Common use of Tenant’s Insurance Clause in Contracts

Tenant’s Insurance. Tenant, shall at all times during the Term of this Lease, and at its own cost and expense, procure and continue in force the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basis, with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) months. Tenant shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by Landlord.

Appears in 7 contracts

Samples: Standard Office Lease (Vital Therapies Inc), Standard Office Lease (1st Pacific Bancorp), Standard Office Lease (Limelight Networks, Inc.)

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Tenant’s Insurance. Tenant, shall at all times during the Term of this Lease, and at its own cost and expense, procure and continue in force the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basis, with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s 's Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s 's business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) months. Tenant shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s 's sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s 's operations therein, as may be reasonably required by Landlord.

Appears in 5 contracts

Samples: Standard Office Lease (Neurmedix, Inc.), Standard Office Lease (Neurmedix, Inc.), Standard Office Lease (Neurmedix, Inc.)

Tenant’s Insurance. Tenant shall, at Tenant’s expense, shall at all times maintain during the Term term of this LeaseLease (and, and at its own cost and expenseif Tenant occupies or conducts activities in or about the Premises prior to or after the term hereof, procure and continue in force the following insurance coverage: then also during such pre-term or post-term period): (i) Commercial General Liability Insurance, written on an occurrence basiscommercial general liability insurance including contractual liability coverage, with a minimum coverages of Two Million Dollars ($2,000,000.00) per occurrence combined single limit for bodily injury and property damages of not less than damage, Two Million Dollars ($2,000,0002,000,000.00) per occurrence for products-completed operations coverage, One Hundred Thousand Dollars ($100,000.00) fire legal liability, Two Million Dollars ($2,000,000.00) for personal and advertising injury, with a Three Million Dollars ($3,000,0003,000,000.00) general aggregate limit, for injuries to, or illness or death of, persons and damage to property occurring in or about the Premises or otherwise resulting from Tenant’s operations in the annual aggregateBuilding, including products liability provided that the foregoing coverage if applicableamounts may be provided through any combination of primary and umbrella/excess coverage policies, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy property insurance protecting Tenant against loss or damage by fire and such other risks as are insurable under then-available standard forms of standard fire, extended coverage “special form” (previously known as “all risk”) insurance policies (excluding earthquake and special extended coverage insurance (all risks), flood but including a vandalism and malicious mischief endorsement, sprinkler leakage coverage water damage and earthquake sprinkler leakage where sprinklers are provided leakage), covering Tenant’s personal property and trade fixtures in an amount equal or about the Premises or the Real Property, and any above Building standard Alterations installed in the Premises by or at the request of Tenant (including those installed by Landlord at Tenant’s request, whether prior or subsequent to the commencement of the Lease term), for the full replacement value new thereof without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenantdepreciation; (iii) Worker’s Compensation workers’ compensation insurance in statutory limits; (iv) at least three months’ coverage as required by lawfor loss of business income and continuing expenses, providing protection against any peril included within the classification “special form” insurance, excluding earthquake and flood but including water damage and earthquake sprinkler leakage; and (ivv) business interruptionif Tenant operates owned, loss leased or non-owned vehicles on the Real Property, comprehensive automobile liability insurance with a minimum coverage of income Two Million Dollars ($2,000,000.00) per occurrence, combined single limit; provided that the foregoing coverage amount may be provided through any combination of primary and extra expense umbrella/excess coverage policies. In no event shall any insurance covering any failure maintained by Tenant hereunder or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) months. Tenant shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts of the insurance required to be carried maintained by Tenant pursuant hereunder be deemed to limit or satisfy Tenant’s indemnification or other obligations or liability under this Article 14 Lease. Landlord reserves the right to increase the foregoing amount of liability coverage from time to time as Landlord reasonably determines is required to adequately protect Landlord and the other parties designated by Landlord from the matters insured thereby (provided, however, that Landlord makes no representation that the limits of liability required hereunder from time to time shall be adequate to protect Tenant), and to require that Tenant cause any of its contractors, vendors, movers or other parties conducting activities in or about or occupying the Premises to obtain and maintain insurance as reasonably determined by Landlord and as to which Landlord and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may parties designated by Landlord shall be reasonably required by Landlordadditional insureds.

Appears in 3 contracts

Samples: Office Lease (Marin Software Inc), Office Lease (Marin Software Inc), Office Lease (Marin Software Inc)

Tenant’s Insurance. TenantIn addition to the insurance coverage contemplated in Section 8.6 herein, Tenant shall at all times keep in force, during the Term of this Leaseentire Lease Term, including any renewal or extension thereof, workers compensation insurance as required by law and commercial general liability insurance, with respect to the Premises, the Building and the Land, covering bodily injury, including death, and at its own cost and expense, procure and continue in force the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basisproperty damage, with a combined single limit for bodily injury and property damages of such limits as may be reasonably requested by Landlord, but with minimum limits not less than Two Million Dollars ($2,000,0002,000,000.00) per occurrence occurrence, and Three Million Dollars ($3,000,000) annual aggregate limit, with a contractual liability endorsement. Notwithstanding the foregoing, such minimum limit prescribed by Landlord may be increased from time to time during the Lease Term commensurate with increases over the same period in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering CPI (provided such increases may be implemented only when the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements cumulative increase in the PremisesCPI since the last increase exceeds five percent (5%)). All insurance policies required to be maintained by Tenant under this Section 8.2 shall name Landlord, including but Land Owner and Landlord’s lender(s) as additional insureds and shall provide that they shall not limited to all mechanicalbe canceled for any reason unless Landlord, plumbing, heating, ventilating, air conditioning, electrical, telecommunication Land Owner and other equipment, systems and facilities, and Landlord’s lender(s) are given fifteen (B15) trade fixtures, furniture, equipment and other personal property installed days notice in writing by or at the expense of Tenant; (iii) Worker’s Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense issuing insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) monthscompany. Tenant shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts deposit with Landlord satisfactory evidence of the above insurance coverages prior to the Commencement Date and thereafter at least five (5) business days prior to the expiration date for any such coverages. Additionally, all insurance coverage required to be carried maintained by Tenant pursuant under this Section 8.2 shall include commercially reasonable, industry standard terms and provisions, including boilerplate provisions and special stipulations and conditions, that are in any event no less favorable to this Article 14 Landlord (as an additional insured) than the terms and provisions in third-party insurance policies maintained by landlords relative to multi-tenant buildings located in the Business Park from time to time during the Lease Term. Furthermore, such insurance coverage shall include coverage types, limits of coverage, and other terms and provisions that are reasonably required from time to time by Landlord’s third-party, institutional lenders whose loans are secured by a security interest in the Building and that are consistent with the requirements of other such lenders for loans on other similar buildings in the south Charlotte area, and such other reasonable types of insurance coverage obligation shall include delivering to Landlord and in such reasonable amounts covering the Premises Landlord’s lender (if and as requested from time to time) a certificate from Tenant’s operations thereinthird-party insurance provider confirming the insurance coverages then being maintained by Tenant hereunder. As used herein, “CPI” shall refer to the Department of Labor, Bureau of Labor Statistics, Consumer Price Index for All Urban Consumers, U.S. City Average, Subgroup “All Items” (1982-84 = 100). If at any time the CPI is no longer published by the Bureau of Labor Statistics, Landlord shall substitute for the CPI any official index published by the Bureau of Labor Statistics or by such successor or similar governmental agency as may then be reasonably required by Landlordin existence and shall be most nearly equivalent thereto.

Appears in 2 contracts

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

Tenant’s Insurance. Tenant, shall at all times Tenant’s expense, agrees to maintain in force, with a company or companies permitted to do business in the state where the Property is located, during the Term of this Lease, and at its own cost and expense, procure and continue in force the following insurance coverageTerm: (ia) Commercial General Liability Insurance, written Insurance on a primary basis and without any right of contribution from any insurance carried by Landlord covering the Premises on an occurrence basisbasis against all claims for personal injury, with a combined single limit for bodily injury injury, death and property damages of damage, including standard contractual liability coverage in amounts not less than a minimum of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,0002,000,000.00) per occurrence in the aggregate with extended coverages including follow form umbrella coverage with a Five Million Dollar ($5,000,000.00) limit; (b) Workers’ Compensation Insurance in amounts required by Washington Law; (c) Employers’ Liability Insurance for an amount of not less than One Million Dollars ($1,000,000.00), in accordance with the Laws of the State of Washington (provided that if this coverage is unavailable from the Worker’s Compensation carrier or applicable State Fund, a “Stop Gap Liability” endorsement to the Commercial General Liability Policy is acceptable); (d) a Special Cause of Loss Form property insurance, including earthquake sprinkler leakage, in an amount adequate to cover the full replacement cost of all Tenant Additions, equipment, installations, fixtures and contents of the Premises in the event of loss; and (e) In the event a motor vehicle is to be used by Tenant in connection with its business operation from the Premises, Business Automobile Liability Insurance coverage with limits of not less than Three Million Dollars ($3,000,0003,000,000.00) 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 the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of connection with this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fireany owned, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by non-owned or at the expense of Tenant; (iii) Worker’s Compensation coverage as required by lawhired motor vehicles; and (ivf) business interruption, loss of income and extra expense such other insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) months. Tenant shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts of coverages as Landlord reasonably requires consistent with the insurance and coverages required in other Class “A” office properties located in the Seattle Central Business District. Landlord reserves the right to be carried by require that Tenant pursuant increase the limits described above not more frequently than once every three (3) years to this Article 14 and such levels consistent with the limits required in other reasonable types of insurance coverage and Class “A” office properties located in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by LandlordSeattle Central Business District.

Appears in 2 contracts

Samples: Workletter Agreement (Accolade, Inc.), Workletter Agreement (Accolade, Inc.)

Tenant’s Insurance. Tenant, shall at all times during the Term of this Lease, and at its own cost and expense, procure and continue in force the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basis, with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) months. Tenant shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by LandlordLandlord so long as the same is consistent with increasing industry standards for similar buildings in the general vicinity of the Project.

Appears in 2 contracts

Samples: Standard Office Lease (loanDepot, Inc.), loanDepot, Inc.

Tenant’s Insurance. TenantTenant shall maintain insurance complying with all of the following: (a) Tenant shall procure, shall pay for and keep in full force and effect, at all times during the Term of this LeaseLease Term, and at its own cost and expense, procure and continue in force the following insurance coveragefollowing: (i) Commercial General Liability InsuranceComprehensive general liability insurance insuring Tenant against liability for personal injury, written on an occurrence basisbodily injury, death and damage to property occurring within the Leased Premises, or resulting from Tenant's use or occupancy of the Leased Premises, the Building, the Outside Areas or the Property, or resulting from Tenant's activities in or about the Leased Premises or the Property, with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to Tenant's Required Liability Coverage (as set forth in Article 1), which insurance shall contain a "broad form liability" endorsement insuring Tenant's performance of Tenant's obligations to indemnify Landlord as contained in this Lease. (ii) Fire and property damage insurance in so- called "fire and extended coverage" form insuring Tenant against loss from physical damage to Tenant's personal property, inventory, trade fixtures and improvements within the Leased Premises with coverage for the full actual replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenantcost thereof; (iii) Worker’s Compensation coverage as required by lawPlate glass insurance, at actual replacement cost; and (iv) business interruptionPressure vessel insurance, loss of income and extra expense if applicable; (v) Product liability insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipmentif food and/or beverages are distributed, sold and/or consumed within the Leased Premises, to the extent obtainable, coverage for liability arising out of the distribution, sale, use or consumption of food and/or beverages (including alcoholic beverages, if applicable) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of at the Leased Premises for not less than twelve Tenant's Required Liability Coverage (12as set forth in Article 1); (vi) monthsWorkers' compensation insurance and any other employee benefit insurance sufficient to comply with all laws; and (vii) 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 reasonably satisfactory to Landlord. Tenant shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts b) Each policy of the liability insurance required to be carried by Tenant pursuant to this Article 14 paragraph or actually carried by Tenant with respect to the Leased Premises or the Property: (i) shall, except with respect to insurance required by subparagraph (a)(vi) above, name Landlord, and such others as are designated by Landlord, as additional insureds; (ii) shall be primary insurance providing that the insurer shall be liable for the full amount of the loss, up to and including the total amount of liability set forth in the declaration of coverage, without the right of contribution from or prior payment by any other reasonable types insurance coverage of Landlord; (iii) shall be in a form satisfactory to Landlord; (iv) shall be carried with companies reasonably acceptable to Landlord with Best's ratings of at least A and XI; (v) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least thirty days prior written notice to Landlord, and (vi) shall contain a so-called "severability" or "cross liability" endorsement. Each policy of property insurance maintained by Tenant with respect to the Leased Premises or the Property or any property therein (i) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least thirty days prior written notice to Landlord and (ii) shall contain a waiver and/or a permission to waive by the insurer of any right of subrogation against Landlord, its partners, principals, members, officers, 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 partners, principals, members, officers, employees, agents and contractors. (c) Prior to the time Tenant or any of its contractors enters the Leased Premises, Tenant shall deliver to Landlord, with respect to each policy of insurance required to be carried by Tenant pursuant to this Article, a copy of such policy (appropriately authenticated by the insurer as having been issued, premium paid) or a certificate of the insurer certifying in form satisfactory to Landlord that a policy has been issued, premium paid, providing the coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by this Paragraph and containing the provisions specified herein. With respect to each renewal or replacement of any such insurance, the requirements of this Paragraph must be complied with not less than thirty days prior to the expiration or cancellation of the policies being renewed or replaced. Landlord may, at any time and from time to time, inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article. If Landlord.'s Lender, insurance broker, advisor or counsel reasonably determines at any time that the amount of coverage set forth in Paragraph 9.1(a) for any policy of insurance Tenant is required to carry pursuant to this Article is not adequate, then Tenant shall increase the amount of coverage for such insurance to such greater amount as Landlord's Lender, insurance broker, advisor or counsel reasonably deems adequate. 9.2

Appears in 2 contracts

Samples: Vantive Corp, Vantive Corp

Tenant’s Insurance. Tenant, shall at At all times during after the Term execution of this Lease, Tenant will carry and maintain, at its own cost and expenseexpense with insurance companies reasonably acceptable to Landlord that are rated no less than A-, procure and continue in force the following insurance coverageClass VII, by A.M. Best Company: (i) Commercial General Liability Insurancea commercial general liability insurance policy, written on an occurrence basisincluding products/completed operations and insurance against assumed or contractual liability under this Lease, for liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto, including any portion of the Common Areas used by Tenant, Tenant’s invitees, contractors, employees or agents, to afford protection with a combined single limit for respect to bodily injury and injury, death or property damages damage (including loss of use) of not less than One Million Dollars ($1,000,000) each occurrence/Two Million Dollars ($2,000,000) per occurrence aggregate; (ii) a property insurance policy insuring all Above Standard improvements and Three fixtures in the Premises, and all personal property located within the Premises, on the “Special Form,” including theft coverage, written at replacement cost value with replacement cost endorsements, covering all of Tenant’s property, and business interruption coverage in an amount that will reimburse Tenant for direct or indirect loss of earnings attributable to the perils insured against under section (i) above and this section (ii), and other perils commonly insured against by prudent business owners, or attributable to prevention of access to the Premises, for a period of at least eighteen (18) months; (iii) a workers’ compensation insurance policy with applicable statutory limits, including employers liability insurance with limits of not less than One Million Dollars ($3,000,0001,000,000.00); (iv) in automobile liability insurance with single limit coverage of at least $1,000,000 for all owned, leased/hired or non-owned vehicles; (v) if Tenant will serve or sell alcohol at the annual aggregateProject, a liquor liability insurance policy with minimum coverage of One Million Dollars ($1,000,000.00); and (vi) an excess/umbrella liability policy “following form” of not less than Four Million Dollars ($4,000,000), including products liability coverage if applicablea “drop down” feature in case the limits of the primary policy are exhausted. Landlord may also require all Outside Contractors to provide in addition to the insurance coverages referenced above such other insurance in amounts and types and with such companies as may be reasonably requested by Landlord, including, without limitation, construction all risk/builder’s risks (including loss of revenue) insurance, owners and contractors protective coverageliability insurance, blanket contractual coverage including both oral professional errors and written contractsomissions liability insurance, and personal injury coverageinsurance covering such contractor’s equipment and tools. Each insurance policy required to be maintained hereunder by Tenant shall include an “Additional Insured Endorsement” in favor of Landlord, covering Parkway Properties, Inc., Parkway Properties LP and Eola Capital LLC, and their direct and indirect parent companies and subsidiaries and any of their affiliated entities, successors and assigns, as well as their respective current or future directors, officers, employees, partners, members and agents. Tenant’s insurance shall be considered primary, not excess, and non-contributory with Landlord’s insurance policies. Deductible amounts, if any, under such policies shall be commercially reasonable. An XXXXX 25 certificate of such insurance in the insuring provisions of this Lease most recent edition available and the performance of Tenant reasonably satisfactory to Landlord, or certified copies of the indemnity policies, shall be furnished to Landlord on or before the earlier of the Commencement Date or ten (10) days after execution of the Lease, reflecting the limits and exemption endorsements required herein, and renewal XXXXX 25 certificates or certified copies of renewal policies shall be delivered to Landlord from liability agreements set forth in Article 13 hereof; at least ten (ii10) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal days prior to the full replacement value new expiration date of any policy. Each policy shall be endorsed to provide notice of nonrenewal to Landlord and shall further provide that it may not be altered or canceled without deduction for depreciation of all thirty (A30) days prior notice to Landlord. Landlord agrees to cooperate with Tenant Improvementsto the extent reasonably requested by Tenant to enable Tenant to obtain such insurance. Landlord shall have the right to require increased limits if, Alterationsin Landlord’s reasonable judgment, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) monthssuch increase is necessary. Tenant shall carry pay all premiums and maintain during the entire Term (including any option periodscharges for all of said policies, and, if applicable)Tenant shall fail to make any such payment when due or carry any such policy, Landlord may, but shall not be obligated to, make such payment or carry such policy, and the amount paid by Landlord, with interest thereon at Tenant’s sole cost and expensethe Default Rate, increased amounts of the insurance required shall be repaid to be carried Landlord by Tenant pursuant within ten (10) days following demand therefor, and all such amounts so repayable, together with such interest, shall be deemed to constitute additional Rent hereunder. Payment by Landlord of any such premium, or the carrying by Landlord of any such policy, shall not be deemed to waive or release Tenant from any remedy available to Landlord under this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by LandlordLease.

Appears in 2 contracts

Samples: Lease Agreement (Upland Software, Inc.), Lease Agreement (Upland Software, Inc.)

Tenant’s Insurance. TenantTenant shall, shall at all times during the Term of this Lease, and at its own cost and expense, procure and continue in force the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basis, with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,0002,000.000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and for written contracts, . and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvementsimprovements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, . plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; : (iii) Worker’s Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve six (126) months. Tenant shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by Landlord.

Appears in 2 contracts

Samples: Office Lease (Castle Biosciences Inc), Office Lease (Castle Biosciences Inc)

Tenant’s Insurance. TenantDuring the Lease Term, Tenant shall at maintain (a) cause of loss – special form property insurance, ISO Form CP 1030 (or comparable coverage by whatever name denominated), covering all times during alterations, additions, or improvements to the Term of this LeasePremises made after the Commencement Date, and at its own cost all trade fixtures, office supplies, office furniture and expense, procure and continue in force the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basis, with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contractsequipment, and all personal injury coverageproperty located on the Premises, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all cost, (Ab) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense commercial general liability insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) months. Tenant shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations thereinuse thereof on ISO Form CG 0001 (or comparable coverage by whatever name denominated), insuring against claims for personal or bodily injury or death or property damage (including contractual indemnity and liability coverage without contractual exclusion) occurring upon, in or about the Premises, affording protection to the limit of not less than $1,000,000 per occurrence for bodily injury and property damage, $1,000,000 per occurrence for personal or advertising injury, and $2,000,000 for general aggregate liability (c) motor vehicle liability insurance with coverage for all owned, non-owned, and hired vehicles with combined single limits of not less than $2,000,000 per occurrence, (d) business income and extra expense coverage in an amount not less than six months of income and ongoing expenses and including an endorsement to cover losses arising from interruption of utilities outside of the Premises, (e) if requested in writing by Landlord based upon its reasonable assessment of the risk of liability arising out of Tenant’s activities or proposed activities on or about the Premises, environmental liability insurance covering the cost of investigation, response or remediation related to Hazardous Substances disposed of or released on, under, or about the Building and the Premises by Tenant in the amount of One Million Dollars ($1,000,000) per occurrence, and (f) such other insurance and such other coverage as Landlord shall deem appropriate. Tenant’s policies (1) must contain an endorsement that Tenant’s insurance is primary, with the policies of Landlord being excess, secondary and noncontributing, (2) must be issued by and binding upon an insurance company licensed to do business in the state in which the Land is located having a Best’s Rating of A- or better and a Best’s Financial Size Category of VII or better, (3) shall name Landlord and any individuals, entities or firms involved with, or having a lien upon, the Premises, the Land, the Building and/or the Project (the “Protected Parties”), which Landlord may designate from time to time by delivering written notice thereof to Tenant, as may be reasonably required an additional insured and must not exclude coverage for the sole or contributory ordinary negligence of Landlord, and (4) require thirty (30) days advance written notice to Landlord prior to cancellation. Tenant shall deliver such certificates, documents or other instruments of proof requested by Landlord, evidencing such coverage (i) prior to the Commencement Date, (ii) at least fifteen (15) days prior to the expiration of such policies, and (iii) within fifteen (15) days after written request of Landlord; provided, further, that Accord Form 25 Certificates of Liability shall be used for liability coverage and Accord Form 28 Evidence of Property Insurance shall be used for property coverage.

Appears in 2 contracts

Samples: Warehouse Lease Agreement (Lakeside Holding LTD), Warehouse Lease Agreement (Lakeside Holding LTD)

Tenant’s Insurance. Tenant, shall at all times during the Term of this Lease, and at its own cost and expense, procure and continue in force the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basis, with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article Section 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) months. Tenant shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article Section 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by Landlord.

