of the full replacement cost, as the same may exist from time to time, of all of Tenant’s personal property, fixtures, equipment and tenant improvements. All coverages described in this Section shall be endorsed to waive the insurer’s right of subrogation against Landlord and to provide Landlord with 30 days’ notice of cancellation or change in terms, and with 10 day’s notice of cancellation for personal injuries non-payment of premium. If at any time during the Term, the amount or deaths coverage of persons occurring in or about the Premises and the Project; providedinsurance which Tenant is required to carry under this Section is, such limits may be adjusted upward in Landlord's ’s reasonable discretion based upon inflation judgment, materially less than the amount or upon the type of business conducted insurance coverage typically carried by owners or lessees of properties located in Los Angeles/Long Beach, California, which are similar to and operated for similar purposes as the Building, Landlord shall have the right to require Tenant in to increase the Premisesamount or change the types of insurance coverage required under this Section. Said All insurance policies required to be carried under this Lease shall (i) name Landlord as an additional insured be written by companies rated A-VII or better in “Best’s Insurance Guide” and insure Landlord's contingent liability under this Lease (except for the worker's compensation policyauthorized to do business in California, which instead shall include waiver of subrogation endorsement in favor of Landlord), and (ii) be issued name any parties designated by Landlord as additional insureds. Tenant shall deliver to Landlord on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlordor before the Commencement Date, and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition to the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and thereafter at least thirty (30) days prior to before the effective date expiration dates of each renewal expiring policies, certified copies of said insurance. Tenant will not permit the Premises to be used for any purpose or in any manner that would (i) void the its insurance thereon, (ii) increase the insurance riskpolicies, or (iii) cause a certificate evidencing the disallowance of any sprinkler creditssame issued by the insurer thereunder, including without limitation, use of the Premises showing that all premiums have been paid for the receiptfull policy period; and, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premisesevent Tenant shall fail to procure such insurance, or because to deliver such policies or certificates, Landlord may, at its option and in addition to Landlord’s other remedies in the event of a default by Tenant vacates hereunder, procure the Premisessame for the account of Tenant, then Tenant and the cost thereof shall pay the amount of such increase be paid to Landlord upon demanddemand as Additional Rent.

Appears in 1 contract

Samples: Office Lease (Molina Healthcare Inc)

Tenant’s Insurance. Tenant, at its own expense, shall maintain in full force during the term of this Lease Lease, a policy or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insurance, including personal injury and property damage, insurance with contractual liability endorsement, in the amount a combined single limit of Five Hundred Thousand Dollars at least two million dollars ($500,000.002,000,000) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; providedeach occurrence, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premises. Said policies shall (i) name Landlord as an additional insured and insure Landlord's contingent insuring against all liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlord, and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition to the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all its representatives and Visitors for personal or bodily injury or property damage arising out of or incurred in connection with Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected use or installed in or about occupancy of the Premises or for the benefit ofProperty. Such policy or policies shall further insure the indemnification obligations of Tenant under this Lease. Tenant shall at all times maintain in effect insurance with respect to its Alterations and Trade Fixtures providing coverage against fire, or by or for Tenantextended coverage perils and vandalism and malicious mischief, inclusive to the extent of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred at least eighty percent (10080%) of the full replacement cost thereof insuring against the perils of Firethereof. Tenant may carry such insurance under a blanket policy, Lightning, Extended Coverage, Vandalism and Malicious Mischiefprovided that such policy provides equivalent coverage to a separate policy. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of During the term of this Lease the Lease and at least thirty (30) days prior to the effective date proceeds from any such policies of each renewal of said insurance. Tenant will not permit the Premises to insurance shall be used for the repair or replacement of the Alterations and Trade Fixtures so insured. Landlord shall have no interest in such insurance and shall sign all documents reasonably necessary or proper in connection with the settlement of any purpose claim or in loss by Tenant. Landlord will not carry insurance on Tenant's personal property or Trade Fixtures. Each policy of insurance required under this Section 12.1 shall require at least fifteen (15) days' written notice to Landlord prior to any manner termination or alteration of the policy. Each policy of liability insurance shall name Landlord, its partners and its property manager and mortgagees as additional insured and provide that would (i) void it is primary to, and not contributing with, any policy carried by Landlord covering the same loss. Tenant shall provide to Landlord, upon request, evidence that the insurance thereon, (ii) increase required to be carried by Tenant pursuant to this Section 12.1 is in full force and effect and the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammablepremiums therefor have been paid. If any increase Any limits set forth in the cost of any insurance this Lease on the Premises amount or the Building is caused type of coverage required by Tenant's use insurance shall not limit the liability of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandunder this Lease.