Appears in 2 contracts

Samples: Standard Office Lease (Celladon Corp), Office Lease (ASC Acquisition LLC)

Tenant’s Insurance. Tenant, shall at all times during the Term of this Lease, and at its own cost and expense, procure and continue in force the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basis, with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,000) [***] per occurrence and Three Million Dollars ($3,000,000) [***] in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s 's Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s 's business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) months. Tenant shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s 's sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s 's operations therein, as may be reasonably required by Landlord, so long as such increased amounts and/or other types of insurance coverage are then generally required by comparable landlords of comparable first-class, institutional quality buildings in the vicinity of the Project.

Appears in 2 contracts

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

Tenant’s Insurance. TenantEffective as of the earlier of (1) the date Tenant enters or occupies the Premises, shall at all times during or (2) the Term of this LeaseCommencement Date, and at its own cost and expensecontinuing throughout the Term, procure and continue in force Tenant shall maintain the following insurance coveragepolicies: (i) Commercial General Liability Insurance, written on an occurrence basis, with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (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 Improvementsshall 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, Alterationsif applicable) in such amounts as Landlord may reasonably require), fixtures 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 other 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 Lxxxxxxx’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 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), (D) contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not limited to all mechanicalalready included in Tenant’s commercial general liability insurance policy), plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities(E) worker’s compensation insurance, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s Compensation coverage as required by law; and (ivF) business interruptioninterruption insurance in an amount reasonably acceptable to Landlord. 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, loss of income and extra expense all other insurance covering any failure or interruption of to be maintained by Tenant shall have no deductible. Tenant’s business equipment (includinginsurance shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) monthsin such circumstance Landlord’s policy will be excess over Tenant’s policy. Tenant shall carry furnish to Landlord certificates of such insurance and maintain during the entire Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required hereunder at least ten days prior to the earlier of the Commencement Date or the date Tenant enters or occupies the Premises, and at least 15 days prior to each renewal of said insurance, and Tenant shall obtain a written obligation on the part of each insurance company to notify Landlord at least 30 days before cancellation or a material change of any such insurance policies. All such insurance policies shall be carried in form, and issued by companies with a Best’s rating of A+:VII or better, 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 other remedy available pursuant to this Article 14 Lease or otherwise, may, but shall not be obligated to, obtain such insurance and Tenant shall pay to Landlord on demand the premium costs thereof, plus an administrative fee of 15% of such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by Landlordcost.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Polarityte, Inc.), Lease Agreement (Polarityte, Inc.)

Tenant’s Insurance. Tenant, shall Tenant covenants and agrees to procure at all times its expense on or before the Lease Commencement Date and to keep in force during the Lease Term of this Leasenaming Landlord, DuPont Fabros Development LLC, Jaguar Management LLC, its management agent for the Property (the “Agent”), and at its own cost and expense, procure and continue in force the following insurance coverageTenant as insured parties: (ix) Commercial General a commercial general liability insurance policy or such successor comparable form of coverage in the broadest form then available (hereinafter referred to as a “Liability Insurance, Policy”) written on an occurrence basis, with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coveragewithout limitation, blanket contractual liability coverage, broad form property damage, independent contractor’s coverage including both oral and written contracts, and personal injury coverage, covering protecting Landlord, the Agent and Tenant against any liability whatsoever, occasioned by any occurrence on or about the Premises or any appurtenances thereto, (y) a fire and other casualty policy (a “Fire Policy”) insuring provisions the full replacement value of this Lease Tenant’s leasehold improvements, regardless of by whom installed, and all of the performance furniture, trade fixtures and other personal property of Tenant of located in the indemnity Premises against loss or damage by fire, theft and exemption of Landlord from liability agreements set forth in Article 13 hereof; such other risks or hazards, and (iiz) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal against loss or damage to the full replacement value new without deduction for depreciation major components of all (A) Tenant Improvementsthe air-conditioning and heating system, Alterationsflywheels, fixtures steam pipes, steam turbines, steam engineer, steam boilers, and other improvements pressure vessels, high pressure piping and machinery, if any, such as are installed by or on behalf of Tenant in the PremisesPremises except as to items of Landlord’s Work. Such policies shall also insure against physical damage to the Premises arising out of an accident covered thereunder; such policies are to be written by good and solvent insurance companies licensed to do business in the District of Columbia satisfactory to Landlord, including but shall have not limited to all mechanicalless than a Best’s A+ 10 rating and shall be in such limits and with such maximum deductibles as Landlord may reasonably require. As of the date of this Lease, plumbingLandlord reasonably requires limits of liability under: clause (x) above, heatingthe Liability Policy of not less than $2,000,000 combined single limit per occurrence for bodily or personal injury (including, ventilatingdeath); clause (y) above, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixturesthe value of Tenant’s leasehold improvements, furniture, equipment trade fixtures and other personal property installed by or at the expense with a deductible of Tenant; (iii) Worker’s Compensation coverage as required by lawno more than $1,000.00; and clause (ivz) business interruptionabove, loss machinery insurance for full replacement cost of income and extra expense insurance covering any failure or interruption equipment with a deductible of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less no more than twelve (12) months$1,000.00. Tenant shall carry and maintain during will furnish Landlord with such information as Landlord may reasonably request from time to time as to the entire Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts value of the items specified in clause (y) above within ten (10) days after request therefor. Such insurance required to may be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts under a blanket policy covering the Premises and other locations of Tenant’s operations therein, as may if any, provided that each such policy shall in all respects comply with this Article and shall specify (i) that the portion of the total coverage of such policy that is allocated to the Premises is in the amounts required pursuant to this Section 14.1 and (ii) any sublimits in such blanket policy and such policy shall specify, or Tenant shall furnish Landlord a written statement from the insurer under such policy, that the protection afforded Tenant under any such blanket policy shall be reasonably required by Landlord.no

Appears in 1 contract

Samples: Lease Agreement (Dupont Fabros Technology, Inc.)

Tenant’s Insurance. Tenant shall, at Tenant's expense, shall at all times maintain during the Term term of this LeaseLease (and, and at its own cost and expenseif Tenant occupies or conducts activities in or about the Premises prior to or after the term hereof, procure and continue in force the following insurance coverage: then also during such pre-term or post-term period): (i) Commercial General Liability Insurance, written on an occurrence basiscommercial general liability insurance including contractual liability coverage, with a minimum coverages of $1,000,000 per occurrence combined single limit for bodily injury and property damages of damage, $1,000,000 for products-completed operations coverage, $100,000 fire legal liability, $1,000,000 for personal and advertising injury (which coverage shall not less than Two Million Dollars (be subject to the contractual liability exclusion), with a $2,000,000) per occurrence 2,000,000 general aggregate limit, for injuries to, or illness or death of, persons and Three Million Dollars ($3,000,000) damage to property occurring in or about the Premises or otherwise resulting from Tenant's operations in the annual aggregateBuilding, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy property insurance protecting Tenant against loss or damage by fire and such other risks as are insurable under then-available standard forms of standard fire, extended coverage "all risk" insurance policies (excluding earthquake and special extended coverage insurance (all risksflood but including water damage), including a vandalism covering Tenant's personal property and malicious mischief endorsementtrade fixtures in or about the Premises or the Real Property, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided any improvements and/or Alterations in an amount equal to the Premises, for the full replacement value new thereof without deduction for depreciation depreciation, except that Tenant shall not be required to insure any of all (A) Tenant Improvements, Alterations, fixtures and other improvements the Initial Alterations in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication Premises which are normal and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenantcustomary general office improvements; (iii) Worker’s Compensation workers' compensation insurance in statutory limits; (iv) at least three months' coverage as required by lawfor loss of business income and continuing expenses, providing protection against any peril included within the classification "all risk," excluding earthquake and flood but including water damage; and (ivv) business interruptionif Tenant operates owned, loss leased or non-owned vehicles on the Real Property, comprehensive automobile liability insurance with a minimum coverage of income $1,000,000 per occurrence, combined single limit. The above described policies shall protect Tenant, as named insured, and extra expense insurance covering Landlord and all the other Indemnitees and any failure or interruption of Tenant’s business equipment (includingother parties designated by Landlord, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) months. Tenant as additional insureds; shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 insure Landlord's and such other parties' contingent liability with regard to acts or omissions of Tenant; shall specifically include all liability assumed by Tenant under this Lease (provided, however, that such contractual liability coverage shall not limit or be deemed to satisfy Tenant's indemnity obligations under this Lease); and, if subject to deductibles, shall provide for deductible amounts not in excess of those approved in advance in writing by Landlord in its reasonable types discretion. Landlord reserves the right to increase the foregoing amount of insurance liability coverage from time to time as Landlord reasonably determines is required to adequately protect Landlord and the other parties designated by Landlord from the matters insured thereby (provided, however, that Landlord makes no representation that the limits of liability required hereunder from time to time shall be adequate to protect Tenant), and to require that Tenant cause any of its contractors, vendors, movers or other parties conducting activities in such reasonable amounts covering or about or occupying the Premises to obtain and Tenant’s operations therein, maintain insurance as may reasonably determined by Landlord and as to which Landlord and such other parties designated by Landlord shall be reasonably required by Landlordadditional insureds.

Appears in 1 contract

Samples: Embarcadero Technologies Inc

Tenant’s Insurance. TenantEffective as of the earlier of • the date Tenant enters or occupies the Premises, shall at all times during or • the Term of this LeaseCommencement Date, and at its own cost and expensecontinuing throughout the Term, procure and continue in force Tenant shall maintain the following insurance policies: commercial general liability insurance (including property damage, bodily injury and personal injury and non-owned and hired vehicle coverage: (i) Commercial General Liability Insurance, written on an in amounts of $1,000,000 per occurrence basisin primary coverage, with an additional $5,000,000 in umbrella coverage or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (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 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, cause of loss-special risk form (formerly “all-risk”) insurance (including sprinkler leakage, ordinance and law, sewer back-up, pipe burst, wind-driven rain, water leakage, flood, earthquake, windstorm and collapse coverage) 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, cause of loss-special risk form (formerly “all-risk”) insurance covering the full value of all furniture, trade fixtures, equipment 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), 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), 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 bodily injury each accident, insuring Tenant (and naming as additional insureds Landlord, Landlord’s property damages of management company, Landlord’s asset management company and, if requested in writing by Landlord, Landlord’s Mortgagee), worker’s compensation insurance as required by applicable state law and employer’s liability insurance with limits not less than Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars (1,000,000 each accident, $3,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts1,000,000 disease policy limit, and personal injury coverage$1,000,000 disease each employee, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage business interruption insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal reasonably acceptable to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures Landlord. Tenant’s insurance shall be primary and other improvements in the Premises, including but not limited non-contributory when any policy issued to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilitiesLandlord provides duplicate or similar coverage, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Workerin such circumstance Landlord’s Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of policy will be excess over Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) monthspolicy. Tenant shall carry furnish to Landlord certificates of such insurance and maintain during such other evidence satisfactory to Landlord of the entire Term maintenance of all insurance coverages required hereunder at least ten days prior to the earlier of the Commencement Date or the date Tenant enters or occupies the Premises (including in any option periodsevent, if applicablewithin ten days of the effective date of coverage), and at least 15 days prior to each renewal of said insurance, and Tenant shall ensure that each of its policies requires the insurance company to notify Landlord at least 30 days before cancellation or material change of such policy, or if that is not possible, Tenant shall so notify Landlord in writing at least 30 days before such cancellation or material change. All such insurance policies shall be in form reasonably satisfactory to Landlord and issued by companies with an A.M. Best rating of A+:VIII or better. However, no review or approval of any insurance certificate or policy by Landlord shall derogate from or diminish Landlord’s rights or Tenant’s sole cost and expenseobligations hereunder. If Tenant fails to comply with the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, increased amounts of the insurance required Landlord, in addition to be carried by Tenant any other remedy available pursuant to this Article 14 Lease or otherwise, may, but shall not be obligated to, obtain such insurance and Tenant shall pay to Landlord the premium costs thereof, plus an administrative fee of 15% of such other reasonable types cost within 30 days after receipt of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by Landlordan invoice therefor.

Appears in 1 contract

Samples: Lease Agreement (Dicerna Pharmaceuticals Inc)

Tenant’s Insurance. TenantTenant shall, shall at all times during the Term of this Lease, and at its own cost and expense, procure and continue in force the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basis, with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and for written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s 's Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s 's business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve six (126) months. Tenant shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s 's sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s 's operations therein, as may be reasonably required by Landlord; provided, however, in no event shall Landlord have the right to request any increased insurance amounts or additional coverages more than once every three (3) years during the Term.

Appears in 1 contract

Samples: Office Lease (Castle Biosciences Inc)

Tenant’s Insurance. Tenant, shall at all times Tenant’s expense, agrees to maintain in force, with a company or companies reasonably acceptable to Landlord, during the Term Term: (a) Commercial General Liability Insurance on a primary basis and without any right of contribution from any insurance carried by Landlord covering the Premises on an occurrence basis against all claims for personal injury, bodily injury, death and property damage, including contractual liability covering the indemnification provisions in this Lease, and at its own cost and expense, procure and continue in force the following such insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basis, with shall be for such limits that are reasonably required by Landlord from time to time but not less than a combined single limit for bodily injury of Two Million and No/100 Dollars ($2,000,000.00); (b) Workers’ Compensation and Employers’ Liability Insurance to the extent required by and in accordance with the Laws of the State of California; (c) “All Risks” property damages insurance in an amount adequate to cover the full replacement cost of all Tenant Additions, equipment, installations, fixtures and contents of the Premises in the event of loss; (d) in the event a motor vehicle is to be used by Tenant in connection with its business operation from the Premises, Comprehensive Automobile Liability Insurance coverage with limits of not less than Two One Million and No/100 Dollars ($2,000,0001,000,000.00) per occurrence combined single limit coverage against bodily injury liability and Three Million Dollars 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 vehicles; ($3,000,000e) in the annual aggregate, including products liability coverage if applicable, owners Business Interruption Insurance; and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease (f) such other insurance or coverages as Landlord reasonably requires. Each policy shall (i) name Landlord and the performance of Tenant of the indemnity Indemnitees as additional insureds (except Workers’ Compensation and exemption of Landlord from liability agreements set forth in Article 13 hereof; Employers’ Liability Insurance), (ii) a policy be issued by one or more responsible insurance companies licensed to do business in the State of standard fireCalifornia reasonably satisfactory to Landlord, extended coverage (iii) where applicable, provide for deductible amounts and special extended coverage co-insurance provisions reasonably satisfactory to Landlord, (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal iv) shall provide that such insurance may not be canceled or amended without thirty (30) days’ prior written notice to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures Landlord and any Mortgagee or other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilitiesparty reasonably designated by Landlord, and (Bv) trade fixtureseach policy of “All-Risks” property insurance shall provide that the policy shall not be invalidated should the insured waive in writing prior to a loss, furnitureany or all rights of recovery against any other party for losses covered by such policies. Tenant shall deliver to Landlord, equipment certificates of insurance and other personal property installed at Landlord’s request, copies of all policies and renewals thereof to be maintained by or at the expense of Tenant; (iii) Worker’s Compensation coverage as required by law; and (iv) business interruptionTenant hereunder, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve ten (1210) months. Tenant shall carry days prior to the Commencement Date and maintain during not less than thirty (30) days prior to the entire Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts expiration date of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by Landlordeach policy.

Appears in 1 contract

Samples: Commencement Date Agreement (Zendesk, Inc.)

Tenant’s Insurance. TenantTenant shall maintain insurance complying with all of the following: Tenant shall procure, shall pay for and keep in full force and effect, at all times during the Term Lease Term, the following: Commercial general liability insurance insuring Tenant against liability for personal injury, bodily injury, death and damage to property occurring within the Leased Premises, or resulting from Tenant's use or occupancy of this Leasethe Leased Premises, and at its own cost and expensethe Buildings, procure and continue the Outside Areas or the Property, or resulting from Tenant's activities in force or about the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basisLeased Premises or the Property, with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to Tenant's Required Liability Coverage (as set forth in Article 1), which insurance shall contain "blanket contractual liability" and "broad form property damage" endorsements insuring Tenant's performance of Tenant's obligations to indemnify Landlord as contained in this Lease. Fire and property damage insurance in "special form" coverage insuring Tenant against loss from physical damage to the full replacement value new without deduction for depreciation of all (A) Removable Tenant Improvements, AlterationsTenant's personal property, inventory, trade fixtures and improvements within the Leased Premises with coverage for the full actual replacement cost thereof; [intentionally deleted]; Plate glass insurance, at actual replacement cost; Boiler and machinery insurance, to limits sufficient to restore the Buildings; [intentionally deleted]; Workers' compensation insurance (statutory coverage) with employer's liability in amounts not less than $1,000,000 insurance sufficient to comply with all laws; and With respect to making of any Alterations or the like (other improvements than the Tenant Improvements, which are governed by the Work Letter) undertaken by Tenant, course of construction, commercial general liability, automobile liability and workers' compensation (to be carried by Tenant's contractor), in an amount and with coverage reasonably satisfactory to Landlord. Each policy of liability insurance required to be carried by Tenant pursuant to this paragraph or actually carried by Tenant with respect to the Leased Premises or the Property: (i) shall, except with respect to insurance required by subparagraph (a)(ii) and (vii) above, name Landlord, and such others as are designated by Landlord, as additional insureds; (ii) shall be primary insurance providing that the insurer shall be liable for the full amount of the loss, up to and including the total amount of liability set forth in the Premisesdeclaration of coverage, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and without the right of contribution from or prior payment by any other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense insurance coverage of TenantLandlord; (iii) Worker’s Compensation coverage as required by lawshall be in a form reasonably satisfactory to Landlord; and (iv) business interruptionshall be carried with companies reasonably acceptable to Landlord with Best's ratings of at least A and XI; (v) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least thirty (30) days prior written notice to Landlord, and (vi) shall contain a so-called "severability" or "cross liability" endorsement. Each policy of property insurance maintained by Tenant with respect to the Leased Premises or the Property or any property therein (i) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least thirty (30) days prior written notice to Landlord and (ii) shall contain a waiver and/or a permission to waive by the insurer of any right of subrogation against Landlord, its partners, principals, members, officers, 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 partners, principals, members, officers, employees, agents and contractors. Prior to the time Tenant or any of its contractors enters the Leased Premises, Tenant shall deliver to Landlord, with respect to each policy of insurance required to be carried by Tenant pursuant to this Article, a copy of such policy (appropriately authenticated by the insurer as having been issued, premium paid) or a certificate of the insurer certifying in form satisfactory to Landlord that a policy has been issued, premium paid, providing the coverage required by this Paragraph and containing the provisions specified herein. With respect to each renewal or replacement of any such insurance, the requirements of this Paragraph must be complied with not less than thirty days prior to the expiration or cancellation of the policies being renewed or replaced. Landlord may, at any time and from time to time, inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article. If Landlord's Lender, insurance broker, advisor or counsel reasonably determines at any time that the amount of coverage set forth in Paragraph 9.1(a) for any policy of insurance Tenant is required to carry pursuant to this Article is not adequate, then Tenant shall increase the amount of coverage for such insurance to such greater amount as Landlord's Lender, insurance broker, advisor or counsel reasonably deems adequate, provided such insurance is customarily maintained or required for projects similar to the Leased Premises. Landlord's Insurance. With respect to insurance maintained by Landlord: Landlord shall maintain, as the minimum coverage required of it by this Lease, fire and property damage insurance in so-called special form coverage insuring Landlord (and such others as Landlord may designate) against loss from physical damage to the Building Shells, and the Landlord's Improvements with coverage of not less than one hundred percent (100%) of the full actual replacement cost thereof and against loss of income and extra expense insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover rents for a period of interruption of not less than twelve (12) months. Such fire and property damage insurance, at Landlord's election but without any requirements on Landlord's behalf to do so, (i) may be written in so-called "all risk" form, excluding only those perils commonly excluded from such coverage by Landlord's then property damage insurer; and (ii) may be endorsed to cover loss or damage caused by any additional perils against which Landlord may elect to insure, including earthquake and/or flood. Landlord shall not be required to cause such insurance to cover any of the Removable Tenant Improvements or Tenant's personal property, inventory, and trade fixtures, or any modifications, alterations or improvements made or constructed by Tenant to or within the Leased Premises. Landlord shall use commercially reasonable efforts to obtain such insurance at competitive rates. In the event Landlord elects to carry earthquake insurance or is required to carry earthquake insurance by any Lender, Landlord shall notify Tenant of the rates and the deductibles obtained by Landlord for such insurance. Within ten (10) days thereafter, Tenant shall carry and maintain during have the entire Term right to propose lower cost insurance, which Landlord may elect to take in its reasonable discretion; provided, however, that in no event shall Landlord be required to take any earthquake insurance that does not comply with the requirements (including any option periodsmaximum deductible) of any Lender. Landlord shall maintain commercial general liability insurance insuring Landlord (and such others as are designated by Landlord) against liability for personal injury, if applicable)bodily injury, at Tenant’s sole cost death, and expensedamage to property occurring in, increased amounts on or about, or resulting from the use or occupancy of the Property, or any portion thereof, with combined single limit coverage of at least Five Million Dollars ($5,000,000). Landlord may carry such greater coverage as Landlord or Landlord's Lender, insurance required broker, advisor or counsel may from time to be time determine is reasonably necessary for the adequate protection of Landlord and the Property. Landlord may maintain any other insurance which in the opinion of its insurance broker, advisor or legal counsel is prudent in carry under the given circumstances, provided such insurance is commonly carried by Tenant pursuant to this Article 14 owners of property similarly situated and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by Landlordoperating under similar circumstances.

Appears in 1 contract

Samples: Lease (Cell Genesys Inc)

Tenant’s Insurance. Tenant, at its expense, shall maintain at all times during the Term commercial general liability insurance, including a contractual liability endorsement and personal injury liability coverage, in respect of this Lease, the Premises and at its own cost and expense, procure and continue in force the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basisconduct or operation of business therein, with Landlord, the Property Manager, Ground Lessor, Superior Mortgagee and any other holder of a combined single limit Superior Interest whose name and address shall previously have been furnished to Tenant, as additional insureds, with limits of not less than $10,000,000.00 per occurrence for bodily injury and property damages damage. Tenant shall also maintain (i) “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 Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new thereof, (ii) business interruption insurance for a minimum period of three (3) 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, (iii) comprehensive equipment breakdown insurance (without deduction exclusion for depreciation of all (A) Tenant Improvementsexplosion), Alterations, fixtures and other improvements in the Premises, including but not limited to covering all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication electrical and other equipmentequipment belonging to Tenant against physical damage from all perils insured against in this Section 12.03, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s Compensation coverage as required by law; and (iv) business interruption, loss workers compensation insurance in accordance with the laws of income the State of New York and extra expense (v) comprehensive automobile liability insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption coverage with limits of not less than twelve (12) months$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 carry deliver to Landlord and maintain during any other additional insured such certificates of insurance, issued by the entire Term insurer, in form reasonably satisfactory to Landlord, at least ten (including 10) days before the Commencement Date. The “all risk” property insurance policies required to be carried by Tenant, and any option periodscertificates 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 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 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 (provided, that if applicablepermitted under all applicable Superior Instruments, then it shall not be necessary for 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 Tenant shall use commercially reasonable efforts to cause all such policies to contain a provision whereby the same cannot be cancelled, allowed to lapse or modified unless Landlord is given at least thirty (30) days’ prior written notice of such cancellation, lapse or modification, or, in the event of any cancellation, lapse or modification by reason of non-payment of the premiums due thereunder, at least ten (10) days’ prior written notice of the same (it being understood that in no event may Tenant’s sole cost insurance coverage be reduced below the coverage required pursuant to this Lease). In addition to the foregoing, Tenant shall give Landlord at least thirty (30) days’ prior written notice of any cancellation, lapse or modification reducing the coverage of the insurance policies required to be maintained by Tenant hereunder. The limits of liability required herein may be provided by a single policy of insurance or by a combination of primary and expenseumbrella policies, increased amounts but in no event shall the total limits of liability available for any one occurrence or accident be less than those required herein. Tenant’s policies of insurance may be maintained under “blanket policies” insuring the Premises and other property or locations of Tenant; provided, that such blanket policies shall (i) set forth the amount of the insurance applicable to the Premises, (ii) otherwise comply with the provisions of this Article 12, and (iii) afford the same protection to Landlord and any other additional insured as would be provided by policies individually applicable to the Premises. All insurance policies required to be maintained pursuant to this Section 12.03 shall not contain any exclusions for acts of terrorism or similar events. In addition to the other requirements set forth in this Lease, the insurance required to be carried by Tenant under this Lease shall be primary insurance for all claims under it and shall provide that any insurance carried by Landlord, the Property Manager, and the holder of any Superior Interest is strictly excess, secondary and non-contributing with any insurance carried by Tenant. Notwithstanding anything to the contrary contained herein, in no event shall any policy of insurance maintained by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by LandlordSection 12.03 have a deductible greater than $250,000.00.

Appears in 1 contract

Samples: Lease (KCG Holdings, Inc.)

Tenant’s Insurance. Tenant, shall at all times during the Term of this Lease, and at its own cost and expense, procure and continue in force the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basis, with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,0002,000,000.00) per occurrence and Three Million Dollars ($3,000,0003,000,000.00) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) months. Tenant shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by Landlord.

Appears in 1 contract

Samples: Standard Office Lease (Wowio, Inc.)

Tenant’s Insurance. TenantEffective as of the earlier of (1) the date Tenant first enters upon or occupies the Premises, shall at all times during or (2) the Term of this LeaseCommencement Date, and at its own cost and expensecontinuing throughout the Term, procure and continue in force Tenant shall maintain the following insurance coveragepolicies: (iA) Commercial General Liability Insurance, written commercial general liability insurance on an the current ISO CG 00 01 12 04 occurrence basis, form or equivalent acceptable to Landlord with a combined single limit for bodily injury and property damages of limits not less than Two Three Million Dollars ($2,000,0003,000,000.00) per occurrence occurrence, Three Million Dollars ($3,000,000.00) personal injury and advertising injury, Three Million Dollars ($3,000,000.00) products-completed operations aggregate and Three Million Dollars ($3,000,0003,000,000.00) general aggregate (which shall apply separately to the Premises) with defense costs provided in addition to policy limits, insuring Tenant, and listing as additional insureds Landlord, Landlord’s property management company, Landlord’s asset management company and any of Landlord’s Mortgagees, and such other persons and entities as Landlord may from time to time designate (collectively, the annual aggregate“Additional Insureds”) thereunder and under Tenant’s commercial excess or umbrella liability policy, if any, using ISO additional insured endorsement CG 20 11 (or a substitute acceptable to Landlord providing equivalent coverage) against all liability for personal injury, bodily injury (including mental anguish and death) or property damage or destruction (including loss of use thereof) arising from the use and occupancy of the Premises, the Building and all areas appurtenant thereto, including products liability coverage the Parking Facility and (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant’s Off Premises Equipment, all such insurance with a commercially reasonable deductible and/or self-insured retention (paid for solely by Tenant) if applicableTenant so chooses, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, (B) primary “special form” perils property damage insurance under ISO special clauses of loss form (ISO form CP 10 30) covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvementsalterations, Alterations, fixtures additions and other improvements and betterments in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication the Tenant Improvements and other equipmentAlterations, systems listing Landlord and facilitieseach of Landlord’s Mortgagees as 24 Second & Spring Avalara, Inc. additional loss payees as their interests may appear, (C) primary “special form” perils property damage insurance under ISO special clauses of loss form (ISO form CP 10 30) covering the full value of all furniture, trade fixtures, electronic data and media, business records, 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), without deduction for depreciation, (D) workers’ compensation insurance as required by the State of Washington, together with employers’ liability insurance of at least One Million Dollars ($1,000,000.00) for each accident for bodily injury by accident, One Million Dollars ($1,000,000.00) each employee for bodily injury by disease, and One Million Dollars ($1,000,000.00) policy limit for bodily injury by disease, (E) business income with extra expense insurance (ISO form CP 00 30, or equivalent acceptable to Landlord) in an amount reasonably acceptable to Landlord, and (BF) trade fixturescomprehensive automobile insurance, furnitureand if necessary, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s Compensation coverage as required by law; and (iv) business interruptioncommercial umbrella insurance, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover with a period of interruption limit of not less than twelve Three Million Dollars (12$3,000,000.00) monthseach accident, which automobile insurance shall cover liability arising out of any automobile (including owned, hired and non-owned automobiles), insuring the Additional Insureds as additional insureds thereunder. All of Tenant’s insurance shall be primary insurance as to all claims occurring within or about the Premises and provide that any insurance carried by any of the Additional Insureds is excess over, and non-contributing with, any insurance of Tenant with respect to claims occurring within or about the Premises. Tenant shall furnish to Landlord certificates of such insurance at least ten (10) days prior to the earlier of the Commencement Date or the date Tenant first enters upon or occupies the Premises, and at least fifteen (15) days prior to each renewal of said insurance (and such liability insurance certificates or other evidence shall include an endorsement or policy excerpt showing that Tenant’s coverage is primary and non-contributing with respect to any insurance afforded to any of the Additional Insureds). Tenant shall endeavor to notify Landlord and each of Landlord’s Mortgagees at least forty-five (45) days before cancellation or material reduction of any such insurance policies (ten [10] days in the event of nonpayment of premiums). Tenant shall carry and maintain during the entire Term (including any option periods, if applicable)Term, at Tenant’s sole cost and expense, its expense such increased amounts of the insurance required to be carried by Tenant pursuant to under this Article 14 Section 11(a), and such other reasonable types and amounts of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations operation therein, as may be reasonably requested by Landlord from time to time, but not in excess of the amounts and types of insurance then being required by landlords of the Comparison Buildings. If the use or occupancy of the Premises includes 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 such amounts as Landlord may reasonably require. All such insurance policies shall be in form, and issued by companies with an A.M. Best rating of A-VII or better. If Tenant fails to comply with the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein within five (5) Business Days after Landlord’s written request, Landlord, in addition to any other remedy available pursuant to this Lease or otherwise, may, but shall not be obligated to, obtain such insurance and Tenant shall pay to Landlord within thirty (30) days after Tenant’s receipt of an invoice from Landlord, together with reasonable supporting evidence, the premium costs thereof, plus an administrative fee of five percent (5%) of such cost. Landlord shall have no interest in any insurance proceeds Tenant receives for Tenant’s personal property. During the Term, Tenant shall use the proceeds from any such policy or policies of insurance for the repair or replacement of the insured 25 Second & Spring Avalara, Inc. property, subject to the terms set forth in Section 15(d), below. Landlord shall have no interest in any insurance proceeds Tenant receives for Tenant’s personal property. Tenant’s policies shall not be contributing with or in excess of any coverage which Landlord shall carry on the Building.

Appears in 1 contract

Samples: Lease Agreement (Avalara Inc)

Tenant’s Insurance. Tenant, shall at all times during the Term of this Lease, and at its own cost and expense, procure and continue in force the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basis, with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coveragecoverage if applicable, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard firefire written on special form, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsementmischief, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s 's Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s 's business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) months. Tenant shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by Landlord.

Appears in 1 contract

Samples: Standard Office Lease (Auriga Laboratories, Inc.)

Tenant’s Insurance. Tenant, shall at At all times during after the Term execution of this Lease, Tenant will carry and maintain, at its own cost and expenseexpense with insurance companies reasonably acceptable to Landlord that are rated no less than A-, procure and continue in force the following insurance coverageClass VI, by A.M. Best Company: (i) Commercial General Liability Insurancea commercial general liability insurance policy, written on an occurrence basisincluding insurance against assumed or contractual liability under this Lease, for liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto, including any portion of the Common Areas used by Tenant, to afford protection with a combined single limit for respect to bodily injury and injury, death or property damages damage (including loss of use) of not less than One Million Dollars ($1,000,000) each occurrence/Two Million Dollars ($2,000,000) per occurrence aggregate; (ii) an all-risks property and Three casualty insurance (special form building and personal property coverage) policy, including theft coverage, written at replacement cost value with replacement cost endorsements, covering all of the Tenant’s property; (iii) a worker’s compensation insurance policy with applicable statutory limits, (iv) automobile liability insurance with single limit coverage of at least $1,000,000 for all owned, leased/hired or non-owned vehicles, (v) an excess/umbrella liability policy “following form” of not less than Four Million Dollars ($3,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks4,000,000), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers “drop down” feature in case the limits of the primary policy are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilitiesexhausted, and (Bvi) trade fixtures, furniture, equipment and other personal property installed by if Tenant will serve or sell alcohol at the expense Project, a liquor liability insurance policy with minimum coverage of Tenant; One Million Dollars (iii) Worker’s Compensation coverage $1,000,000). Landlord may also require all Outside Contractors to provide in addition to the insurance coverages referenced above such other insurance in amounts and types and with such companies as required may be reasonably requested by law; and (iv) business interruptionLandlord, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering construction all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) months. Tenant shall carry and maintain during the entire Term risk/builder’s risks (including any option periodsloss of revenue) insurance, if applicable)professional errors and omissions liability insurance, at Tenant’s sole cost and expense, increased amounts of the insurance covering such contractor's equipment and tools. Each insurance policy required to be carried maintained hereunder by Tenant pursuant to this Article 14 shall include an “Additional Insured Endorsement” in favor of Parkway Properties, Inc., its subsidiaries and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations thereinaffiliated companies, as well as the employees, officers, directors and agents of such companies and any other designees of Landlord and shall be primary. An XXXXX 25 certificate of such insurance in a form reasonably satisfactory to Landlord, or certified copies of the policies, shall be furnished to Landlord on or before the earlier of the Commencement Date or ten (10) days after execution of the Lease, reflecting the limits and endorsements required herein, and renewal XXXXX 25 certificates or certified copies of renewal policies shall be delivered to Landlord at least ten (10) days prior to the expiration date of any policy. Each policy shall require notice of nonrenewal to Landlord and shall further provide that it may not be altered or canceled without thirty (30) days prior notice to Landlord. Landlord agrees to cooperate with Tenant to the extent reasonably required requested by Tenant to enable Tenant to obtain such insurance. Landlord shall have the right to require increased limits if, in Landlord’s reasonable judgment, such increase is necessary.

Appears in 1 contract

Samples: Lease Agreement (UBL Interactive,Inc.)

Tenant’s Insurance. Tenant, shall at At all times during after the Term execution of this Lease, Tenant will carry and maintain, at its own cost and expenseexpense with insurance companies reasonably acceptable to Landlord that are rated no less than A-, procure and continue in force the following insurance coverageClass IV, by A.M. Best Company: (i) Commercial General Liability Insurancea commercial general liability insurance policy, written on an occurrence basisincluding insurance against assumed or contractual liability under this Lease, for liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto, including any portion of the Common Areas used by Tenant, to afford protection with a combined single limit for respect to bodily injury and injury, death or property damages damage (including loss of use) of not less than One Million Dollars ($1,000,000) each occurrence/Two Million Dollars ($2,000,000) per occurrence aggregate; (ii) an all-risks property and Three casualty insurance (special form building and personal property coverage) policy, including theft coverage, written at replacement cost value with replacement cost endorsements, covering all of the Tenant’s property; (iii) to the extent required by applicable Law, a worker’s compensation insurance policy with applicable statutory limits, (iv) automobile liability insurance with single limit coverage of at least $1,000,000 for all owned, leased/hired or non-owned vehicles, (v) an excess/umbrella liability policy “following form” of not less than Four Million Dollars ($3,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks4,000,000), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers “drop down” feature in case the limits of the primary policy are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilitiesexhausted, and (Bvi) trade fixtures, furniture, equipment and other personal property installed by if Tenant will serve or sell alcohol at the expense Project, a liquor liability insurance policy with minimum coverage of Tenant; One Million Dollars (iii) Worker’s Compensation coverage $1,000,000). Landlord may also require all Outside Contractors to provide in addition to the insurance coverages referenced above such other insurance in amounts and types and with such companies as required may be reasonably requested by law; and (iv) business interruptionLandlord, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering construction all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) months. Tenant shall carry and maintain during the entire Term risk/builder’s risks (including any option periodsloss of revenue) insurance, if applicable)professional errors and omissions liability insurance, at Tenantand insurance covering such contractor’s sole cost equipment and expense, increased amounts of the tools. Each insurance policy required to be carried maintained hereunder by Tenant pursuant to this Article 14 shall include an “Additional Insured Endorsement” in favor of Parkway Properties, Inc., its subsidiaries and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations thereinaffiliated companies, as well as the employees, officers, directors and agents of such companies and any other designees of Landlord and shall be primary. An XXXXX 25 certificate of such insurance in a form reasonably satisfactory to Landlord, or certified copies of the policies, shall be furnished to Landlord on or before the earlier of the Commencement Date or ten (10) days after execution of the Lease, reflecting the limits and endorsements required herein, and renewal XXXXX 25 certificates or certified copies of renewal policies shall be delivered to Landlord at least ten (10) days prior to the expiration date of any policy. Each policy shall require notice of nonrenewal to Landlord and shall further provide that it may not be altered or canceled without thirty (30) days prior notice to Landlord. Landlord agrees to cooperate with Tenant to the extent reasonably required requested by Tenant to enable Tenant to obtain such insurance. Landlord shall have the right to require increased limits if, in Landlord’s reasonable judgment, such increase is necessary.

Appears in 1 contract

Samples: Lease Agreement (Us Dataworks Inc)

Tenant’s Insurance. TenantA. Tenant shall procure and maintain, shall or cause to be maintained, at all times during the Term of this Lease, and at its own cost and expense, procure and continue in force the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basis, with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) months. Tenant shall carry and maintain during the entire Term (including any option periods, if applicable)Term, at Tenant’s 's sole cost and expense, increased amounts and until each and every obligation of Tenant contained in this Lease has been fully performed, no less than the following insurance: (i) insurance covering all of Tenant's employees for Worker's Compensation, in statutory amounts, and Employer's liability coverage of: $1,000,000.00 for each accident, each 992596_11 10 employee and per policy and shall include a waiver of subrogation in favor of Landlord and Landlord's property manager; (ii) Commercial General Liability covering Tenant against any claims arising out of liability for bodily injury and death and personal injury and advertising injury and property damage occurring in and about the Premises, and/or the Building and otherwise resulting from any acts and operations of Tenant, its agents, contractors, invitees and employees, with combined single limit of $1,000,000.00 per occurrence and $2,000,000.00 annual general aggregate. Coverage shall include premises liability, products/completed operation liability, fire legal liability, host liquor liability and contractual liability including coverage for insured contracts; (iii) when any motor vehicles are used in connection with this Lease, Tenant shall provide Automobile Liability Insurance to include owned, non-owned or hired automobiles and automobile contractual liability with limits of not less than $1,000,000.00 combined single limit and such other coverages as required by the laws of the insurance State where the Premises are located; (iv) Umbrella Liability Insurance to be excess and follow-form over the Commercial General Liability, Automobile Liability and Employer's Liability Insurance. The Umbrella Liability policy shall be written on an "occurrence" form with a limit of liability of $5,000,000.00 and a Self-Insured Retention no greater than $10,000.00; (v) property coverage provided under a Special Form or "All Risks" policy, in an amount of the full replacement cost value of the Tenant's Property (which shall include Alterations) and include an agreed amount endorsement waiving any coinsurance limitation; (vi) Business Income coverage with limits not less than an amount necessary to cover continuing expenses including Rent and extra expenses for at least one (1) year; and (vii) such other policy or policies as are deemed reasonably necessary by Landlord. If, pursuant to the provisions of Section 1.1 of this Lease, Tenant is in the business of manufacturing, selling, distributing, serving or furnishing alcoholic beverages, then Tenant shall obtain and maintain, throughout the entire Term, liquor liability and dram shop insurance, in such amounts as Landlord may require, and if no such amount is specified by Landlord, in amounts no less than the minimums required by Applicable Law. In addition to the aforementioned insurances, and during any such time as any alterations or work is being performed at the Premises (except that work being performed by the Landlord or on behalf of Landlord) Tenant, at its sole cost and expense, shall carry, or shall cause to be carried by and shall deliver to Landlord at least ten (10) days prior to commencement of any such alteration or work, evidence of insurance with respects to (a) workers compensation insurance covering all persons employed in connection with the proposed alteration or work in statutory limits, (b) general/excess liability insurance, in an amount commensurate with the work to be performed but not less than $2,000,000.00 per occurrence and in the aggregate, for ongoing and completed operations insuring against bodily injury and property damage and naming all additional insured parties as outlined below and required of Tenant pursuant and shall include a waiver of subrogation in favor of such parties, (c) builders risk insurance, to this Article 14 the extent such alterations or work may require, on a completed value form including permission to occupy, covering all physical loss or damages, in an amount and kind reasonable satisfactory to Landlord, and (d) such other reasonable types of insurance coverage and insurance, in such reasonable amounts covering amounts, as Landlord deems reasonably necessary to protect Landlord's interest in the Premises and from any act or omission of Tenant’s operations therein, as may be reasonably required by Landlord's contractors or subcontractors.

Appears in 1 contract

Samples: Lease (Dixie Group Inc)

Tenant’s Insurance. Tenant, shall at all times during the Term of this Lease, and at At its own sole cost and expense, procure Tenant shall maintain in full force and continue in force effect during the Term the following insurance coveragecoverages insuring against claims which may arise from or in connection with Tenant's operation and use of the Premises: (ia) Commercial General Liability Insurancegeneral liability insurance with minimum limits of $1,000,000.00 per occurrence and $3,000,000.00 general aggregate for bodily injury, written on an occurrence basis, personal injury and property damage; (b) Workers' compensation insurance with statutory limits and employer's liability with a combined single $1,000,000.00 per accident limit for bodily injury or disease; (c) Automobile liability insurance covering all owned, non-owned and hired vehicles of Tenant with a $1,000,000.00 per accident limit for bodily injury and property damages damage; (c) Property insurance against all risks of not less than Two Million Dollars loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no co-insurance penalty provision; and ($2,000,000e) per occurrence Business interruption insurance with a limit of liability representing loss of at least approximately 6 months of income. Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy and Three Million Dollars ($3,000,000) annually thereafter. If, in the annual aggregateopinion of Landlord's insurance adviser, including products liability the amount or scope of such coverage if applicableis deemed inadequate at any time during the Term, owners and contractors protective coverage, blanket contractual Tenant shall increase such coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions to such reasonable amounts or scope as Landlord's adviser deems adequate. All insurance required under Section 8.1 of this Lease shall: (i) be primary and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereofnon-contributory; (ii) a policy provide for severability of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenantinterests; (iii) Worker’s Compensation coverage be issued by insurers licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide; (iv) be endorsed to include Landlord, the property manager employed by Landlord in connection with the Property, and such other persons or entities as required by lawLandlord may from time to time designate, as additional insureds (commercial general liability insurance only); and (ivv) business interruption, loss be endorsed to provide at least 30 days' prior notification of income and extra expense insurance covering any failure cancellation or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient material change in coverage to cover a period of interruption of not less than twelve (12) months. Tenant shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by Landlordsaid additional insureds.

Appears in 1 contract

Samples: Lease Agreement (Carrollton Bancorp)

Tenant’s Insurance. Tenant, shall at all times during the Term of this Lease, and at its own cost and expense, procure and continue in force the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basis, with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contractscoverage, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures Improvements and other improvements Alterations in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilitiesfacilities installed by Tenant, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) months. Tenant shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by Landlord; provided that (A) Landlord may not require Tenant to provide any new or increased insurance coverages more than once during the initial Term nor more than once during any Option Term, and (B) Landlord may not require Tenant to carry any type or amount of insurance coverages in excess of that generally required to be carried by comparable tenants in comparable building projects owned by comparable owners in the Sunnyvale market.

Appears in 1 contract

Samples: Standard Office Lease (Aruba Networks, Inc.)