Appears in 1 contract

Samples: Lease Agreement (Neurobiological Technologies Inc /Ca/)

Tenant’s Insurance. Tenant, at its own expense, shall maintain during the term of this Lease Term a policy or policies of fire and extended coverage insurance covering the full replacement cost of the Premises (but not less than $3,000,000) and all property and improvements, installed or placed in the Premises by Tenant; worker's compensation (or its equivalent provided insurance with no less than the minimum limits required by law; employer's liability insurance with such is approved limits as required by Landlord, such not to be unreasonably withheld) and law; commercial general liability insurance, including personal injury and with liability limits of not less than $2,000,000 combined single limit per occurrence (together with such umbrella coverage as Landlord may require) for property damage, with contractual liability endorsementpersonal injuries, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises Premises; and the Projectpollution liability insurance with such limits as Landlord may reasonably require; provided, however, that Landlord may from time to time require an increase in any such limits may be adjusted upward in limits. All such policies shall name Landlord and Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premises. Said policies shall (i) name Landlord mortgagee, if applicable, as an additional insured and insured, insure Landlord's contingent liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (and not claims made) a claims-made basis, (iii) be issued by an insurance company companies which is are reasonably acceptable to Landlord, and (iv) provide that said insurance shall not be cancelled cancelable unless thirty (30) 30 days prior written notice shall have been given to Landlord, and provide primary coverage to Landlord (any policy issued to Landlord providing duplicate or similar coverage shall be deemed excess over Tenant's policies). All such policies insuring the Premises shall name Landlord and Landlord's mortgagee, if any, as the only named insureds. In addition the event of loss under any policy or policies provided by Tenant to Landlord under this Paragraph 7.2, other than the aboveliability policy required, Tenant shall maintain the insurance insuring proceeds will be payable to Landlord or Landlord's mortgagee; thereafter, such proceeds, with the interest exception of Tenant any loss of rents insurance proceeds and covering all subject to Paragraph 13.1 below, will be used for the expense of Tenant's property and all partitions, fixtures, additions and other improvements that may repairing or rebuilding those portions of the Premises which have been constructed, erected damaged or installed in or about destroyed if Landlord and its mortgagee are satisfied that the Premises or amount of insurance proceeds together with additional proceeds tendered by Tenant are and will be at all times sufficient to pay for the benefit of, or by or for Tenant, inclusive completion of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischiefrepairs or rebuilding. Said policy or Such policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease Term and at least thirty (30) days prior to the effective date of upon each renewal of said insurance. Tenant will not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demand.

Appears in 1 contract

Samples: Lease Agreement (Electro Energy Inc)

Tenant’s Insurance. Tenant, at its own expense, a. All insurance required to be carried by Tenant hereunder shall maintain during be issued by responsible insurance companies acceptable to landlord and Landlord's lender and qualified to do business in the term of this Lease a State. Each policy or policies of worker's compensation (or its equivalent provided such is approved by shall name Landlord, such not to be unreasonably withheld) and commercial general liability insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in at Landlord's reasonable discretion based upon inflation or upon the type request any mortgagee of business conducted by Tenant in the PremisesLandlord, as an additional insured, as their respective interests may appear. Said policies Each policy shall contain (i) name Landlord as an additional insured and insure Landlord's contingent a cross-liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord)endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be issued on an occurrence (not claims made) basisprimary and non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (iii) be issued a waiver by an insurance company which is acceptable to the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (ivauthenticated by the insurer) provide that said or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall not be cancelled unless delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days prior after any demand by Landlord therefor, Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable except after twenty (20) days' written notice shall have been given to Landlord and Landlord's lender. In addition to the above, Tenant shall maintain insurance insuring the interest furnish Landlord with renewals or "binders" of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said any such policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty ten (3010) days prior to the effective date of each renewal of said insuranceexpiration thereof. Tenant will agrees that if Tenant does not permit the Premises to take out and maintain such insurance, Landlord may (but shall not be used for any purpose or in any manner that would (irequired to) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any procure said insurance on the Premises or the Building is caused by Tenant's use of behalf and charge the Tenant the premiums together with a twenty-five percent (25%) handling charge, payable upon demand. Tenant shall have the right to provide such insurance coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the Premises, or because Landlord, Landlord's mortgagee and Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandas required by this Lease.