Tenant’s Insurance. Tenant shall, at Tenant’s expense, shall at all times maintain during the Term term of this LeaseLease (and, and at its own cost and expenseif Tenant occupies or conducts activities in or about the Premises prior to or after the term hereof, procure and continue in force the following insurance coverage: then also during such pre-term or post-term period): (i) Commercial General Liability Insurance, written on an occurrence basiscommercial general liability insurance including contractual liability coverage, with a minimum coverages of Three Million Dollars ($3,000,000.00) per occurrence combined single limit for bodily injury and property damages of not less than Two damage, One Million Dollars ($2,000,0001,000,000.00) per occurrence and Three for products-completed operations coverage, One Hundred Thousand Dollars ($100,000.00) fire legal liability, One Million Dollars ($3,000,0001,000,000.00) for personal and advertising injury (which coverage shall not be subject to the contractual liability exclusion), with a Five Million Dollars ($5,000,000.00) general aggregate limit, for injuries to, or illness or death of, persons and damage to property occurring in or about the Premises or otherwise resulting from Tenant’s operations in the annual aggregateBuilding, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy property insurance protecting Tenant against loss or damage by fire and such other risks as are insurable under then-available standard forms of standard fire, extended coverage “special form” (previously known as “all risk”) insurance policies (excluding earthquake and special extended coverage insurance (all risksflood but including water damage), including a vandalism covering Tenant’s personal property and malicious mischief endorsementtrade fixtures in or about the Premises or the Real Property, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided any improvements and/or Alterations made by or on behalf of Tenant in an amount equal to the Premises, for the full replacement value new thereof without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenantdepreciation; (iii) Worker’s Compensation workers’ compensation insurance in statutory limits; (iv) at least three months’ coverage as required by lawfor loss of business income and continuing expenses, providing protection against any peril included within the classification “special form” insurance, excluding earthquake and flood but including water damage; and (ivv) business interruptionif Tenant operates owned, loss leased or non-owned vehicles on the Real Property, comprehensive automobile liability insurance with a minimum coverage of income One Million Dollars ($1,000,000.00) per occurrence, combined single limit. The above described policies shall protect Tenant, as named insured, and, except for Tenant’s property insurance described in clause (ii) above and extra expense workers’ compensation insurance covering described in clause (iii) above, shall protect Landlord, the Indemnitees, and any failure other parties reasonably designated by Landlord from time to time, Landlord’s property manager for the Real Property and the holders of any Superior Interest, of which Tenant is given at least thirty (30) days’ notice, as additional insureds; shall insure Landlord’s and such other parties’ contingent liability with regard to acts or interruption omissions of Tenant’s business equipment ; shall specifically include all liability assumed by Tenant under this Lease (includingprovided, without limitationhowever, telecommunications equipment) and covering all other perils, failures that such contractual liability coverage shall not limit or interruptions sufficient be deemed to cover a period of interruption of not less than twelve (12) months. Tenant shall carry and maintain during the entire Term (including any option periods, if applicable), at satisfy Tenant’s sole cost and expense, increased amounts indemnity obligations under this Lease). Landlord reserves the right to increase the foregoing amount of liability coverage from time to time (but not more than one (1) time during each five (5) years of the insurance Lease term) as Landlord reasonably determines is required to adequately protect Landlord and the other parties required to be carried additional insureds as set forth above from the matters insured thereby (provided, however, that Landlord makes no representation that the limits of liability required hereunder from time to time shall be adequate to protect Tenant). Tenant will use commercially reasonable efforts to cause any of its contractors, vendors, movers or other parties conducting activities in or about or occupying the Premises to obtain and maintain insurance as reasonably determined by Landlord and provided to Tenant pursuant in writing following Tenant’s request therefor, and as to this Article 14 which Landlord and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, parties required to be additional insureds as may set forth above shall be reasonably required by Landlordadditional insureds.

Appears in 1 contract

Samples: Office Lease (New Relic Inc)

Tenant’s Insurance. Tenant, shall at all times Tenant will provide and keep in force during the Term of this Lease, for the benefit of Landlord, its mortgagees, Agent and Tenant general liability insurance coverage with an insurance company licensed to do business in the jurisdiction in which the Property is located, in the amount of at its own cost and expense, procure and continue in force the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basis, with a combined single limit for bodily injury and property damages of not less than Two least One Million Dollars ($2,000,0001,000,000.00) per occurrence and with respect of injuries to any one person, Three Million Dollars ($3,000,0003,000,000.00) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contractswith respect to any one accident, and personal injury coverageFive Hundred Thousand Dollars ($500,000.00) with respect to property damage (or in such higher amounts as Landlord may from time to time reasonably require), covering the insuring provisions of this Lease in which Landlord, its mortgagees and the performance of Agent are named as additional parties insured, as their interests may appear. Tenant of the indemnity will maintain fire and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks)including, including a vandalism but not limited to, theft and malicious mischief endorsement, mysterious disappearance and sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided damage) in an amount equal at all times to the full replacement value new without deduction for depreciation cost of all (A) Tenant Improvementsproperty, Alterationsimprovement, fixtures and other improvements equipment in the Premises owned, leased or paid for by Tenant, irrespective of whether such property , improvement, fixtures or equipment are attached in any manner to the real estate; with Tenant as the party insured, and with a waiver by the insurance company of all its rights to subrogation against Landlord and Landlord’s agents and employees. During the course of any construction work by or on behalf of Tenant on or about the Premises, including but not limited to all mechanicalTenant will provide and keep in force builders “all-risk” insurance with extended coverage in completed value, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilitiesnon-reporting form, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) months. Tenant shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by Landlord) performance bonds to ensure completion of such work. In addition, Tenant shall be responsible for obtaining and maintaining such other insurance coverages, limits and/or endorsements as Landlord or any mortgagee of the Project may reasonably require from time to time. All such policies shall be primary and non-contributing with any coverage that Landlord may carry, shall name Landlord (and/or Landlord’s mortgagees and/or managing agent, if requested) as loss payee or as additional insured (as the case may be), and shall contain a long-form lender’s loss payable endorsement providing for Landlord to receive written notice at least thirty (30) days prior to any alteration or cancellation. Such insurance may be carried under a blanket policy or policies provided that the proceeds from such policies shall not be less than would have been available if the insurance had been obtained under separate or non-blanket policies had been obtained under separate or non-blanket policies.

Appears in 1 contract

Samples: Revolving Credit Agreement (First Potomac Realty Trust)

Tenant’s Insurance. Tenant, shall at all times during the Term of this Lease, and at its own cost and expense, procure and continue in force the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basis, with a combined single limit for bodily injury and property damages of not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereofLease; (ii) umbrella/excess liability insurance in an amount of not less than Ten Million Dollars ($10,000,000) for each occurrence and general aggregate; (iii) a policy of standard fire, extended coverage and special extended coverage insurance (all risksspecial form), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the 100% full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of TenantTenant or otherwise located in the Premises and with such policy naming Landlord as loss payee as its interests may appear; (iiiiv) Worker’s Compensation and employers liability coverage as required by lawlaw and with limits of not less than $1,000,000, each accident, $1,000,000, disease policy limit, and $1,000,000, disease each employee (which policies shall contain waivers of subrogation in favor of Landlord); (v) boiler and machinery insurance on all boilers, pressure vessels, gas-fired equipment, air conditioning equipment installed by the Tenant and systems serving the Premises and, if not covered by the insurance described in subsection (iviii), then the insurance specified in this subsection (v) shall be in an amount not less than one hundred percent (100%) of full replacement cost of such items; (vi) business interruption, loss of income and extra expense insurance covering any failure or interruption with coverage that will reimburse Tenant for all direct and indirect loss of income and changes and costs incurred arising out of all named perils insured against by Tenant’s business equipment (includingpolicies of property insurance, without limitationincluding prevention of, telecommunications equipment) and covering or denial of use of or access to, all other perils, failures or interruptions any part of the Premises or Project as a result of those named perils sufficient to cover a period of interruption of not less than twelve (12) monthsmonths of the loss of income, charges and costs contemplated under this Lease; and (vii) medical malpractice insurance at limits of not less than $1,000,000 each claim during such periods, if any, that Tenant engages in the practice of medicine or clinical trials involving human beings at the Premises. Pollution Legal Liability insurance shall also be required if Tenant stores, handles, generates or treats Hazardous Materials on or about the Premises. Such coverage shall include bodily injury, sickness, disease or death sustained by any person; property damage including damage to or destruction of tangible property including the resulting loss of use thereof, clean-up costs, and the loss of use of tangible property that has not been damaged or destroyed; defense costs, charges and expenses incurred in the investigation, adjustment or defense of claims for such compensatory damages. Such coverage shall apply to both sudden and non-sudden pollution conditions including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water. Claims-made coverage is permitted for Pollution Legal Liability insurance, provided the policy retroactive date is as of the earlier of the Pod 4 Portion Commencement Date and Pod 5 Portion Commencement Date, as the case may be, and coverage is continuously maintained during all periods in which Tenant occupies the Premises. Coverage for Pollution Legal Liability insurance shall be maintained with limits of not less than $1,000,000 per incident with a $2,000,000 policy aggregate. Finally, Tenant shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by Landlord, so long as such increased amounts and/or other types of insurance coverage are then generally required by comparable landlords of comparable first-class, institutional quality buildings in the vicinity of the Project.

Appears in 1 contract

Samples: Lease Agreement (Oncorus, Inc.)

Tenant’s Insurance. Tenant shall, at Tenant's expense, shall at all times maintain during the Term terms of this LeaseLease (and, and at its own cost and expenseif Tenant occupies or conducts activities in or about the Premises prior to or after the term hereof, procure and continue in force the following insurance coverage: then also during such pre-tem or post-term period); (i) Commercial General Liability Insurance, written on an occurrence basiscommercial general liability insurance including contractual liability coverage, with a minimum coverages of $3,000,000 per occurrence combined single limit for bodily injury and property damages of damage, $1,000,000 for products-completed operations coverage, 100,000 fire legal liability, $1,000,000 for personal and advertising injury (which coverage shall not less than Two Million Dollars (be subject to the contractual liability exclusion), with a $2,000,000) per occurrence 3,000,000 general aggregate limit, for injuries to, or illness or death of, persons and Three Million Dollars ($3,000,000) damage to property occurring in or about the Premises or otherwise resulting from Tenant's operations in the annual aggregateBuilding, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy property insurance protecting Tenant against loss or damage by fire and such other risks are insurable under the available standard forms of standard fire, extended coverage "all risk" insurance policies (excluding earthquake and special extended coverage insurance (all risksflood but including water damage), including a vandalism covering Tenant's personal property and malicious mischief endorsementtrade fixtures in or about the Premises or the Real Property, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided any improvements and/or Alterations in an amount equal to the Premises, for the full replacement value new thereof without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenantdepreciation; (iii) Worker’s Compensation workers' compensation insurance in statutory limits; (iv) at least three months' coverage as required by lawfor loss of business income and continuing expenses, providing protection against any peril included within the classification "all risk," excluding earthquake and flood but including water damage; and (ivv) business interruptionif Tenant operates owned, loss leased or non-owned vehicles on the Real Property, comprehensive automobile liability insurance with a minimum coverage of income $1,000,000 per occurrence, combined single limit. The above described policies shall protect Tenant, as named insured, and extra expense insurance covering Landlord and all the other Indemnitees and any failure or interruption of Tenant’s business equipment (includingother parties designated by Landlord, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) months. Tenant as additional insureds; shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 insure Landlord's and such other reasonable types parties' contingent liability with regard to acts or omissions of insurance Tenant; shall specifically include all liability assumed by Tenant under this Lease (provided, however, that such contractual liability coverage shall not limit or be deemed to satisfy Tenant's indemnity obligations under this Lease); and, if subject to deductibles, shall provide for deductible amounts not in excess of those approved in advance in writing by Landlord, which approval shall not be unreasonably withhold. Landlord reserves the right to increase the foregoing amount of liability coverage from time to time as Landlord determines is required to adequately protect Landlord and the other parties designated by Landlord from the matters insured thereby (provided, however, that Landlord makes no representation that the limits of liability required hereunder from time to time shall be adequate to protect Tenant), and to require that Tenant cause any of its contractors, vendors, movers or other parties conducting activities in such reasonable amounts covering or about or occupying the Premises to obtain and Tenant’s operations therein, maintain insurance as may determined by Landlord and as to which Landlord and such other parties designated by Landlord shall be reasonably required by Landlordadditional insureds.

Appears in 1 contract

Samples: Office Lease (Lionbridge Technologies Inc /De/)

Tenant’s Insurance. Tenant, shall at all times during the Term of this Lease, and at its own cost and expense, procure and continue in force the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basis, with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s 's Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s 's business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) months. Tenant shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s 's sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s 's operations therein, as may be reasonably required by Landlord.. (b)

Appears in 1 contract

Samples: Phunware, Inc.

Tenant’s Insurance. Tenant, Tenant shall at all times during the Term of this Lease, and maintain at its own cost and sole expense, procure commencing upon the date Tenant takes possession of the Premises and continue continuing throughout the Lease Term, (a) commercial general liability insurance covering the Premises in force the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basis, with a combined single limit for bodily injury and property damages amount of not less than Two One Million Dollars ($2,000,0001,000,000), naming Landlord and any mortgagee(s) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereofProperty as additional insureds thereunder; (iib) a policy of standard fire, extended coverage and special extended coverage all risk property insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to for the full replacement value new without deduction for depreciation of all (A) Tenant ImprovementsTenant’s improvements and Tenant’s property, Alterationsincluding, fixtures but not limited to, inventory, trade fixtures, furnishings and other improvements personal property; any proceeds from Tenant’s all risk coverage insurance shall be held in trust by Tenant for the purpose of repair and replacement provided that this Lease is not terminated under the provisions of this lease. Each property insurance policy shall , at a minimum, insure against the perils included in the PremisesISO special causes of loss from CP 1030 and any amendments or “all risk” coverage, including but not limited to all mechanicalloss or damage due to fire and the risks normally included in extended coverage (e.g., plumbingflood, heatingwindstorm, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilitiesearthquake, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenantterrorism); (iiic) Workerworker’s Compensation coverage as compensation or similar insurance to the extent required by law; and (ivd) business interruption, loss of income and extra expense plate glass insurance covering any failure or interruption the full replacement value of Tenant’s business equipment the plate glass in the Premises; (including, without limitation, telecommunications equipmente) and covering all other perils, failures or interruptions sufficient to cover a period umbrella Liability insurance with limits of interruption liability of not less than twelve $1,000,000 per occurrence that applies on a “following form” basis and is in excess of the underlying commercial general liability insurance limits of liability; and (12f) monthssuch other types of insurance in form and amount as Landlord may reasonably require. Tenant shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts deliver said insurance policies or certificates thereof to Landlord prior to taking possession of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and thereafter at least fifteen (15) days prior to the expiration of such policy; Landlord having the right, at its sole discretion, to approve the insurance carrier utilized by Tenant in connection with the Premises (an insurance carrier with Best’s Key Rating Guide: Property-Casualty of not less than “A+” shall be deemed satisfactory to Landlord). Should Tenant fail to effect the insurance called for herein, Landlord may, but shall not be obligated to, procure said insurance and pay the requisite premiums, in which event, Tenant shall pay all sums so expended plus fifteen (15.0%) percent as overhead to Landlord, as additional rent, immediately upon demand. Each insurer under the policies required hereunder shall agree by endorsement on the policy, or by independent instrument furnished to Landlord, that it will give Landlord at least fifteen (15) days prior written notice before any policy or policies affecting the Premises shall be altered or cancelled. The minimum limits of the commercial general liability policy of insurance hereinbefore set forth shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem it necessary for adequate protection. Within thirty (30) days after demand therefor by Landlord, Tenant shall furnish Landlord with evidence of Tenant’s operations thereincompliance with such demand. Tenant agrees, as may be reasonably required at its own expense, to comply with all rules and regulations of the Fire Insurance Rating Organization having jurisdiction of the Premises and to comply with all requirements imposed by Landlord’s insurance carrier, if any.

Appears in 1 contract

Samples: Office Lease Agreement (IFLI Acquisition Corp.)

Tenant’s Insurance. Tenant, shall at all times during the Term of this LeaseLease (or if applicable, during the Early Entry Period), and at its own cost and expense, procure and continue in force the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basis, with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) months. Tenant shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by Landlord.

Appears in 1 contract

Samples: Office Lease (Tut Systems Inc)

Tenant’s Insurance. Tenant, shall at all times during the Term of this Lease, and at its own cost and expense, procure and continue in force the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basis, with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, endorsement and sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, electrical telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption in an amount of not less than twelve Five Hundred Thousand Dollars (12) months$500,000.00). Tenant shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by Landlord, but Landlord shall only be entitled to require such increased amounts and/or other coverages if they are then generally required by owners of comparable office buildings in the San Diego, California area.

Appears in 1 contract

Samples: Work Letter Agreement (Mitek Systems Inc)

Tenant’s Insurance. Tenant, Tenant shall maintain in full force and effect at all times during the Term (plus such earlier and later periods as Tenant may be in occupancy of this Leasethe Premises), and at its own sole cost and expense, procure for the protection of Tenant, Landlord and continue in force Landlord's Agents and Mortgagees, policies of insurance issued by a carrier or carriers acceptable to Landlord and the Mortgagees which afford the following insurance coveragecoverages: (i) Commercial General Liability Insurancestatutory workers' compensation, written (ii) employer's liability with minimum limits of Five Hundred Thousand Dollars ($500,000.00), (iii) comprehensive/commercial general liability insurance including, but not limited to, blanket contractual liability (including the indemnity set forth in Section 11.1), fire and water legal liability (having a minimum coverage of $50,000.00), broad form property damage, personal injury, completed operations, products liability, independent contractors, warehouser's legal liability and, if alcoholic beverages are served, manufactured, distributed or sold in the Premises, comprehensive liquor liability, and owned, non-owned and hired vehicles, on an occurrence basisbasis and not less than $2,000,000.00, with a combined single limit for bodily injury (or current limit carried, whichever is greater), naming Landlord, Landlord's Agents and the Mortgagees as additional insureds, and including a cross-liability or severability of interests indorsement, (iv) insurance against fire, vandalism, malicious mischief and fixtures, furnishings, equipment and items of personal property damages of not less than Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregatePremises owned or leased by Tenant, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full not less than ninety percent (90%) of their actual replacement value new without deduction for depreciation cost (and with a replacement cost endorsement), income/business interruption/extra expense coverage in an amount of all not less than nine (A9) Tenant Improvements, Alterations, fixtures and other improvements months of loss of income from Tenant's business in the Premises, including but not limited and (v) such other insurance in such form and amounts as may be required by the Mortgagees or reasonably required by Landlord from time to all mechanicaltime. Landlord or Landlord's Agents on behalf of Landlord may, plumbingat Landlord's election, heating, ventilating, air conditioning, electrical, telecommunication obtain liability insurance in such amounts and other equipment, systems and facilitieson such terms as Landlord shall determine, and (B) trade fixtures, furniture, equipment the cost thereof shall be included in Operating Expenses and other personal property installed paid by Tenant in the manner described in Section 7.1. In no event shall the limits of any policy obtained by Tenant with respect to the Premises or at the expense of Tenant; (iii) Worker’s Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) months. Tenant shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts of the insurance required to be carried obtained by Tenant pursuant to under this Article 14 and such other reasonable types Lease be considered as limiting the liability of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by LandlordTenant under this Lease.

Appears in 1 contract

Samples: Office Lease (Noosh Inc)

Tenant’s Insurance. Tenant, shall at At all times during after the Term execution of this Lease, Tenant will cany and maintain, at its own cost and expenseexpense with insurance companies reasonably acceptable to Landlord that are rated no less than A-, procure and continue in force the following insurance coverageClass VII, by A.M. Best Company: (i) Commercial General Liability Insurancea commercial general liability insurance policy, written on an occurrence basisincluding products/completed operations and insurance against assumed or contractual liability under this Lease, for liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto, including any portion of the Common Areas used by Tenant; Tenant’s invitees, contractors, employees or agents, to afford protection with a combined single limit for respect to bodily injury and injury, death or property damages damage (including loss of use) of not less than One Million Dollars ($1,000,000) each occurrence/Two Million Dollars ($2,000,000) per occurrence aggregate; (ii) a property insurance policy insuring all Above Standard improvements and Three fixtures in the Premises, and all personal property located within the Premises, on the “Special Form,” including theft coverage, written at replacement cost value with replacement cost endorsements, covering all of the Tenant’s property, and business interruption coverage in an amount that will reimburse Tenant for direct or indirect loss of earnings attributable to the perils insured against under section (i) above and this section (ii), and other perils commonly insured against by prudent business owners, or attributable to prevention of access to the Premises, for a period of at least eighteen (18) months; (iii) a worker’s compensation insurance policy with applicable statutory limits, including employers liability insurance with limits of not less than One Million Dollars ($3,000,0001,000,000.00); (iv) in automobile liability insurance with single limit coverage of at least $1,000,000 for all owned, leased/hired or non -owned vehicles; (v) if Tenant will serve or sell alcohol at the annual aggregateProject, a liquor liability insurance policy with minimum coverage of One Million Dollars($1,000,000.00); and (vi) an excess/umbrella liability policy “following form” of not less than Ten Million Dollars ($10,000,000), including products liability coverage if applicablea “drop down” feature in case the limits of the primary policy are exhausted. Landlord may also require all Outside Contractors to provide in addition to the insurance coverages referenced above such other insurance in amounts and types and with such companies as may be reasonably requested by Landlord, including, without limitation, construction all risk/builder’s risks (including loss of revenue) insurance, owners and contractors protective coverageliability insurance, blanket contractual coverage including both oral professional errors and written contractsomissions liability insurance, and personal injury coverageinsurance covering such contractor’s equipment and tools. Each insurance policy required to be maintained hereunder by Tenant shall include an “Additional Insured Endorsement” in favor of Landlord. Tenant’s insurance shall be considered primary, covering not excess, and non-contributory with Landlord’s insurance policies, and deductible amounts, if any, under such policies shall be commercially reasonable. An XXXXX 25 certificate of such insurance in the insuring provisions of this Lease most recent edition available and the performance of Tenant reasonably satisfactory to Landlord, or certified copies of the indemnity policies, shall be furnished to Landlord on or before the earlier of the Commencement Date or ten (10) days after execution of the Lease, reflecting the limits and exemption endorsements required herein, and renewal XXXXX 25 certificates or certified copies of renewal policies shall be delivered to Landlord from liability agreements set forth in Article 13 hereof; at least ten (ii10) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal days prior to the full replacement value new expiration date of any policy. Each policy shall be endorsed to provide notice of nonrenewal to Landlord and shall further provide that it may not be altered or canceled without deduction for depreciation of all thirty (A30) days prior notice to Landlord. Landlord agrees to cooperate with Tenant Improvementsto the extent reasonably requested by Tenant to enable Tenant to obtain such insurance. Landlord shall have the right to require increased limits if, Alterationsin Landlord’s reasonable judgment, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) monthssuch increase is necessary. Tenant shall carry pay all premiums and maintain during the entire Term (including any option periodscharges for all of said policies, and, if applicable)Tenant shall fail to make any such payment when due or carry any such policy, Landlord may, but shall not be obligated to, make such payment or carry such policy, and the amount paid by Landlord, with interest thereon at Tenant’s sole cost and expensethe Default Rate, increased amounts of the insurance required shall be repaid to be carried Landlord by Tenant pursuant within ten (10) days following demand therefor, and all such amounts so repayable, together with such interest, shall be deemed to constitute additional Rent hereunder. Payment by Landlord of any such premium, or the carrying by Landlord of any such policy, shall not be deemed to waive or release Tenant from any remedy available to Landlord under this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by LandlordLease.