Appears in 1 contract

Samples: Office Lease (Beverage Works Inc)

Tenant’s Insurance. Tenant, at its own expense, shall maintain during Effective as of the term earlier of this Lease a policy (1) the date Tenant enters or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in occupies the Premises. Said policies shall , or (i2) name Landlord as an additional insured and insure Landlord's contingent liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to LandlordCommencement Date, and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition to continuing throughout the aboveTerm, Tenant shall maintain the following insurance policies: (A) commercial general liability insurance in amounts of $3,000,000 per occurrence or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require and as is customarily required by landlords of comparable buildings (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord’s property management company, Landlord’s asset management company and, if requested in writing by Landlord, Landlord’s Mortgagee, against all liability for injury to or death of a person or persons or damage to property arising from the interest use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment, (B) insurance covering the full value of all alterations and improvements and betterments in the Premises, naming Landlord and Landlord’s Mortgagee as additional loss payees as their interests may appear, (C) insurance covering the full value of all furniture, trade fixtures and personal property (including property of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed others) in or about the Premises or for otherwise placed in the benefit of, or Project by or for on behalf of a Tenant Party (including Tenant’s Off-Premises Equipment), inclusive (D) contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy), (E) worker’s compensation insurance, and (F) business interruption insurance. The limit of liability specified in subpart (A) above can be satisfied through a combination of primary, umbrella or excess liability policies, provided that the coverage under such umbrella or excess liability policies is at least as broad as the primary coverage and applies on a “following form” basis. Tenant’s insurance shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. Tenant shall furnish to Landlord certificates of such insurance and such other evidence satisfactory to Landlord of the Tenant Finish Work, and covering maintenance of all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty (30) days insurance coverages required hereunder prior to the effective date Landlord tenders possession of the Premises to Tenant, and upon each renewal of said insurance. , and Tenant will not permit the Premises shall endeavor to be used for any purpose notify Landlord at least 30 days before cancellation or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance a material change of any sprinkler creditssuch insurance policies. All such insurance policies shall be issued by companies with an A.M. Best rating of A+:VII or better, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammableand shall be in form reasonably satisfactory to Landlord. If Tenant fails to comply with the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any increase in the cost of any other remedy available pursuant to this Lease or otherwise, may, but shall not be obligated to, obtain such insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then and Tenant shall pay to Landlord on demand the amount premium costs thereof, plus an administrative fee of 2% of such increase to Landlord upon demandcost.

Appears in 1 contract

Samples: Lease Agreement (Ariba Inc)

Tenant’s Insurance. Tenanta. All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and Landlord's lender and qualified to do business in the State. Each policy shall name Landxxxx, xxd at its own expense, shall maintain during the term Landxxxx'x xequest any mortgage of this Lease a policy or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insuranceas an additional insured, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits as their respective interests may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premisesappear. Said policies Each policy shall contain (i) name Landlord as an additional insured and insure Landlord's contingent a cross-liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord)endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be issued on an occurrence (not claims made) basisprimary and non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (iii) be issued a waiver by an insurance company which is acceptable to the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (ivauthenticated by the insurer) provide that said or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall not be cancelled unless delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days prior after any demand by Landlord therefor. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable, except after twenty (20) days' written notice shall have been given to LandlordLandlord and Landxxxx'x xender. In addition to the above, Tenant shall maintain insurance insuring the interest furnish Landlord with renewals or "binders" of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said any such policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty ten (3010) days prior to the effective date of each renewal expiration thereof. Tenaxx xxxees that if Tenaxx xxxs not take out and maintain such insurance, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge the Tenant the premiums together with a ten percent (10%) handling charge (to cover Landxxxx'x xdministration and handling of said insurancepolicy), payable upon demand. Tenant will not permit shall have the Premises right to be used for any purpose or in any manner that would (i) void provide such insurance coverage pursuant to blanket policies obtained by the insurance thereonTenant, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of provided such blanket policies expressly afford coverage to the Premises, or because Landlord, Landxxxx'x xortgagee and Tenant vacates the Premises, then Tenant shall pay the amount of such increase as required to Landlord upon demandthis Lease.