Appears in 1 contract

Samples: Lease Agreement (BCAC Holdings, Inc.)

Tenant’s Insurance. Tenant, (a) The first paragraph of Paragraph IV E of the Lease is hereby deleted in its entirety and the following replacement paragraph is hereby inserted in lieu thereof: Tenant shall at all times during the Term of this Lease, and at its own cost and expense, procure and continue keep in force throughout the following insurance coverageTerm: (ia) a Commercial General Liability Insurance, written on an occurrence basis, insurance policy or policies to protect Landlord and its managing agent at the Property against liability to the public or to any invitee of Tenant or a Landlord Entity incidental to the use of or resulting from any accident occurring in or upon the Leased Premises with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,000) 1,000,000 per occurrence and Three Million Dollars (not less than $3,000,000) 2,000,000 in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverageor such larger amount as Landlord may prudently require from time to time, covering the insuring provisions of this Lease bodily injury and the performance of Tenant of the indemnity property damage liability and exemption of Landlord from liability agreements set forth in Article 13 hereof$1,000,000 products/completed operations aggregate; (iib) Business Auto Liability covering owned, non-owned and hired vehicles with a limit of not less than $1,000,000 per accident; (c) Worker’s Compensation Insurance with limits at least as required by statute and Employers Liability with limits of $500,000 each accident, $500,000 disease policy limit, $500,000 disease--each employee; (d) All Risk or Special Form coverage protecting Tenant against loss of standard fireor damage to Tenant’s alterations, extended coverage additions, improvements, carpeting, floor coverings, panelings, decorations, fixtures, inventory and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided other business personal property situated in an amount equal or about the Leased Premises to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s Compensation coverage as required by lawso insured; and (ive) business interruption, Business Interruption Insurance with limits of liability representing loss of income and extra expense insurance covering any failure or interruption at least approximately six (6) months of Tenant’s business equipment income. The aforesaid policies shall (including, without limitation, telecommunications equipmenta) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) months. Tenant shall carry and maintain during the entire Term (including any option periods, if applicable), be provided at Tenant’s sole cost expense; (b) name the Landlord and expenseits managing agent at the Property, increased amounts as additional insureds (General Liability) and loss payee (Property—Special Form); (c) be issued by an insurance company with a minimum Best’s rating of “A:VII” during the Term; and (d) provide that said insurance required shall not be canceled unless thirty (30) days prior written notice (ten days for non-payment of premium) shall have been given to Landlord; a certificate of Liability insurance on Accord Form 25 and a certificate of Property insurance on Accord Form 27 shall be carried delivered to Landlord by Tenant pursuant upon the Commencement Date and at least thirty (30) days prior to this Article 14 each renewal of said insurance. Whenever Tenant shall undertake any alterations, additions or improvements in, to or about the Leased Premises (“Work”) the aforesaid insurance protection must extend to and include injuries to persons and damage to property arising in connection with such Work, without limitation including liability under any applicable structural work act, and such other reasonable types insurance as Landlord shall require; and the policies of or certificates evidencing such insurance coverage and in must be delivered to Landlord prior to the commencement of any such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by LandlordWork.

Appears in 1 contract

Samples: Lease Agreement (Genvec Inc)

Tenant’s Insurance. Tenant, at Tenant’s sole cost and expense, shall at all times during obtain and maintain for the Term of this Lease, and at its own cost and expense, procure and continue in force insurance policies providing the following insurance coverage: (i) Commercial General Liability Insurance“all risk” or “special form” property insurance for the Tenant Fixtures (as defined in Section 20.1) and merchandise and other contents, written for the full replacement cost of said items, (ii) “all risk” property or “special form” insurance business interruption coverage on an occurrence a one hundred percent (100%), twelve (12) month actual loss sustained basis, (iii) all perils included in the classification “all-risk property insurance coverage” or “special causes of loss” under insurance industry practices in effect from time to time in the jurisdiction in which the Shopping Center is located, and which shall include, but not necessarily be limited to, coverage against wind and flood (if required); (iv) plate glass insurance, (v) commercial general liability insurance (covering, without limitation, Tenant’s contractual liability under this Lease, 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, 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 such amounts as Landlord may reasonably require) naming Landlord, the Landlord Entities and any mortgagees and master lessors as additional insureds, which policy is to be in the minimum amount of One Million Dollars ($1,000,000.00) per occurrence, in the minimum amount of Two Million Dollars ($2,000.000.00) in the aggregate, in the minimum amount of One Million Dollars ($1,000,000.00) with a combined single limit for bodily respect to personal injury and advertising injury liability, and in the minimum amount of One Million Dollars ($1,000,000.00) with respect to property damages damage, (vi) product liability insurance for merchandise offered for sale or rental from the Premises, including (if this Lease covers Premises in which food and/or alcoholic beverages are sold and/or consumed) liquor liability coverage and if food and/or beverages are sold and/or consumed, coverage for liability arising out of the consumption of food and/or alcoholic beverages on or obtained at the Premises, of not less than Two Million Dollars ($2,000,0002,000,000.00) per occurrence for personal injury and Three death and property damage, which shall name Landlord, the Landlord Entities, and any mortgagees and master lessors as additional insureds, (vii) workers’ compensation insurance coverage in accordance with the laws of the Commonwealth of Pennsylvania and employer’s liability insurance in the minimum amount of One Million Dollars ($3,000,0001,000,000.00) with respect to each occurrence of bodily injury by accident, the minimum amount of One Million Dollars ($1,000,000.00) in the annual aggregateaggregate for bodily injury by disease and the minimum amount of One Million Dollars ($1,000,000.00) per employee in respect to bodily injury by disease, (viii) business automobile liability insurance, including products liability coverage if applicable“non-owned” automobiles, owners and contractors protective coverageagainst bodily injury, blanket contractual coverage including both oral and written contractsdeath resulting therefrom, and personal injury coverageproperty damage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption limits of not less than twelve One Million Dollars (12$1,000,000.00) monthsper accident covering owned, leased, hired and non-owned vehicles used by or on behalf of Tenant, (ix) excess general, business automobile and employer’s liability insurance with limits not less than Two Million Dollars ($2,000,000.00) per occurrence, and (x) “all risk” or “special form” builder’s risk insurance in accordance with the provisions of Section 9.4. Both business automobile and excess liability policies shall name Landlord, the Landlord Entities, and any mortgagees and master lessors as additional insureds. Neither the issuance of any insurance policy required hereunder, nor the minimum limits specified herein with respect to Tenant’s insurance coverages, shall be deemed to limit or restrict in any way Tenant’s liability arising under or out of this Lease. With respect to each and every one of the insurance policies herein required to be procured by Tenant, before the earlier of the commencement of Tenant’s Work and the date Tenant takes possession of the Premises, and before any such insurance policy shall expire, Tenant shall carry deliver to Landlord a duplicate original or certified copy of each such policy or a certificate of the insurance, certifying that such policy has been issued, providing the coverage required by this Section and maintain during containing provisions specified herein, together with evidence of payment of all applicable premiums. In the entire Term (including event that Tenant shall fail promptly to furnish evidence of any option periodsinsurance coverage, if applicable)Landlord, at its sole option, may obtain the required insurance as set forth in Section 18.5 on Tenant’s behalf, at Tenant’s sole cost and expense, increased amounts of and issue Tenant an invoice for all costs incurred. Without limiting the insurance required to be carried by Tenant pursuant to this Article 14 and foregoing, the “Landlord Entities” (which are defined as the following Landlord affiliated entities, and/or such other reasonable types of insurance coverage entities as Landlord may designate by notice to Tenant from time to time, including without limitation, Landlord’s lender), shall be additional insureds under clauses (v), (vi), (viii) and in such reasonable amounts covering the Premises and Tenant’s operations therein(ix): Springfield Shoppes Associates, as may be reasonably required by Landlord.LP 000 Xxxxxxxxxxx Xxxxxxxxx, Xxxxx 000 Xxxxxxxxxx, Xxxxxxxxxxxx 00000 Horizon Properties Group, LLC 000 Xxxxxxxxxxx Xxxxxxxxx, Xxxxx 000 Xxxxxxxxxx, Xxxxxxxxxxxx 00000

Appears in 1 contract

Samples: Shopping Center Lease (Fast Casual Concepts, Inc.)

Tenant’s Insurance. (a) Tenant, shall at all times during the Term of this Lease, and at its own sole cost and expense, procure shall, at all times, commencing with the date upon which the leased premises shall be made available for Tenant's Work, procure, pay for and continue keep in full force the following insurance coverageand effect: (i) Commercial General Liability Insurancea commercial general liability policy (ISO form or equivalent), including insurance against assumed or contractual liability under this Lease with respect to the leased premises and the operations of Tenant and any subtenants of Tenant in, on or about the leased premises in which the limits with respect to personal liability and property damage shall be not less than Two Million Dollars ($2,000,000) per occurrence; (ii) all risk property insurance, including theft and, if applicable, boiler and machinery coverage, written at replacement cost value in an adequate amount to avoid coinsurance and a replacement cost endorsement insuring Tenant's merchandise, trade fixtures, furnishings, equipment and all items of personal property of Tenant and including property of Tenant's customers located on an occurrence basisor in the leased premises; (iii) workers' compensation coverage as required by law; (iv) with respect to alterations, with a combined single limit improvements and the like required or permitted to be made by Tenant hereunder, contingent liability and builder's risk insurance, in amounts satisfactory to Landlord; (v) product liability coverage, including, without limitation (if this Lease covers leased premises in which food and/or beverages are sold and/or consumed), liquor liability coverage (if applicable to Tenant's business) and coverage for bodily injury and property damages liability arising out of the consumption of food and/or alcoholic beverages on or obtained at the leased premises, of not less than Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and for personal injury coverageand death and property damage; (vi) the insurance required under Exhibit B; and (vii) such insurance as may from time to time be required by city, covering county, state or federal laws, codes, regulations or authorities, together with such other insurance as is reasonably necessary or appropriate under the insuring provisions circumstances. The minimum limits of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements coverage as set forth in Article 13 hereof; this paragraph may from time to time, at Landlord's option, be increased by not more than five percent (ii5%) per annum, on a policy of standard firecumulative basis, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal with such increase to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but occur not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less more often than twelve (12) months. Tenant shall carry and maintain once during each lease year during the entire Term term hereof and with no individual annual increase in coverage being greater than ten percent (including 10%). The deductibles under any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts of the such insurance required policies to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by Landlordshall not exceed Five Thousand Dollars ($5,000).

Appears in 1 contract

Samples: Silver Diner Inc /De/

Tenant’s Insurance. TenantTenant shall procure, shall at all times during the Term of this Lease, and at its own cost and expense, procure and continue keep in force and pay for insurance covering all claims and demands for injury to or death of persons or damage to property arising out of or related to Tenant’s occupancy of the following Premises. Insurance shall not be in amounts less than the following: COMMERCIAL GENERAL LIABILITY $1,000,000 combined single limit per occurrence, Coverage A $1,000,000 personal and advertising injury liability, Coverage B $1,000,000 products/completed operations liability aggregate $ 5,000 medical payments $ 50,000 fire damage legal liability $2,000,000 general aggregate The general liability insurance coverage: is to be written on the 2001 Insurance Services Office form or its equivalent. UMBRELLA LIABILITY $5,000,000 each occurrence $5,000,000 aggregate WORKERS’ COMPENSATION Coverage A Workers’ Compensation –Statutory Coverage B Employer’s Liability - $500,000 bodily injury by accident, each accident $500,000 bodily injury by disease, each employee $500,000 bodily injury by disease, policy aggregate AUTOMOBILE LIABILITY $1,000,000 Combined single limit, each accident applying to all owned, hired and non-owned automobiles GLASS COVERAGE Covering interior glass windows in the Premises, if any, in such reasonable amounts as may be established from time to time by Landlord. CONTENTS AND LEASEHOLD IMPROVEMENTS COVERAGE Adequately insuring all property situated in the Building or elsewhere on the Property and belonging to or removable by Tenant. TENANT IMPROVEMENTS COVERAGE Including (i) Commercial General Liability Insurance, written property insurance on a “Special Form” (formerly “All Risk” form) (including earthquake and flood in reasonable amounts as determined by Landlord) in an occurrence basis, with a combined single limit for bodily injury and property damages of amount not less than Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant 100% of the indemnity and exemption then full replacement cost of Landlord from liability agreements set forth Tenant’s Improvements (as defined in paragraph (a) of Article 13 hereof; 13.0, “CASUALTY”), (ii) a policy insurance for loss or damage or loss of standard fireuse (direct or indirect) from steam boilers, extended coverage pressure vessels or similar apparatus now or hereafter installed in the Building, or elsewhere on the Property, in the minimum amount of $5,000,000.00 or in such greater amounts as are then customary for properties similar to the Property and special extended coverage (iii) insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided against abatement or loss of rent in case of loss under this paragraph or other peril similarly insured against in an amount equal to Rent payments to be made by Tenant for eighteen months based on the full Rent paid or payable for the most recent complete Lease Year. The phrase “replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in cost” shall mean the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption actual replacement cost of Tenant’s business equipment Improvements, including and increased costs of construction endorsement (including, without limitation, telecommunications equipmentif available) and covering all the cost of debris removal and the cost of architectural, engineering and other perils, failures or interruptions sufficient expenses in connection with repairing and restoring Tenant’s Improvements. BUSINESS INTERRUPTION COVERAGE Providing such coverage as is customarily carried by responsible and prudent life science/bio- technology/medical device tenants in the Boston/Cambridge/Waltham Massachusetts markets. All insurance coverages required pursuant to cover a period of interruption of this Section shall not be less than twelve (12such higher amounts as may from time to time be customarily carried by responsible and prudent tenants of comparable premises in the Boston/Cambridge/Waltham market area and as may be required by Landlord from time to time. Provided that the Premises are separately scheduled on any such policy or policies and the coverage(s) months. Tenant shall carry and maintain during the entire Term (including any option periods, if applicable), at provided fulfills Tenant’s sole cost and expenseobligations to provide insurance as set forth in this Lease, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as Section may be reasonably required provided by Landlordmeans of a policy or policies of blanket insurance covering additional items or additional locations.

Appears in 1 contract

Samples: Lease Agreement (D8 Holdings Corp.)

Tenant’s Insurance. Tenant, shall at all times during the Term of this Lease, and at its own cost and expense, procure and continue in force the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basis, with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,000) […***…] per occurrence and Three Million Dollars ($3,000,000) […***…] in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) months. Tenant shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by Landlord.

Appears in 1 contract

Samples: Horizon Pharma, Inc.

Tenant’s Insurance. Tenant, shall at all times during the Term of this Lease, and at its own cost and expense, procure and continue in force the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basis, Insurance with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) per occurrence and Five Million Dollars ($5,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risksperils), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvementstenant improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s Workers’ Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance. Furthermore, Tenant shall be responsible, at its expense, for maintaining business interruption insurance covering any failure or interruption of Tenant’s business equipment on an “actual loss sustained basis” (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient with a liability limit equal to cover a period of interruption of not less than twelve (12) monthsmonths of business interruption exposure). To the extent landlords of Comparable Buildings are requiring the same, Tenant shall carry and maintain during the entire Lease Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts of the insurance reasonably required to be carried by Tenant pursuant to this Article 14 14, and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by Landlord.

Appears in 1 contract

Samples: Standard Office Lease (Capitalsource Inc)

Tenant’s Insurance. Tenant, shall at all times during the Term of this Lease, and at its own cost and expense, procure and continue in force the following insurance coverage: (i) Commercial General Liability InsuranceInsurance (which may include umbrella insurance) insuring both Landlord and Tenant against all claims, demands or actions for bodily injury, property damage, personal and advertising injury, and medical payments arising out of or in connection with Tenant's use or occupancy of the Premises, or by the condition of the Premises, written on an occurrence basis, with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregateaggregate (and no offset for occurrences on property other than the Premises), including products liability coverage if applicable, owners and contractors protective coveragecoverage (when Tenant performs Alterations), blanket contractual coverage including both oral and written contractscoverage, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Improvements and Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; and (iii) Worker’s 's Compensation and Employers liability coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) monthsLaw. Tenant shall carry and maintain during the entire Term (including any option periodsOption Terms, if applicable), at Tenant’s 's sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s 's operations therein, as may be reasonably required by Landlord., but Landlord shall only be entitled to require such increased amounts and/or other coverages if they are then generally required by owners of comparable buildings in the San Diego County, California area. EXHIBIT "I"

Appears in 1 contract

Samples: Agreement of Purchase and Sale and Joint Escrow Instructions (Cohu Inc)

Tenant’s Insurance. TenantEffective as of the earlier of (a) the date Tenant enters or occupies the Premises, shall at all times during or (b) the Term of this LeaseCommencement Date, and at its own cost and expensecontinuing throughout the Term, procure and continue in force Tenant shall maintain the following insurance coveragepolicies: (i1) Commercial General Liability Insurancecommercial general liability insurance (including property damage, written on an bodily injury and personal injury and non-owned and hired vehicle coverage) in amounts of $1,000,000 per occurrence basisin primary coverage, with an additional $5,000,000 in umbrella coverage or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (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 Landlord, Landlord’s property management company, Landlord’s asset management company and, if requested in writing by Landlord, Xxxxxxxx’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, (2) cause of loss-special risk form (formerly “all-risk”) insurance (including, but not limited to, sprinkler leakage, ordinance and law, sewer back-up, pipe burst, wind- driven rain, water leakage, flood, earthquake, windstorm and collapse coverage) 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, (3) cause of loss-special risk form (formerly “all-risk”) insurance covering the full value of all furniture, trade fixtures, equipment 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), (4) 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), (5) 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 bodily injury each accident, insuring Tenant (and naming as additional insureds Landlord, Xxxxxxxx’s property damages of management company, Xxxxxxxx’s asset management company and, if requested in writing by Landlord, Xxxxxxxx’s Mortgagee), (6) worker’s compensation insurance as required by applicable state law and employer’s liability insurance with limits not less than Two Million Dollars ($2,000,000) 1,000,000 per occurrence and Three Million Dollars ($3,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contractsaccident, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii7) a policy of standard fire, extended coverage and special extended coverage business interruption insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal reasonably acceptable to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures Landlord. Tenant’s insurance shall be primary and other improvements in the Premises, including but not limited non-contributory when any policy issued to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilitiesLandlord provides duplicate or similar coverage, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Workerin such circumstance Landlord’s Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of policy will be excess over Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) monthspolicy. Tenant shall carry furnish to Landlord certificates of such insurance and maintain during such other evidence satisfactory to Landlord of the entire Term maintenance of all insurance coverages required hereunder at least ten days prior to the earlier of the Commencement Date or the date Tenant enters or occupies the Premises (including in any option periodsevent, if applicablewithin ten days of the effective date of coverage), and at least 15 days prior to each renewal of said insurance, and Tenant shall obtain a written obligation on the part of each insurance company to notify Landlord at least 30 days before cancellation or a material change of any such 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+:VIII or better. However, no review or approval of any insurance certificate or policy by Landlord shall derogate from or diminish Landlord’s rights or Tenant’s sole cost and expenseobligations hereunder. If Tenant fails to comply with the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, increased amounts of the insurance required Landlord, in addition to be carried by Tenant any other remedy available pursuant to this Article 14 Lease or otherwise, may, but shall not be obligated to, obtain such insurance and Tenant shall pay to Landlord on demand the premium costs thereof, plus an administrative fee of 15% of such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by Landlordcost.

Appears in 1 contract

Samples: Lease Agreement (Signing Day Sports, Inc.)

Tenant’s Insurance. Tenant, shall at all times during the Term of this Lease, and at its own cost and expense, procure and continue in force the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basis, with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,000S2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) months. Tenant shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by Landlord.

Appears in 1 contract

Samples: Standard Office Lease (Entropic Communications Inc)

Tenant’s Insurance. (A) Tenant, shall at all times during the Term of this Lease, and at its own cost and Tenant's expense, procure shall obtain and continue keep in full force the following insurance coverage: and effect (i) Commercial General Liability Insurancean insurance policy for Tenant's Property, written the interior installation existing in the Premises on the Pre-Delivery Work Substantial Completion Date and the Alterations, in either case to the extent insurable under "all-risk" property insurance policies, covering the perils listed in the current edition of the Insurance Services Office, Inc. ("ISO"), special causes of loss form CP 10 30 (or its equivalent) including, without limitation, coverage for acts of terrorism (if such coverage for acts of terrorism is available on commercially reasonable terms), in an occurrence basisamount equal to one hundred percent (100%) of the replacement value thereof (subject, with however, at Tenant's option, to a combined single limit reasonable deductible) and including business income insurance providing coverage for bodily injury a minimum of twelve (12) months of net operating income plus continuing expenses after the date of the casualty, and property damages of equipment breakdown insurance for all equipment, machinery and apparatus exclusively serving the Premises in an amount not less than Two Million Dollars the full replacement or functional cost thereof ($2,000,000the insurance policy described in this clause (i) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregatebeing referred to herein as "Tenant's Property Policy"), including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fireworker's compensation insurance, extended coverage and special extended coverage insurance to the extent required by law (all riskssuch policy being referred to herein as "Tenant's Worker's Compensation Policy"), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s Compensation coverage a commercial automobile liability policy covering any vehicle that Tenant brings upon the Real Property (whether Tenant owns or hires such vehicle) with a combined single limit of not less than One Million Dollars ($1,000,000) (such policy being referred to herein as required by law; "Tenant's Auto Policy"), and (iv) business interruptiona policy of commercial general liability insurance on an occurrence basis, loss providing coverage that is at least as broad as the current edition of income ISO Form CG 00 01 or its equivalent (the insurance policy described in this clause (iv) being collectively referred to herein as "Tenant's Liability Policy"). Tenant's Property Policy and extra expense insurance covering any failure or interruption of Tenant’s business equipment 's Liability Policy shall name Tenant as a named insured. Tenant's Liability Policy (including, without limitation, telecommunications equipmentany policy that Tenant obtains as described in Section 14.1(D) hereof) and covering all other perils, failures or interruptions sufficient Tenant's Auto Policy shall be endorsed to cover a period of interruption of not less than twelve (12) months. Tenant shall carry and maintain during name the entire Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, Landlord Indemnitees as may be reasonably required by Landlordadditional insureds thereunder.