Appears in 1 contract

Samples: Tcsi Corp

Tenant’s Insurance. Tenanta. All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and Landlord's lender and qualified to do business in the State. Each policy shall name Xxxxxxxx, and at its own expense, shall maintain during the term Xxxxxxxx's request any mortgagee of this Lease a policy or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insuranceas an additional insured, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits as their respective interests may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premisesappear. Said policies Each policy shall contain (i) name Landlord as an additional insured and insure Landlord's contingent a gross-liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord)endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be issued on an occurrence (not claims made) basisprimary and non- contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (iii) be issued a waiver by an insurance company which is acceptable to the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (ivauthenticated by the insurer) provide that said or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall not be cancelled unless delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days prior after any demand by Landlord therefor. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancellable except after twenty (20) days written notice shall have been given to Landlord and Landlord's lender. In addition to the above, Tenant shall maintain insurance insuring the interest furnish Landlord with renewals or "binders" of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said any such policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty ten (3010) days prior to the effective date of each renewal of said insuranceexpiration thereof. Tenant will agrees that if Xxxxxx does not permit the Premises to take out and maintain such insurance, Landlord may (but shall not be used for any purpose or in any manner that would (irequired to) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any procure said insurance on the Premises or the Building is caused by Tenant's use of behalf and charge the Tenant the premiums together with a twenty-five percent (25%) handling charge, payable upon demand. Tenant shall have the right to provide such insurance coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the Premises, or because Landlord, Xxxxxxxx's mortgagee and Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandas required by this Lease.

Appears in 1 contract

Samples: Money Store Inc /Nj

Tenant’s Insurance. Tenant, at its own expense, shall maintain during Effective as of the term earlier of this Lease a policy or policies (1) the date Tenant enters of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in occupies the Premises. Said policies shall , or (i2) name Landlord as an additional insured and insure Landlord's contingent liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to LandlordCommencement Date, and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition to continuing throughout the aboveTerm, Tenant shall maintain the following insurance policies: (A) commercial general liability insurance in amounts of $3,000,000 per occurrence or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy[e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord’s property management company, Landlord’s asset management company and, if requested in writing by Landlord, Landlord’s Mortgagee, against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment, (B) insurance covering the full value of all alterations and improvements and betterments in the Premises, naming Landlord and Landlord’s Mortgagee as additional loss payees as their interest may appear, (C) insurance covering the full value of all furniture, trade fixtures and personal property (including property of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed others) in or about the Premises or for otherwise placed in the benefit of, or Project by or for on behalf of a Tenant Party (including Tenant’s Off-Premises Equipment, inclusive of the Tenant Finish Work(D) contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy), (E) worker’s compensation insurance, and covering all contents of the Premises, (F) business interruption insurance in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischiefreasonably acceptable to Landlord. Said Any insurance required to be maintained by Tenant may be taken out under a blanket insurance policy or policies covering other premises, property or certificates thereof insureds in addition to the Premises and Tenant, provided such policy or policies otherwise comply with this Section 11(a). Tenant’s insurance shall be delivered provide primary coverage to Landlord by when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. Tenant upon commencement shall furnish to Landlord certificates of such insurance and such other evidence satisfactory to Landlord of the term maintenance of the Lease and all insurance coverages required hereunder at least thirty (30) ten days prior to the effective earlier of the Commencement Date or the date of Tenant enters or occupies the Premises, and at least 15 days prior to each renewal of said insurance. , and Tenant will not permit shall obtain a written obligation on the Premises part of each insurance company to be used for any purpose notify Landlord at least 30 days before cancellation or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance a material change of any sprinkler creditssuch insurance. All such insurance policies shall be in form, including without limitationand issued by companies with an A.M. Best rating of A+:VII or better, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammablereasonably satisfactory to Landlord. If Tenant fails to comply with the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any increase in the cost of any other remedy available pursuant to this Lease or otherwise, may, but shall not be obligated to, obtain insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then and Tenant shall pay to Landlord on demand the amount premium costs thereof, plus an administrative fee of 15% of such increase to Landlord upon demandcost.

Appears in 1 contract

Samples: Lease Agreement (Cross Country Healthcare Inc)

Tenant’s Insurance. Tenant, at its own expense, Tenant shall maintain during provide on or before the term Commencement Date for the benefit of this Lease Landlord and Tenant a comprehensive policy or policies of worker's compensation (or its equivalent provided such is approved liability insurance insuring Landlord and Tenant against any liability whatsoever occasioned by Landlord, such not to be unreasonably withheld) and commercial general liability insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in accident on or about the Premises and the Project; provided, such limits may Real Property or any appurtenances thereto. Such policy is to be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted written by Tenant in the Premises. Said policies shall (i) name Landlord as an additional insured good and insure Landlord's contingent liability under this Lease (except for the worker's compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an solvent insurance company which is acceptable companies reasonably satisfactory to Landlord, and (iv) provide that said insurance the limits of liability thereunder shall not be less than the amounts set forth in Section 31.15 hereof for personal injury, including death, in respect of any one person, in respect of any one occurrence, and in respect of property damage. Such insurance may be carried under a blanket policy covering other locations of Tenant, if any. Landlord shall be a named insured under such policy. Prior to the time such insurance is first required by this Article XXVI to be carried by Tenant, and thereafter, at least fifteen (15) days prior to the expiration of any such policy, Tenant agrees to deliver to Landlord either a duplicate original of the aforesaid policy or a certificate evidencing such insurance, which policy or certificate shall provide that such insurance may not be cancelled unless except upon thirty (30) days prior written notice shall have been given to Landlord. In addition to Upon failure at any time on the above, Tenant shall maintain insurance insuring the interest part of Tenant to procure and covering deliver to Landlord the policy or certificate of insurance, as hereinabove provided, stamped "Premium Paid" by the issuing company at least fifteen (15) days before the expiration of the prior insurance policy or certificate, if any, or to pay the premiums therefor, Landlord shall be at liberty, from time to time, as often as such failure shall occur, to procure such insurance and to pay the premium therefor, and any sums paid for insurance by Landlord shall be and become, and are hereby declared, to be Additional Rent hereunder for the collection of which Landlord shall have all the remedies provided for in this Lease or by law for the collection of rent. Payment by Landlord of such premium or the carrying by Landlord of any such policy shall not be deemed to waive or release the default of Tenant with respect thereto. Tenant's failure to provide and keep in force the aforementioned insurance shall be regarded as an Event of Default hereunder entitling Landlord to exercise any or all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed the remedies as provided in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at least thirty (30) days prior to the effective date of each renewal of said insurance. Tenant will not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant's use of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord upon demandthis Lease.

Appears in 1 contract

Samples: Lease (Optical Systems Inc)

Tenant’s Insurance. Tenant, at its own expense, Tenant shall maintain the following insurance (“Tenant’s Insurance”) during the term of this Lease a policy or policies of worker's compensation Term (or its equivalent provided such is approved by Landlord, such not including any extension thereof): (a) Commercial General Liability Insurance applicable to be unreasonably withheld) and commercial general liability insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; providedits appurtenances providing, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the Premises. 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, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, a minimum combined single limit of $5,000,000.00; (iiib) be issued by Property/Business Interruption Insurance written on an insurance company which is acceptable to LandlordAll Risk or Special Cause of Loss Form, including earthquake sprinkler leakage, at replacement cost value and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. In addition to the above, Tenant shall maintain insurance insuring the interest of Tenant and with a replacement cost endorsement covering all of Tenant's property ’s business and all trade fixtures, equipment, movable partitions, fixturesfurniture, additions merchandise and other improvements that may have been constructed, erected or installed in or about personal property within the Premises (“Tenant’s Property”) and any Alterations performed by or for the benefit of, or of Tenant; (c) Workers’ Compensation Insurance in amounts required by or for Law; and (d) Employers Liability Coverage of at least $1,000,000.00 per occurrence. Any company writing Tenant, inclusive ’s Insurance shall have an A.M. Best rating of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent A-VIII. All Commercial General Liability Insurance policies shall name as additional insureds Landlord (100%or its successors and assignees) of the replacement cost thereof insuring against the perils of Fireand its designees. In addition, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof Landlord shall be delivered named as a loss payee with respect to Property/Business Interruption Insurance on the Alterations. All policies of Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord by Tenant upon commencement of the term of the Lease and its designees at least thirty (30) days prior to the effective date days’ advance written notice of each renewal any cancellation, termination, material change or lapse of said insurance. Tenant will not permit the Premises shall provide Landlord with a certificate of insurance evidencing Tenant’s Insurance as necessary to be used for any purpose or in any manner assure that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Landlord always has current certificates evidencing Tenant's use of the Premises, or because Tenant vacates the Premises, then ’s Insurance.” Tenant shall pay the amount provide Landlord with a certificate of such increase insurance evidencing Tenant’s Insurance, within five (5) business days following delivery of this Amendment, executed by Tenant to Landlord upon demandLandlord.

Appears in 1 contract

Samples: Lease (Autodesk Inc)

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