Appears in 1 contract

Samples: Lease (Clear Secure, Inc.)

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Tenant’s Insurance. Tenant, shall at all times during Effective as of the Term of this Leaseearlier of: (1) the date Tenant enters or occupies the Premises; or (2) the Commencement Date, and at its own cost and expensecontinuing throughout the Term, procure and continue in force Tenant shall maintain the following insurance coveragepolicies: (iA) Commercial General Liability Insurance, written on an occurrence basiscommercial general liability insurance of not less than $3,000,000 per occurrence, with an annual aggregate limit of not less than $5,000,000, 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 adding Landlord, Landlord’s Property Manager, Invesco and Harvest as additional insureds 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 20 26 11 85 (or another equivalent form approved in writing by Landlord); (B) if Tenant utilizes motor vehicles in the operation of its business in the Premises, Automobile Liability covering any owned, non-owned, leased, rented or borrowed vehicles of Tenant with limits no less than $1,000,000 combined single limit for property damage and bodily injury injury; (C) All Risk Property insurance covering the full value of all Alterations 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 damages (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 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 Two Million Dollars $1,000,000; ($2,000,000G) per occurrence and Three Million Dollars business interruption insurance in an amount that will reimburse Tenant for loss of earnings attributable to all perils insured against under Section 11(a)(C) or attributable to the prevention of access to the Building or the Premises; ($3,000,000H) in the annual aggregateevent Tenant performs any Alterations or repairs in, including products liability coverage if applicable, owners on or to the Premises and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering for the insuring provisions of this Lease and the performance of Tenant duration of the indemnity and exemption construction of Landlord from liability agreements set forth in Article 13 hereof; Alterations, Builder’s Risk Insurance on an All Risk basis on a completed value (iinon-reporting) a policy of standard fireform, extended or by endorsement including such coverage and special extended coverage insurance (all risks)pursuant to Section 11(a)(C) hereinabove, including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the for full replacement value new without deduction for depreciation covering all work incorporated in the Building and all materials and equipment in or about the Premises; and (I) such other insurance or any changes or endorsements to the insurance required herein, including increased limits of coverage, as Landlord, or any mortgagee or lessor of Landlord, may reasonably require from time to time so long as such types and amounts are consistent with the types and amounts then being required by prudent, institutional property owners of comparable office building projects in the same geographic area as the Project. 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 CG 20 26 11 85 (or another equivalent form approved in writing by Landlord), and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required hereunder at least ten (A10) days prior to the earlier of the Commencement Date or the date Tenant Improvements, Alterations, fixtures and other improvements in enters or occupies the Premises, including but not limited and at least fifteen (15) days prior to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilitieseach renewal of said insurance, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) months. Tenant shall carry reasonably attempt to obtain a written obligation on the part of each insurance company to notify Landlord at least thirty (30) days before cancellation or a material change of any such insurance policies. All such insurance policies shall be in form, and maintain during issued by companies licensed to do business in the entire Term State of California and with a Best’s rating of A:VII or better, 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, following ten (including 10) days written notice to Tenant, in addition to any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts of the insurance required to be carried by Tenant other remedy available pursuant to this Article 14 Lease or otherwise, may, but shall not be obligated to, obtain such insurance and Tenant shall pay to Landlord on demand the premium costs thereof, plus an administrative fee of fifteen percent (15%) of such other reasonable types cost. It is expressly understood and agreed that the foregoing minimum limits of insurance coverage and shall not limit the liability of Tenant for its acts or omissions as provided in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by Landlordthis Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Guidewire Software, Inc.)

Tenant’s Insurance. Tenant shall, at Tenant's expense, shall at all times maintain during the Term term of this LeaseLease (and, and at its own cost and expenseif Tenant occupies or conducts activities in or about the Premises prior to or after the term hereof, procure and continue in force the following insurance coverage: then also during such pre-term or post-term period): (i) Commercial General Liability Insurance, written on an occurrence basiscommercial general liability insurance including contractual liability coverage, with a minimum coverages of $1,000,000 per occurrence combined single limit for bodily injury and property damages of damage, $1,000,000 for products-completed operations coverage, $100,000 fire legal liability, $1,000,000 for personal and advertising injury (which coverage shall not less than Two Million Dollars (be subject to the contractual liability exclusion), with a $2,000,000) per occurrence 2,000,000 general aggregate limit, for injuries to, or illness or death of, persons and Three Million Dollars ($3,000,000) damage to property occurring in or about the Premises or otherwise resulting from Tenant's operations in the annual aggregateBuilding, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy property insurance protecting Tenant against loss or damage by fire and such other risks as are insurable under then-available standard forms of standard fire, extended coverage "all risk" insurance policies (excluding earthquake and special extended coverage insurance (all risksflood but including water damage), including a vandalism covering Tenant's personal property and malicious mischief endorsementtrade fixtures in or about the Premises or the Real Property, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided any improvements and/or Alterations in an amount equal to the Premises, for the full replacement value new thereof without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenantdepreciation; (iii) Worker’s Compensation workers' compensation insurance in statutory limits; (iv) at least three months' coverage as required by lawfor loss of business income and continuing expenses, providing protection against any peril included within the classification "all risk," excluding earthquake and flood but including water damage; and (ivv) business interruptionif Tenant operates owned, loss leased or non-owned vehicles on the Real Property, comprehensive automobile liability insurance with a minimum coverage of income $1,000,000 per occurrence, combined single limit. The above described policies shall protect Tenant, as named insured, and extra expense insurance covering Landlord and all the other Indemnitees and any failure or interruption of Tenant’s business equipment (includingother parties designated by Landlord, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) months. Tenant as additional insureds; shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 insure Landlord's and such other reasonable types parties' contingent liability with regard to acts or omissions of insurance Tenant; shall specifically include all liability assumed by Tenant under this Lease (provided, however, that such contractual liability coverage shall not limit or be deemed to satisfy Tenant's indemnity obligations under this Lease); and, if subject to deductibles, shall provide for deductible amounts not in excess of those approved in advance in writing by Landlord in its sole discretion. Landlord reserves the right to increase the foregoing amount of liability coverage from time to time as Landlord determines is required to adequately protect Landlord and the other parties designated by Landlord from the matters insured thereby (provided, however, that Landlord makes no representation that the limits of liability required hereunder from time to time shall be adequate to protect Tenant), and to require that Tenant cause any of its contractors, vendors, movers or other parties conducting activities in such reasonable amounts covering or about or occupying the Premises to obtain and Tenant’s operations therein, maintain insurance as may determined by Landlord and as to which Landlord and such other parties designated by Landlord shall be reasonably required by Landlordadditional insureds.

Appears in 1 contract

Samples: Office Lease (Ask Jeeves Inc)

Tenant’s Insurance. Tenant, at its expense, shall maintain at all times during the 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 (when used in this LeaseSection 13.A. the term "Landlord" shall include Landlord, its constituent partners and the partners, members, directors, managers, shareholders, officers, agents and employees of each of them), Landlord's property manager, and at its own cost any Ground Lessor or Mortgagee whose name and expenseaddress shall previously have been furnished to Tenant, procure and continue in force the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basisas additional insureds, with a combined single limit limits of not less than $5,000,000.00 per occurrence for bodily injury and property damages of not less than Two Million Dollars damage. Tenant shall also maintain ($2,000,000i) per occurrence "all risk" or Special Form property insurance (including coverage for terrorism under the Terrorism Risk Insurance Act ("TRIA"), and Three Million Dollars ($3,000,000) in the annual aggregateif terrorism coverage under TRIA is no longer available, then including products liability coverage if applicable, owners and contractors protective terrorism coverage, blanket contractual but only if then available at commercially reasonable prices or if otherwise then customary for terrorism coverage including both oral to be maintained by office tenants at Comparable Buildings) covering all present and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other future leasehold improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipmentany Tenant's Work or other alterations) and covering all other perils, failures or interruptions sufficient Tenant's personal property to cover a period of interruption limit of not less than twelve the full replacement value thereof, (12ii) monthsbusiness interruption insurance in an amount that will reimburse Tenant for extra expense attributable to all perils insured against in this Section 13.A. 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, (iii) comprehensive equipment breakdown insurance (without exclusion for explosion), covering all mechanical, electrical and other equipment exclusively serving the Premises (or installed for or on behalf of Tenant) against physical damage from all perils insured against in this Section 13.A., (iv) workers compensation insurance in accordance with the laws of the State of Illinois (v) comprehensive automobile liability insurance coverage with limits of not less than $1,000,000.00 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 owned, non-owned or hired motor vehicle, and (vi) such other insurance coverages or insurance limits as may be customary from time to time for landlords of Comparable Buildings to obtain from office tenants leasing space therein (provided that Landlord may not, in any event, pursuant to this clause (vi), request changes to the insurance coverages or insurance limits otherwise specified herein on more than one occasion in any 24-month period). Tenant shall carry deliver to Landlord and maintain during any other additional insured such certificates of insurance, in an Axxxx form reasonably satisfactory to Landlord, at least ten (10) days before the entire Term Turnover Date. The "all risk" or Special Form property insurance policies required to be carried by Tenant, and any certificates evidencing such policies, shall provide that the proceeds under such policies with respect to tenant improvements and rent loss shall be payable to Landlord, Tenant and each Ground Lessor or Mortgagee as their interests may appear. Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be reasonably required to recover any such insurance proceeds. Tenant shall procure 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 ten (including 10) business days before the expiration of any option periodsexisting policy or evidence of such renewal reasonably acceptable to Landlord if certificates of insurance are not issued by the insurer. All such policies shall be issued by companies of recognized responsibility permitted to do business in the State of Illinois, if applicablerated 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 all such policies shall contain a provision, to the extent reasonably available in the insurance industry (with Tenant hereby stating to Landlord, for clarification purposes, that Tenant has determined that such provision is not so available as of the date of this Lease), whereby the same cannot be cancelled, allowed to lapse or materially modified unless Landlord is given at least thirty (30) days' prior written notice of such cancellation, lapse or material modification, or, in the event of any cancellation, lapse or material modification by reason of non-payment of the premiums due thereunder, at least ten (10) days' prior written notice of the same (it being understood that in no event may Tenant’s sole cost 's insurance coverage be reduced below the coverage required pursuant to this Lease). In addition to the foregoing, Tenant shall give Landlord at least thirty (30) days' prior written notice of any cancellation, lapse or modification reducing the coverage of the insurance policies required to be maintained by Tenant hereunder. The limits of liability required herein may be provided by a single policy of insurance or by a combination of primary and expenseumbrella policies, increased amounts but in no event shall the total limits of liability available for any one occurrence or accident be less than those required herein. Tenant's policies of insurance may be maintained under "blanket policies" insuring the Premises and other property or locations of Tenant; provided, that such blanket policies shall (i) set forth the amount of the insurance applicable to the Premises, (ii) otherwise comply with the provisions of this Section 13.A., and (iii) afford the same protection to Landlord and any other additional insured required in this Lease as would be provided by Tenant's insurance policies if individually applicable to the Premises. All insurance policies required to be maintained pursuant to this Section 13.A. shall not contain any exclusions for acts of terrorism or similar events, so long a terrorism insurance is available under TRIA (and if terrorism coverage under TRIA is no longer available, then only so long as terrorism coverage is then available at commercially reasonable prices or if it is otherwise then customary for terrorism coverage to be maintained by office tenants at Comparable Buildings). In addition to the other requirements set forth in this Lease, the insurance required to be carried by Tenant under this Lease shall be primary insurance for all claims under it and shall provide that any insurance carried by Landlord, Management Company, and the holder of any Ground Lease or Mortgage is strictly excess, secondary and non-contributing with any insurance carried by Tenant and all Tenant insurance shall contain provisions for cross-liability and severability of interests as between Landlord and Tenant and shall not contain a co-insurance provision. All insurance maintained by Tenant hereunder shall allow for commercially reasonable deductibles. The foregoing "all risk" property insurance shall also contain a clause pursuant to which the insurance carriers waive all rights of subrogation against Landlord, Management Company, each Project Owner and each Ground Lessor or Mortgagee (and those for whom each is in law responsible) with respect to losses payable under such policies. In the event Tenant shall fail to timely procure any such insurance required under this Article 14 Section 13.A. and such to deliver evidence thereof to Landlord as required hereunder, Landlord may at its option, after giving Tenant no less than ten (10) days prior written notice of its election to do so and without limiting any other reasonable types rights or remedies available to Landlord, procure the same for the account of Tenant and the cost thereof shall be paid to Landlord as additional Rent upon receipt by Tenant of bills therefor. In the event, at any time during the Term, it becomes customary for landlords of Comparable Buildings to obtain copies of insurance coverage and policies (or copies of redacted policies) from tenants, rather than certificates of insurance, with respect to any of the insurance coverages described in this Section 13.A. then Landlord may require Tenant to so deliver such reasonable amounts covering the Premises and Tenant’s operations thereincopies of policies (or copies of redacted policies, as may be reasonably required the case maybe), rather than certificates of insurance, upon notice thereof to Tenant (with it being acknowledged and agreed by LandlordLandlord that it is not so customary to obtain copies of insurance policies, whether redacted or otherwise, as of the date of this Lease).

Appears in 1 contract

Samples: Office Lease (Vivid Seats Inc.)

Tenant’s Insurance. Tenant, Tenant shall at all times during the Term of this Lease, and at its own cost and expense, procure and continue keep in force throughout the following insurance coverageTerm: (ia) a Commercial General Liability Insuranceinsurance policy or policies to protect the Landlord, written on an occurrence basisLandlord’s investment manager, and the trustees, boards of directors, officers, general partners, beneficiaries, stockholders, employees and agents of each of them (individually, a “Landlord Party” and collectively, the “Landlord Parties”) against any liability to the public or to any invitee of Tenant or a Landlord Party incidental to the use of or resulting from any accident occurring in or upon the Premises with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) 2,000,000 in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverageor such larger amount as Landlord may prudently require from time to time, covering the insuring provisions of this Lease bodily injury and the performance of Tenant of the indemnity property damage liability and exemption of Landlord from liability agreements set forth in Article 13 hereof$1,000,000 products/completed operations aggregate; (iib) Business Auto Liability covering owned, non-owned and hired vehicles with a limit of not less than $1,000,000 per accident; (c) Worker’s Compensation Insurance with limits as required by statute and Employers Liability with limits of $1,000,000 each accident, $1,000,000 disease policy limit, $1,000,000 disease-each employee; (d) All Risk or Special Form coverage protecting Tenant against loss of standard fireor damage to Tenant’s alterations, extended coverage additions, improvements, carpeting, floor coverings, panelings, decorations, fixtures, inventory and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided other business personal property situated in an amount equal or about the Premises to the full replacement value new without deduction for depreciation of all the property so insured; and, (Ae) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and Business Interruption Insurance with limit of liability representing loss of at least approximately six (B6) trade fixtures, furniture, equipment and other personal property installed by or months of income. The aforesaid policies shall (a) be provided at the expense of Tenant’s expense; (iiib) Workername the Landlord Parties as additional insureds (General Liability) and loss payee (Property—Special Form); (c) be issued by an insurance company with a minimum Best’s Compensation coverage as required by lawrating of “A-:VII” during the Term; and (ivd) business interruptionprovide that said insurance shall not be canceled unless thirty (30) days prior written notice (ten days for non-payment of premium) shall have been given to Landlord; a certificate of Liability insurance on XXXXX Form 25 and a certificate of Property insurance on XXXXX Form 28 shall be delivered to Landlord by Tenant at least thirty (30) days prior to each renewal of said insurance. Whenever Tenant shall undertake any alterations, loss of income additions or improvements in, to or about the Premises (“Work”) the aforesaid insurance protection must extend to and extra expense insurance covering any failure or interruption of Tenant’s business equipment (includinginclude injuries to persons and damage to property arising in connection with such Work, without limitationlimitation including liability under any applicable structural work act, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) months. Tenant shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types insurance as Landlord shall require; and the policies of or certificates evidencing such insurance coverage and in must be delivered to Landlord prior to the commencement of any such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by LandlordWork.

Appears in 1 contract

Samples: Seventh Amendment (CymaBay Therapeutics, Inc.)

Tenant’s Insurance. Tenant, shall at all times during the Term of this Lease, and at its own cost and expense, procure and continue in force the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basis, with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, endorsement and sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s 's Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s 's business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption in an amount of not less than twelve Five Hundred Thousand Dollars (12) months$500,000.00). Tenant shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s 's sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s 's operations therein, as may be reasonably required by Landlord, but Landlord shall only be entitled to require such increased amounts and/or other coverages if they are then generally required by owners of comparable office buildings in the San Diego, California area.

Appears in 1 contract

Samples: Office Lease (Mitek Systems Inc)

Tenant’s Insurance. Tenant, shall Tenant hereby agrees to maintain in full force and effect at all times during the Term and any other period of this Leaseits occupancy or possession of the Premises, and at its own cost and expense, procure for the protection of Tenant and continue in force Landlord, as their interests may appear, policies of insurance which afford the following insurance coveragecoverages: (i1) Worker's Compensation and Employer's Liability Insurance to the extent required by then applicable law, (2) Commercial General Liability InsuranceInsurance (including protective liability coverage on operations of independent contractors engaged in construction, written coverage of Tenant's indemnity obligations under this Lease and blanket contractual liability insurance) on an occurrence basis"occurrence" basis against claims for "bodily injury" liability, including, without limitation, bodily injury, death and property damage liability, with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregateevent of "bodily injury" to any number of persons or of damages to property arising out of any single "occurrence," (3) insurance against loss or damage by fire and such other risks and hazards as are insurable under then applicable standard forms of "all risk" fire and extended coverage insurance policies to all of the Tenant Improvements and the personal property, including products liability coverage if applicablefurniture, owners furnishings and contractors protective coveragefixtures belonging to Tenant used or located in the Premises for not less than one hundred percent (100%) of the actual replacement value thereof (the proceeds of which insurance, blanket contractual coverage including both oral so long as this Lease remains in effect, shall be used to repair or replace such Tenant Improvements, personal property, furnishings and written contractsfixtures in the Premises; provided, and personal injury coveragehowever, covering the insuring provisions that upon any termination of this Lease and pursuant to Paragraph 13 above, all such proceeds to the performance extent of Tenant one hundred percent (100%) of the indemnity and exemption actual replacement value of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy such Tenant Improvements shall be the property of standard fire, extended coverage and special extended coverage insurance (all risksLandlord), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided (4) business interruption or loss of income insurance in an amount equal to the full replacement value new without deduction Basic Annual Rent for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than at least twelve (12) months. Tenant months commencing with the date of loss (the proceeds of which insurance shall carry and maintain during be paid to Landlord to the entire Term (including extent of any option periodsabatement of rent under the Lease, if applicablebut only to the extent that Landlord does not otherwise receive net insurance proceeds for rental loss), at Tenant’s sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by Landlord.

Appears in 1 contract

Samples: And Attornment Agreement (Advanced Polymer Systems Inc /De/)

Tenant’s Insurance. Tenant shall, at Tenant's expense, shall at all times maintain during the Term term of this LeaseLease (and, and at its own cost and expenseif Tenant occupies or conducts activities in or about the Premises prior to or after the term hereof, procure and continue in force the following insurance coverage: then also during such pre-term or post-term period): (i) Commercial General Liability Insurance, written on an occurrence basiscommercial general liability insurance including contractual liability coverage, with a minimum coverages of $1,000,000 per occurrence combined single limit for bodily injury and property damages of damage, $1,000,000 for products-completed operations coverage, $100,000 fire legal liability, $1,000,000 for personal and advertising injury (which coverage shall not less than Two Million Dollars (be subject to the contractual liability exclusion), with a $2,000,000) per occurrence 2,000,000 general aggregate limit, for injuries to, or illness or death of, persons and Three Million Dollars ($3,000,000) damage to property occurring in or about the Premises or otherwise resulting from Xxxxxx's operations in the annual aggregateBuilding, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy property insurance protecting Tenant against loss or damage by fire and such other risks as are insurable under then-available standard forms of standard fire, extended coverage "all risk" insurance policies (excluding earthquake and special extended coverage insurance (all risksflood but including water damage), including a vandalism covering Tenant's personal property and malicious mischief endorsementtrade fixtures in or about the Premises or the Real Property, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided any improvements and/or Alterations in an amount equal to the Premises, for the full replacement value new thereof without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenantdepreciation; (iii) Worker’s Compensation workers' compensation insurance in statutory limits; (iv) at least three months' coverage as required by lawfor loss of business income and continuing expenses, providing protection against any peril included within the classification "all risk," excluding earthquake and flood but including water damage; and (ivv) business interruptionif Tenant operates owned, loss leased or non-owned vehicles on the Real Property, comprehensive automobile liability insurance with a minimum coverage of income $1,000,000 per occurrence, combined single limit. The above described policies shall protect Tenant, as named insured, and extra expense insurance covering Landlord and all the other Indemnitees and any failure or interruption of Tenant’s business equipment (includingother parties designated by Landlord, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) months. Tenant as additional insureds; shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 insure Landlord's and such other reasonable types parties' contingent liability with regard to acts or omissions of insurance Tenant; shall specifically include all liability assumed by Tenant under this Lease (provided, however, that such contractual liability coverage shall not limit or be deemed to satisfy Tenant's indemnity obligations under this Lease); and, if subject to deductibles, shall provide for deductible amounts not in excess of those approved in advance in writing by Landlord in its sole discretion. Landlord reserves the right to increase the foregoing amount of liability coverage from time to time as Landlord determines is required to adequately protect Landlord and the other parties designated by Landlord from the matters insured thereby (provided, however, that Landlord makes no representation that the limits of liability required hereunder from time to time shall be adequate to protect Tenant), and to require that Tenant cause any of its contractors, vendors, movers or other parties conducting activities in such reasonable amounts covering or about or occupying the Premises to obtain and Tenant’s operations therein, maintain insurance as may determined by Landlord and as to which Landlord and such other parties designated by Landlord shall be reasonably required by Landlordadditional insureds.

Appears in 1 contract

Samples: Office Lease (Ask Jeeves Inc)

Tenant’s Insurance. Tenant, shall at all times during the Term of this Lease, and at its own cost and expense, procure and continue in force the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basis, with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) months. Tenant shall carry and maintain during the entire Lease Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by Landlord.

Appears in 1 contract

Samples: Standard Office Lease (Alliance Bancshares California)

Tenant’s Insurance. Tenant, shall at all times during the Term of this Lease, and at its own cost and expense, procure and continue in force the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basis, Insurance with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, Premises and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s 's Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business 's telecommunications equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) monthsinterruptions. Tenant shall carry and maintain during the entire Lease Term (including any option periods, if applicable), at Tenant’s 's sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s 's operations therein, as may be reasonably required by Landlord, so long as such increased amounts and/or other types of insurance coverage are then generally required by comparable landlords of comparable first-class, institutional quality office buildings in the vicinity of the Project.

Appears in 1 contract

Samples: Defined Terms (Patriot Scientific Corp)

Tenant’s Insurance. TenantCommencing the date Tenant is required to provide Landlord with the certificate of insurance, shall at all times during the Term of this Leaseas provided below, and continuing until the expiration or earlier termination of the Lease Term, Tenant shall carry and maintain at its own cost and expense, procure and continue in force expense the following insurance coveragecoverages with insurance companies reasonably acceptable to Landlord with a rating of A-, or better by A.M. Best Company: (i) Commercial General Liability Insurance, (CGL) Policy (written on an occurrence basis), with a limits not less than One Million Dollars ($1,000,000) combined single limit for bodily per occurrence, Two Million Dollar ($2,000,000) annual aggregate covering liability arising from premises, operations, independent contractors, products-completed operations, personal injury, advertising injury and liability assumed under a contract; (ii) Property Damage Insurance on a Causes of Loss-Special Form basis covering on a replacement cost value all Above Standard improvements, fixtures, personal property damages and equipment located within the Premises; (iii) Business Interruption and Extra Expense insurance in such amounts as will reimburse Tenant for direct or indirect loss of earnings attributable to the perils insured against under this section; (iv) Workers’ Compensation insurance policy as required by the applicable state law, and Employers Liability insurance with limits of not less than Two One Million Dollars ($2,000,0001,000,000.00); (v) per occurrence and Three Automobile Liability insurance with single limit coverage of at least $1,000,000 for all owned, leased/hired or non-owned vehicles; (vi) If Tenant will serve or sell alcohol at the Project, a liquor liability insurance policy with minimum coverage of One Million Dollars ($3,000,0001,000,000.00); and (vii) in the annual aggregate, including products Excess/Umbrella liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions policy “following form” of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; not less than Four Million Dollars (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks$4,000,000), including a vandalism “drop down” feature in case the limits of the primary policy are exhausted. Landlord may also require all Outside Contractors to provide additional types of insurance coverages in amounts and malicious mischief endorsementtypes deemed necessary by Landlord, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipmentconstruction All-Risk Builder’s risks, Owners and Contractors Protective (OCP) Liability insurance, Professional Errors and Omissions liability insurance, and insurance covering all other perilssuch contractor’s equipment and tools. Each Liability insurance policy required to be maintained hereunder by Tenant shall name the following entities as Additional Insureds: Landlord, failures Parkway Operating Partnership, LP, Eola Capital LLC, and their direct and indirect parent companies and subsidiaries and any of their affiliated entities, successors and assigns, as well as their respective current or interruptions sufficient future directors, officers, employees, partners, members and agents. Tenant’s insurance shall be considered primary, not excess, and non-contributory with Landlord’s insurance policies. Insurance deductibles or retentions should be within reasonable and customary for policy holders in similar businesses and locations. An AXXXX 25 certificate of such insurance in the most recent edition available and reasonably satisfactory to cover a period Landlord, before the earlier of interruption the Commencement Date or ten (10) days after execution of the Lease, reflecting the limits and endorsements required herein, and renewal certificates shall be delivered to Landlord at least ten (10) days prior to the expiration date of any policy. Each policy shall be endorsed to provide notice of nonrenewal to Landlord and shall further provide that it may not less than twelve be materially altered or canceled without thirty (1230) monthsdays prior notice to Landlord. Landlord agrees to cooperate with Tenant to the extent reasonably requested by Tenant to enable Tenant to obtain such insurance. Landlord San Fxxxxx Plaza/Summer Energy Holdings, Inc. DocuSign Envelope ID: A1357CC3-ED4D-47DF-A5FB-22FC3BC9DEAD shall have the right to require increased limits if, in Landlord’s reasonable judgment, such increase is necessary. Tenant shall carry pay all premiums and maintain during the entire Term (including any option periodscharges for all of said policies, and, if applicable)Tenant shall fail to make any such payment when due or carry any such policy, Landlord may, but shall not be obligated to, make such payment or carry such policy, and the amount paid by Landlord, with interest thereon at Tenant’s sole cost and expensethe Default Rate, increased amounts of the insurance required shall be repaid to be carried Landlord by Tenant pursuant within ten (10) days following demand therefor, and all such amounts so repayable, together with such interest, shall be deemed to constitute additional Rent hereunder. Payment by Landlord of any such premium, or the carrying by Landlord of any such policy, shall not be deemed to waive or release Tenant from any remedy available to Landlord under this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by LandlordLease.

Appears in 1 contract

Samples: Commercial Lease Agreement (Summer Energy Holdings Inc)

Tenant’s Insurance. Tenant, shall at all times during Effective as of the Term earlier of: (1) the date Tenant enters or occupies any portion of this Leasethe Premises; or (2) the Initial Premises Commencement Date, and at its own cost and expensecontinuing throughout the Term, procure and continue in force Tenant shall maintain the following insurance coveragepolicies: (iA) Commercial General 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 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 20 26 11 85 or equivalent; (B)Automobile Liability Insurancecovering any owned, written on an occurrence basisnon-owned, leased, rented or borrowed vehicles of Tenant with a limits no less than $3,000,000 combined single limit for property damage and bodily injury 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 damages (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 OFFICE LEASE AGREEMENT CentrePort/Radiant Systems, Inc. 16 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 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 Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($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 annual aggregateevent Tenant performs any alterations or repairs in, including products liability coverage if applicableon, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal or to the Premises, to the extent not covered by the All Risk Property insurance required under Section 11(a)(2)(D) hereinabove, 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 new without deduction for depreciation covering all work incorporated in the Building and all materials and equipment in or about the Premises; and (I) such other insurance or any changes or endorsements to the insurance required herein, including increased limits of coverage, as Landlord, or any mortgagee or lessor of Landlord, may reasonably require from time to time, but only in the event and to the extent such coverages are commonly required by like landlords of similar properties and coverage is commercially available in the insurance industry. 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 CG 20 26 11 85 or equivalent, and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required hereunder at least ten (A10) days prior to the earlier of the Initial Premises Commencement Date or the date Tenant Improvements, Alterations, fixtures and other improvements in enters or occupies any portion of the Premises, including but not limited and at least fifteen (15) days prior to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilitieseach renewal of said insurance, and Tenant shall obtain a written obligation on the part of each insurance company to notify Landlord at least thirty (B30) trade fixturesdays before cancellation of any such insurance policies. All such insurance policies shall be in form, furnitureand issued by companies with a Best’s rating of A:VII or better, equipment 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, and such failure continues for a period of two (2) Business Days following the date of written notice thereof from Landlord to Tenant, Landlord, in addition to any other personal property installed by remedy available pursuant to this Lease or at otherwise, may, but shall not be obligated to, obtain such insurance and Tenant shall pay to Landlord on demand the expense premium costs thereof, plus an administrative fee of Tenant; ten percent (iii10%) Worker’s Compensation of such cost. 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 required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption provided in this Lease. All of Tenant’s business equipment (including, without limitation, telecommunications equipment) insurance policies may contain commercially reasonable deductibles and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) months. Tenant shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by Landlordself-insured retentions.

Appears in 1 contract

Samples: Office Lease Agreement (Radiant Systems Inc)

Tenant’s Insurance. Tenant, shall at all times during the Term of this Lease, and at its own cost and expense, procure and continue in force the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basis, with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,0002,000,000.00) per occurrence and Three Million Dollars ($3,000,0003,000,000.00) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) months. Tenant shall carry and maintain during the entire Lease Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by Landlord.

Appears in 1 contract

Samples: Standard Office Lease (Nexsan Corp)

Tenant’s Insurance. Tenant shall, at Tenant's expense, shall at all times maintain during the Term term of this LeaseLease (and, and at its own cost and expenseif Tenant occupies or conducts activities in or about the Premises prior to or after the term hereof, procure and continue in force the following insurance coverage: then also during such pre-term or post-term period): (i) Commercial General Liability Insurance, written on an occurrence basiscommercial general liability insurance including contractual liability coverage, with a minimum coverages of $1,000,000 per occurrence combined single limit for bodily injury and property damages of damage, $1,000,000 for products-completed operations coverage, $100,000 fire legal liability, $1,000,000 for personal and advertising injury (which coverage shall not less than Two Million Dollars (be subject to the contractual liability exclusion), with a $2,000,000) per occurrence 2,000,000 general aggregate limit, for injuries to, or illness or death of, persons and Three Million Dollars ($3,000,000) damage to property occurring in or about the Premises or otherwise resulting from Tenant's operations in the annual aggregateBuilding, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy property insurance protecting Tenant against loss or damage by fire and such other risks as are insurable under then-available standard forms of standard fire, extended coverage "all risk" insurance policies (excluding earthquake and special extended coverage insurance (all risksflood but including water damage), including a vandalism covering Tenant's personal property and malicious mischief endorsementtrade fixtures in or about the Premises or the Real Property, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided any improvements and/or Alterations in an amount equal to the Premises, for the full replacement value new thereof without deduction for depreciation depreciation, except that Tenant shall not be required to insure any of all (A) Tenant Improvements, Alterations, fixtures and other improvements the Initial Alterations or subsequent Alterations in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication Premises which are normal and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenantcustomary general office improvements; (iii) Worker’s Compensation workers' compensation insurance in statutory limits; (iv) at least three months' coverage as required by lawfor loss of business income and continuing expenses, providing protection against any peril included within the classification "all risk," excluding earthquake and flood but including water damage; and (ivv) business interruptionif Tenant operates owned, loss leased or non-owned vehicles on the Real Property, comprehensive automobile liability insurance with a minimum coverage of income and extra expense insurance covering any failure or interruption of Tenant’s business equipment $1,000,000 per occurrence, combined single limit. The policies described above in clauses (including, without limitation, telecommunications equipmenti) and covering (v) shall protect Tenant, as named insured, and Landlord and all the other perilsIndemnitees and any other parties designated by Landlord, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) months. Tenant as additional insureds; shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 insure Landlord's and such other parties' contingent liability with regard to acts or omissions of Tenant; and shall specifically include all liability assumed by Tenant under this Lease (provided, however, that such contractual liability coverage shall not limit or be deemed to satisfy Tenant's indemnity obligations under this Lease). The policies described in clause (ii) above shall protect Tenant, as named insured, and Landlord and all the other Indemnitees and any other parties designated by Landlord, as additional insureds and as loss payees, as their respective interests may appear. If any of the policies described above in this Paragraph 15.a. are subject to deductibles, the deductible amounts (including by way of a self-insured retention) shall not be in excess of those approved in advance in writing by Landlord in its reasonable types discretion. Landlord reserves the right to increase the foregoing amount of insurance liability coverage from time to time as Landlord reasonably determines is required to adequately protect Landlord and the other parties designated by Landlord from the matters insured thereby (provided, however, that Landlord makes no representation that the limits of liability required hereunder from time to time shall be adequate to protect Tenant), and to require that Tenant cause any of its contractors, vendors, movers or other parties conducting activities in such reasonable amounts covering or about or occupying the Premises to obtain and Tenant’s operations therein, maintain insurance as may reasonably determined by Landlord and as to which Landlord and such other parties reasonably designated by Landlord shall be reasonably required by Landlordadditional insureds.

Appears in 1 contract

Samples: Office Lease (Critical Path Inc)

Tenant’s Insurance. TenantCommencing the date Tenant is required to provide Landlord with the certificate of insurance, shall at all times during the Term of this Leaseas provided below, and continuing until the expiration or earlier termination of the Lease Term, Tenant shall carry and maintain at its own cost and expense, procure and continue in force expense the following insurance coveragecoverages with insurance companies reasonably acceptable to Landlord with a rating of A- or better by A.M. Best Company: (i) Commercial General Liability Insurance, (CGL) Policy (written on an occurrence basis), with a limits not less than One Million Dollars ($1,000,000) combined single limit for bodily per occurrence, Two Million Dollar ($2,000,000) annual aggregate covering liability arising from premises, operations, independent contractors, products-completed operations, personal injury, advertising injury and liability assumed under a contract; (ii) Property Damage Insurance on a Causes of Loss-Special Form basis covering on a replacement cost value all Above Standard improvements, fixtures, personal property damages and equipment located within the Premises; (iii) Business Interruption and Extra Expense insurance in such amounts as will reimburse Tenant for direct or indirect loss of earnings attributable to the perils insured against under this section; (iv) Workers’ Compensation insurance policy as required by the applicable state law, and Employers Liability insurance with limits of not less than Two One Million Dollars ($2,000,0001,000,000.00); (v) per occurrence and Three Automobile Liability insurance with single limit coverage of at least $1,000,000 for all owned, leased/hired or non-owned vehicles; (vi) If Tenant will serve or sell alcohol at the Project, a liquor liability insurance policy with minimum coverage of One Million Dollars ($3,000,0001,000,000.00); and (vii) in the annual aggregate, including products Excess/Umbrella liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions policy “following form” of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; not less than Four Million Dollars (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks$4,000,000), including a vandalism “drop down” feature in case the limits of the primary policy are exhausted. Landlord may also require all Outside Contractors to provide additional types of insurance coverages in amounts and malicious mischief endorsementtypes deemed necessary by Landlord, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipmentconstruction All-Risk Builder’s risks, Owners and Contractors Protective (OCP) Liability insurance, Professional Errors and Omissions liability insurance, and insurance covering all other perilssuch contractor’s equipment and tools. Each Liability insurance policy required to be maintained hereunder by Tenant shall name the following entities as Additional Insureds: Landlord, failures Parkway Properties, Inc., Parkway Realty Services, LLC, and their direct and indirect parent companies and subsidiaries and any of their affiliated entities, successors and assigns, as well as their respective current or interruptions sufficient future directors, officers, employees, partners, members and agents. Tenant’s insurance shall be considered primary, not excess, and non-contributory with Landlord’s insurance policies. Insurance deductibles or retentions should be reasonable and customary for policy holders in similar businesses and locations. An XXXXX 25 certificate of such insurance in the most recent edition available and reasonably satisfactory to cover a period Landlord, before the earlier of interruption the Commencement Date or ten (10) days after execution of the Lease, reflecting the limits and endorsements required herein, and renewal certificates shall be delivered to Landlord at least ten (10) days prior to the expiration date of any policy. Each policy shall be endorsed to provide notice of nonrenewal to Landlord and shall further provide that it may not less than twelve be materially altered or canceled without thirty (1230) monthsdays prior notice to Landlord. Landlord agrees to cooperate with Tenant to the extent reasonably requested by Tenant to enable Tenant to obtain such insurance. Landlord shall have the right to require increased limits if, in Landlord’s reasonable judgment, such increase is necessary. Tenant shall carry pay all premiums and maintain during the entire Term (including any option periodscharges for all of said policies, and, if applicable)Tenant shall fail to make any such payment when due or carry any such policy, Landlord may, but shall not be obligated to, make such payment or carry such policy, and the amount paid by Landlord, with interest thereon at Tenant’s sole cost and expensethe Default Rate, increased amounts of the insurance required shall be repaid to be carried Landlord by Tenant pursuant within ten (10) days following demand therefor, and all such amounts so repayable, together with such interest, shall be deemed to constitute additional Rent hereunder. Payment by Landlord of any such premium, or the carrying by Landlord of any such policy, shall not be deemed to waive or release Tenant from any remedy available to Landlord under this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by LandlordLease.

Appears in 1 contract

Samples: Commercial Lease (Fleetmatics Group PLC)

Tenant’s Insurance. Tenant, shall at all times during the Term of this Lease, and at its own cost and expense, procure and continue in force the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basis, with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregateaggregate (which may be satisfied, in part, by umbrella coverage), including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereofhereof (to the extent such indemnification obligations are covered under a standard Commercial General Liability policy); (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, and sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; and (iii) Worker’s Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) months. Tenant shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by Landlord.

Appears in 1 contract

Samples: Assignment of Sublease Agreement (Coinstar Inc)

Tenant’s Insurance. Tenant, shall at all times during the Term of this Lease, and at its own cost and expense, procure and continue in force the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basis, Insurance with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, Premises and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business telecommunications equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) monthsinterruptions, if commercially available. Tenant shall carry and maintain during the entire Lease Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by Landlord.

Appears in 1 contract

Samples: Office Lease (Thomas Weisel Partners Group, Inc.)

Tenant’s Insurance. Tenant, shall at all times during the Term of this Lease, and at its own cost and expense, procure and continue in force the following insurance coverage: (i) Commercial General Liability InsuranceInsurance (which may include umbrella insurance) insuring both Landlord and Tenant against all claims, demands or actions for bodily injury, property damage, personal and advertising injury, and medical payments arising out of or in connection with Tenant's use or occupancy of the Premises, or by the condition of the Premises, written on an occurrence basis, with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregateaggregate (and no offset for occurrences on property other than the Premises), including products liability coverage if applicable, owners and contractors protective coveragecoverage (when Tenant performs Alterations), blanket contractual coverage including both oral and written contractscoverage, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Improvements and Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; and (iii) Worker’s 's Compensation and Employers liability coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) monthsLaw. Tenant shall carry and maintain during the entire Term (including any option periodsOption Terms, if applicable), at Tenant’s 's sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s 's operations therein, as may be reasonably required by Landlord, but Landlord shall only be entitled to require such increased amounts and/or other coverages if they are then generally required by owners of comparable buildings in the San Diego County, California area.

Appears in 1 contract

Samples: Lease (Cohu Inc)

Tenant’s Insurance. Tenant, at Tenant's sole cost and expense, shall at all times during obtain and maintain for the Term of this Lease, and at its own cost and expense, procure and continue in force insurance policies providing the following insurance coverage: (i) Commercial General Liability Insurance"all risk" or "special form" property insurance for the Tenant Fixtures (as defined in Section 20.1) and merchandise and other contents, written for the full replacement cost of said items, (ii) "all risk" property or "special form" insurance business interruption coverage on an occurrence a one hundred percent (100%), twelve (12) month actual loss sustained basis, (iii) all perils included in the classification "all-risk property insurance coverage" or "special causes of loss" under insurance industry practices in effect from time to time in the jurisdiction in which the Shopping Center is located, and which shall include, but not necessarily be limited to, coverage against wind and flood (if required); (iv) plate glass insurance, (v) commercial general liability insurance (covering, without limitation, Tenant's contractual liability under this Lease, 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, 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 such amounts as Landlord may reasonably require) naming Landlord, the Landlord Entities and any mortgagees and master lessors as additional insureds, which policy is to be in the minimum amount of One Million Dollars ($1,000,000.00) per occurrence, in the minimum amount of Two Million Dollars ($2,000.000.00) in the aggregate, in the minimum amount of One Million Dollars ($1,000,000.00) with a combined single limit for bodily respect to personal injury and advertising injury liability, and in the minimum amount of One Million Dollars ($1,000,000.00) with respect to property damages damage, (vi) product liability insurance for merchandise offered for sale or rental from the Premises, including (if this Lease covers Premises in which food and/or alcoholic beverages are sold and/or consumed) liquor liability coverage and if food and/or beverages are sold and/or consumed, coverage for liability arising out of the consumption of food and/or alcoholic beverages on or obtained at the Premises, of not less than Two Million Dollars ($2,000,0002,000,000.00) per occurrence for personal injury and Three death and property damage, which shall name Landlord, the Landlord Entities, and any mortgagees and master lessors as additional insureds, (vii) workers' compensation insurance coverage in accordance with the laws of the Commonwealth of Pennsylvania and employer's liability insurance in the minimum amount of One Million Dollars ($3,000,0001,000,000.00) with respect to each occurrence of bodily injury by accident, the minimum amount of One Million Dollars ($1,000,000.00) in the annual aggregateaggregate for bodily injury by disease and the minimum amount of One Million Dollars ($1,000,000.00) per employee in respect to bodily injury by disease, (viii) business automobile liability insurance, including products liability coverage if applicable"non-owned" automobiles, owners and contractors protective coverageagainst bodily injury, blanket contractual coverage including both oral and written contractsdeath resulting therefrom, and personal injury coverageproperty damage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption limits of not less than twelve One Million Dollars (12$1,000,000.00) monthsper accident covering owned, leased, hired and non-owned vehicles used by or on behalf of Tenant, (ix) excess general, business automobile and employer's liability insurance with limits not less than Two Million Dollars ($2,000,000.00) per occurrence, and (x) "all risk" or "special form" builder's risk insurance in accordance with the provisions of Section 9.4. Both business automobile and excess liability policies shall name Landlord, the Landlord Entities, and any mortgagees and master lessors as additional insureds. Neither the issuance of any insurance policy required hereunder, nor the minimum limits specified herein with respect to Tenant's insurance coverages, shall be deemed to limit or restrict in any way Tenant's liability arising under or out of this Lease. With respect to each and every one of the insurance policies herein required to be procured by Tenant, before the earlier of the commencement of Tenant's Work and the date Tenant takes possession of the Premises, and before any such insurance policy shall expire, Tenant shall carry deliver to Landlord a duplicate original or certified copy of each such policy or a certificate of the insurance, certifying that such policy has been issued, providing the coverage required by this Section and maintain during containing provisions specified herein, together with evidence of payment of all applicable premiums. In the entire Term (including event that Tenant shall fail promptly to furnish evidence of any option periodsinsurance coverage, if applicable)Landlord, at its sole option, may obtain the required insurance as set forth in Section 18.5 on Tenant's behalf, at Tenant’s sole cost and 's expense, increased amounts of and issue Tenant an invoice for all costs incurred. Without limiting the insurance required to be carried by Tenant pursuant to this Article 14 and foregoing, the "Landlord Entities" (which are defined as the following Landlord affiliated entities, and/or such other reasonable types of insurance coverage entities as Landlord may designate by notice to Tenant from time to time, including without limitation, Landlord's lender), shall be additional insureds under clauses (v), (vi), (viii) and in such reasonable amounts covering the Premises and Tenant’s operations therein(ix): Springfield Shoppes Associates, as may be reasonably required by Landlord.LP 000 Xxxxxxxxxxx Xxxxxxxxx, Xxxxx 000 Xxxxxxxxxx, Xxxxxxxxxxxx 00000 Horizon Properties Group, LLC 000 Xxxxxxxxxxx Xxxxxxxxx, Xxxxx 000 Xxxxxxxxxx, Xxxxxxxxxxxx 00000

Appears in 1 contract

Samples: Shopping Center Lease (Fast Casual Concepts, Inc.)

Tenant’s Insurance. Tenant, shall TENANT covenants and agrees to procure at all times its expense on or before the Lease Commencement Date and to keep in force during the Lease Term of this Lease, and at its own cost and expense, procure and continue in force any extensions thereof the following insurance coveragenaming LANDLORD, its management agent for the Building (the “Building Manager”), any Mortgagee and/or ground lessor of the Building and/or the Land, and TENANT as insured parties: (ia) Commercial General a commercial general liability insurance policy or such successor comparable form of coverage in the broadest form then available (a “Liability Insurance, Policy”) written on an occurrence basis” including, with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coveragewithout limitation, blanket contractual liability coverage, business interruption, automobile, broad form property damage, independent contractor’s coverage including both oral and written contracts, and personal injury coverage, covering protecting LANDLORD, the Building Manager, such Mortgagee and/or ground lessor, and TENANT against any liability whatsoever occasioned by any occurrence on or about the Premises or any appurtenances thereto; (b) a fire and other casualty policy (a “Fire Policy”) insuring provisions the full replacement value of this Lease all Tenant Improvement Work and the performance of Tenant Alterations, regardless by whom installed, and all of the indemnity furniture, trade fixtures and exemption other personal property of Landlord from liability agreements set forth TENANT located in Article 13 hereofthe Premises against loss or damage by fire, theft and such other risks or hazard; and (iic) a policy of standard fireinsurance against loss or damage to the major components of the air- conditioning and heating system, extended flywheels, steam pipes, steam turbines, steam engine, steam boilers and other pressure vessels, high pressure piping and machinery, if any, such as are installed by or on behalf of TENANT in the Premises. Such policies shall also insure against physical damage to the Premises arising out of an accident covered thereunder; such policies are to be written by good and solvent insurance companies, satisfactory to LANDLORD, licensed to do business in the State of Texas, shall have not less than a Best’s A+ 10 rating and shall be in such limits and with such maximum deductibles as LANDLORD may reasonably require from time to time. As of the date of this Lease, LANDLORD reasonably requires limits of liability under: (1) the Liability Policy of not less than $3,000,000 combined single limit per occurrence for bodily or personal injury (including death) and property damage combined, which coverage may a basic policy of not less than $1,000,000 and special extended an umbrella coverage insurance of not less than $2,000,000; (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount 2) the Fire Policy equal to the full replacement value new without deduction for depreciation of all (A) Tenant ImprovementsImprovement Work, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment trade fixtures and other personal property installed by or at the expense with a deductible of Tenant; (iii) Worker’s Compensation coverage as required by lawno more than $1,000.00; and (iv3) machinery insurance for full replacement cost of equipment with a deductible of no more than $1,000.00. TENANT will furnish LANDLORD with such information as LANDLORD may reasonably request from time to time as to the value of the items specified in clause (2) above within ten (10) business interruptiondays after request therefore. Such insurance may be carried under a blanket policy covering the Premises and other locations of TENANT, loss if any, provided that each such policy shall in all respects comply with this Article and shall specify (i) that the portion of income the total coverage of such policy that is allocated to the Premises is in the amounts required pursuant to this Section and extra expense insurance covering (ii) any failure sublimits in such blanket policy and such policy shall also specify, or interruption of Tenant’s business equipment (includingTENANT shall furnish LANDLORD a written statement from the insurer under such policy, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not that the protection afforded TENANT under any such blanket policy shall be no less than twelve (12) monthsthat which would have been afforded under a separate policy relating only to the Premises. Tenant shall carry and maintain during Prior to the entire Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts of the time insurance under this Section is first required to be carried by Tenant pursuant TENANT, and thereafter at least fifteen (15) days prior to the expiration date of any such policy, TENANT agrees to deliver to LANDLORD a certificate evidencing such insurance and payment of the premium therefore. Said certificate shall contain an endorsement that such insurance may not be canceled or amended except upon thirty (30) days’ prior written notice to LANDLORD. Notwithstanding anything to the contrary contained in this Article 14 and such other reasonable types Lease, the carrying of insurance coverage by TENANT in compliance with this Section shall not modify, reduce, limit or impair TENANT’s obligations and liabilities under any and every indemnity by TENANT to LANDLORD set forth in such reasonable amounts covering this Lease. TENANT shall name the Premises and Tenant’s operations therein, City of McAllen as may be reasonably an Additional Insured on all required by Landlordinsurance.

Appears in 1 contract

Samples: Lease Agreement

Tenant’s Insurance. TenantTenant shall, shall at all times during the Term of this Lease, and at its own cost costs and expense, procure and continue in force the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basis, Insurance with a combined single limit for bodily injury and property damages of not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all al risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterationsalterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, Premises and (B) trade fixtures, furniture, equipment and other personal person property installed by or at the expense of Tenant; (iii) Worker’s 's Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business 's telecommunications equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) monthsinterruptions. Tenant shall carry and maintain during the entire Lease Term (including any option periods, if applicable), at Tenant’s 's sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s 's operations therein, as may be reasonably required by Landlord.

Appears in 1 contract

Samples: Office Lease (Inetvisionz Com Inc)

Tenant’s Insurance. Tenant, shall at all times during the Term of this Lease, and at its own cost and expense, procure and continue in force the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basis, with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s 's Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s 's business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) months. Tenant shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s 's sole cost and expense, reasonable increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s 's operations therein, as may be reasonably required by Landlord, but Landlord shall only be entitled to require such increased amounts and/or other coverages if they are then generally required by owners of comparable office buildings in the Bothell, Washington area.

Appears in 1 contract

Samples: Multi Tenant Lease (SCOLR Pharma, Inc.)

Tenant’s Insurance. Tenant, shall at At all times during after the Term execution of this Lease, Tenant will carry and maintain, at its own cost and expenseexpense with insurance companies reasonably acceptable to Landlord that are rated no less than A-, procure and continue in force the following insurance coverageClass VI, by A.M. Best Company: (i) Commercial General Liability Insurancea commercial general liability insurance policy, written on an occurrence basisincluding insurance against assumed or contractual liability under this Lease, for liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto, including any portion of the Common Areas used by Tenant, to afford protection with a combined single limit for respect to bodily injury and injury, death or property damages damage (including loss of use) of not less than One Million Dollars ($1,000,000) each occurrence/Two Million Dollars ($2,000,000) per occurrence aggregate; (ii) an all-risks property and Three casualty insurance (special form building and personal property coverage) policy, including theft coverage, written at replacement cost value with replacement cost endorsements, covering all of the Tenant’s property: (iii) a worker’s compensation insurance policy with applicable statutory’ limits, (iv) automobile liability insurance with single limit coverage of at least $1,000,000 for all owned, leased/hired or non-owned vehicles, (v) an excess/umbrella liability policy “following form” of not less than Four Million Dollars ($3,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks4,000,000), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers “drop down” feature in case the limits of the primary policy are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilitiesexhausted, and (Bvi) trade fixtures, furniture, equipment and other personal property installed by if Tenant will serve or sell alcohol at the expense Project, a liquor liability insurance policy with minimum coverage of Tenant; One Million Dollars (iii) Worker’s Compensation coverage $1,000,000). Landlord may also require all Outside Contractors to provide in addition to the insurance coverages referenced above such other insurance in amounts and types and with such companies as required may be reasonably requested by law; and (iv) business interruptionLandlord, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering construction all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) months. Tenant shall carry and maintain during the entire Term risk/builder’s risks (including any option periodsloss of revenue) insurance, if applicable)professional errors and omissions liability insurance, at Tenantand insurance covering such contractor’s sole cost equipment and expense, increased amounts of the tools. Each insurance policy required to be carried maintained hereunder by Tenant pursuant to this Article 14 shall include an “Additional Insured Endorsement” in favor of Parkway Properties, Inc., its subsidiaries and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations thereinaffiliated companies, as well as the employees, officers, directors and agents of such companies and any other designees of Landlord and shall be primary. An XXXXX 25 certificate of such insurance in a form reasonably satisfactory to Landlord, or certified copies of the policies, shall be furnished to Landlord on or before the earlier of the Commencement Date or ten (10) days after execution of the Lease, reflecting the limits and endorsements required herein, and renewal XXXXX 25 certificates or certified copies of renewal policies shall be delivered to Landlord at least ten (10) days prior to the expiration date of any policy. Each policy shall require notice of nonrenewal to Landlord and shall further provide that it may not be altered or canceled without thirty (30) days prior notice to Landlord. Landlord agrees to cooperate with Tenant to the extent reasonably requested by Tenant to enable Tenant to obtain such insurance. Landlord shall have the right to require increased limits if, in Landlord’s reasonable judgment, such increase is necessary, provided, however, in no event shall Landlord increase the required coverage more frequently than every two (2) calendar years during the Term or to an amount in excess of that which is being required by Landlordowners of comparable office buildings located in the Virginia Beach, VA metropolitan area.

Appears in 1 contract

Samples: Lease Agreement (ADS Tactical, Inc.)

Tenant’s Insurance. Tenant shall, at Tenant's expense, shall at all times maintain during the Term term of this LeaseLease (and, and at its own cost and expenseif Tenant occupies or conducts activities in or about the Premises prior to or after the term hereof, procure and continue in force the following insurance coverage: then also during such pre-term or post-term period): (i) Commercial General Liability Insurance, written on an occurrence basiscommercial general liability insurance including contractual liability coverage, with a minimum coverages of $1,000,000 per occurrence combined single limit for bodily injury and property damages of damage, $1,000,000 for products-completed operations coverage, $100,000 fire legal liability, $1,000,000 for personal and advertising injury (which coverage shall not less than Two Million Dollars (be subject to the contractual liability exclusion), with a $2,000,000) per occurrence 2,000,000 general aggregate limit, for injuries to, or illness or death of, persons and Three Million Dollars ($3,000,000) damage to property occurring in or about the Premises or otherwise resulting from Tenant's operations in the annual aggregateBuilding, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy property insurance protecting Tenant against loss or damage by fire and such other risks as are insurable under then-available standard forms of standard fire, extended coverage "all risk" insurance policies (excluding earthquake and special extended coverage insurance (all risksflood but including water damage), including a vandalism covering Tenant's personal property and malicious mischief endorsementtrade fixtures in or about the Premises or the Real Property, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided any improvements and/or Alterations in an amount equal to the Premises, for the full replacement value new thereof without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenantdepreciation; (iii) Worker’s Compensation workers' compensation insurance in statutory limits; (iv) at least three months' coverage as required by lawfor loss of business income and continuing expenses, providing protection against any peril included within the classification "all risk," excluding earthquake and flood but including water damage; and (ivv) business interruptionif Tenant operates owned, loss leased or non-owned vehicles on the Real Property, comprehensive automobile liability insurance with a minimum coverage of income $1,000,000 per occurrence, combined single limit. The above described policies shall protect Tenant, as named insured, and extra expense insurance covering Landlord and all the other Indemnitees and any failure or interruption of Tenant’s business equipment (includingother parties designated by Landlord, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) months. Tenant as additional insureds; shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 insure Landlord's and such other reasonable types parties' contingent liability with regard to acts or omissions of insurance Tenant; shall specifically include all liability assumed by Tenant under this Lease 20 (provided, however, that such contractual liability coverage shall not limit or be deemed to satisfy Tenant's indemnity obligations under this Lease); and, if subject to deductibles, shall provide for deductible amounts not in excess of those approved in advance in writing by Landlord in its sole discretion. Landlord reserves the right to increase the foregoing amount of liability coverage from time to time as Landlord reasonably determines is required to adequately protect Landlord and the other parties designated by Landlord from the matters insured thereby (provided, however, that Landlord makes no representation that the limits of liability required hereunder from time to time shall be adequate to protect Tenant), and to require that Tenant cause any of its contractors, vendors, movers or other parties conducting activities in such reasonable amounts covering or about or occupying the Premises to obtain and Tenant’s operations therein, maintain insurance as may determined by Landlord and as to which Landlord and such other parties designated by Landlord shall be reasonably required by Landlordadditional insureds.

Appears in 1 contract

Samples: Norcal Waste Systems Inc

Tenant’s Insurance. Tenant, shall at all times during the Term of this Lease, and at its own cost and expense, procure and continue in force the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basis, with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article Section 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s 's Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s 's business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) months. Tenant shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s 's sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article Section 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s 's operations therein, as may be reasonably required by Landlord.

Appears in 1 contract

Samples: Standard Office Lease (Ecotality, Inc.)

Tenant’s Insurance. Tenant, shall at all times during the Term of this Lease, and at its own cost and expense, procure and continue in force the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basis, with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) per occurrence and Five Million Dollars ($5,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) months. Tenant shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by Landlord.

Appears in 1 contract

Samples: Standard Office Lease (Prospect Acquisition Corp)

Tenant’s Insurance. Tenant, shall at all times during the Term of this Lease, and at its own cost and expense, procure and continue in force the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basis, Insurance with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) per occurrence and Five Million Dollars ($5,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, Premises and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business telecommunications equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) monthsinterruptions, if commercially available. Tenant shall carry and maintain during the entire Lease Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by Landlord.

Appears in 1 contract

Samples: Office Lease (Thomas Weisel Partners Group, Inc.)

Tenant’s Insurance. TenantTenant shall, shall at all times during the Term of this Lease, and at its own cost and expense, procure and continue in force the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basis, Insurance with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, Premises and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s 's Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business 's telecommunications equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) monthsinterruptions. Tenant shall carry and maintain during the entire Lease Term (including any option periods, if applicable), at Tenant’s 's sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s 's operations therein, as may be reasonably required by Landlord.

Appears in 1 contract

Samples: Office Lease (Peoples Liberation Inc)

Tenant’s Insurance. TenantEffective as of the earlier of (1) the date Tenant enters or occupies the Premises, shall at all times during or (2) the Term of this LeaseCommencement Date, and at its own cost and expensecontinuing throughout the Term, procure and continue in force Tenant shall maintain the following insurance coveragepolicies: (iA) Commercial General Liability Insurance, written on commercial general liability insurance in amounts of $3,000,000 per occurrence (which may be satisfied by Tenant’s obtaining primary coverage in an occurrence basis, with a combined single limit for bodily injury and property damages of amount not less than Two Million Dollars ($2,000,000) per occurrence 2,000,000 and Three Million Dollars ($3,000,000) in the annual aggregate, including products liability umbrella coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the difference between $3,000,000 and the amount of such primary coverage) 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 in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord’s property 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 replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures alterations and other 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 or others) in the Premises or otherwise placed in the Project by or on behalf of a Tenant Party (including Xxxxxx’s Off-Premises Equipment), (D) contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not limited to all mechanicalalready included in Tenant’s commercial general liability insurance policy), plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities(E) worker’s compensation insurance, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s Compensation coverage as required by law; and (ivF) business interruption, loss of income and extra expense interruption insurance covering any failure or interruption of in an amount reasonably acceptable to Landlord. Tenant’s business equipment (includinginsurance shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage, without limitationand 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, telecommunications equipment) and covering all other perils, failures or interruptions sufficient insurance to cover a period of interruption of not less than twelve (12) monthsbe maintained by Tenant shall have no deductible. Tenant shall carry furnish to Landlord certificates of such insurance and maintain during the entire Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required hereunder at least ten days prior to the earlier of the Commencement Date or the date Tenant enters or occupies the Premises, on or before the date of each renewal of said insurance, and Tenant shall obtain a written obligation on the part of each insurance company to notify Landlord at least 30 days before cancellation or a material change of any such insurance policies. All such insurance policies shall be carried in form, and issued by companies with a Best’s rating of A:VII or better, 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 and such failure continues for five days following Landlord’s receipt of an additional notice from Tenant that includes the following phrase in bold, all caps type: “WARNING: FAILURE TO PROVIDE EVIDENCE OF INSURANCE COVERAGE IN COMPLIANCE WITH THE REQUIREMENTS OF THE LEASE FIVE BUSINESS DAYS FOLLOWING RECEIPT OF THIS NOTICE WILL ALLOW LANDLORD TO PROCURE INSURANCE ON TENANT’S BEHALF AND CHARGE COSTS TO TENANT,” then in such case, Landlord, in addition to any other remedy available pursuant to this Article 14 Lease or otherwise, may, but shall not be obligated to, obtain such insurance and Tenant shall pay to Landlord on demand the premium costs thereof, plus an administrative fee of 15% of such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by Landlordcost.

Appears in 1 contract

Samples: Lease Agreement (Akoustis Technologies, Inc.)

Tenant’s Insurance. Tenant, shall at all times during the Term of this Lease, and at its own cost and expense, procure and continue in force the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basis, Insurance with a combined single limit for bodily injury and property damages of not less than Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereof; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, Premises and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s 's Compensation coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business 's telecommunications equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve (12) monthsinterruptions. Tenant shall carry and maintain during the entire Lease Term (including any option periods, if applicable), at Tenant’s 's sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s 's operations therein, as may be reasonably required by Landlord.

Appears in 1 contract

Samples: Office Lease (Matchnet, Inc.)

Tenant’s Insurance. Tenant, shall at all times Tenant’s expense, agrees to maintain in force, with a company or companies reasonably acceptable to Landlord, during the Term of this Lease, and at its own cost and expense, procure and continue in force the following insurance coverageTerm: (ia) Commercial General Liability Insurance, written Insurance on a primary basis and without any right of contribution from any insurance carried by Landlord covering the Premises on an occurrence basisbasis against all claims for personal injury, with bodily injury, death and property damage, including contractual liability covering the indemnification provisions in this Lease. Such insurance shall be for such limits that are reasonably required by Landlord from time to time but not less than a combined single limit of Five Million and No/100 Dollars ($5,000,000.00); (b) Workers’ Compensation in statutory required amounts and Employers’ Liability Insurance for bodily injury and property damages an amount of not less than Two One Million and No/100 Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) 1,000,000.00), both in accordance with the annual aggregate, including products liability coverage if applicable, owners and contractors protective coverage, blanket contractual coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant laws of the indemnity and exemption State of Landlord from liability agreements set forth in Article 13 hereofFlorida; (iic) a policy of standard fire, extended coverage and special extended coverage “All Risks” property insurance (all risks), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal adequate to cover the full replacement value new without deduction for depreciation cost of all (A) Tenant Improvementsequipment, Alterationsinstallations, fixtures and other improvements contents of the Premises in the event of loss and any such policy shall contain a provision requiring the insurance carriers to waive their rights of subrogation against Landlord; (d) In the event a motor vehicle is to be used by Tenant in connection with its business operation from the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s Compensation Comprehensive Automobile Liability Insurance coverage as required by law; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s business equipment (including, without limitation, telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption with limits of not less than twelve Three Million and No/100 Dollars (12$3,000,000.00) months. Tenant shall carry combined single limit coverage against bodily injury liability and maintain during the entire Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts property damage liability arising out of the insurance required to be carried use by Tenant pursuant to or on behalf of Tenant, its agents and employees in connection with this Article 14 Lease, of any owned, non-owned or hired motor vehicles; and (e) such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be or coverages reasonably required by Landlord, provided such insurance or coverages are (i) customarily required by other landlords of Class A buildings in the Westshore Business District comparable to the Building and (ii) commercially available and customarily carried by companies similar to Tenant in terms of size, industry, and creditworthiness.

Appears in 1 contract

Samples: Letter Agreement (PBSJ Corp /Fl/)

Tenant’s Insurance. Tenant, shall at all times during the Term of this LeaseLease commencing on the Rent Commencement Date, and at its own cost and expense, procure and continue in force the following insurance coverage: (i) Commercial General Liability Insurance, written on an occurrence basis, with a combined single limit for bodily injury and property damages of not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregate, with a Five Million Dollar ($5,000,000) umbrella coverage policy, including products liability coverage if applicable, owners and contractors protective coverage during the construction of any improvements or Alterations only, host liquor liability coverage, blanket and limited contractual liability coverage including both oral and written contracts, and personal injury coverage, covering the insuring provisions of this Lease and the performance of Tenant of the indemnity and exemption of Landlord from liability agreements set forth in Article 13 hereofLease; (ii) a policy of standard fire, extended coverage and special extended coverage insurance (all risksspecial form), including a vandalism and malicious mischief endorsement, sprinkler leakage coverage and earthquake sprinkler leakage where sprinklers are provided in an amount equal to the full replacement value new without deduction for depreciation of all (A) Original Improvements (not including main or Building core systems that are designed to serve other portions of the Building other than the Premises), Tenant Improvements, Alterations, fixtures and other improvements in the Premises, including but not limited to all mechanical, plumbing, heating, ventilating, air conditioning, electrical, telecommunication and other equipment, systems and facilities, and (B) to the extent not already covered under the preceding clause (A), trade fixtures, furniture, equipment and other personal property installed by or at the expense of Tenant; (iii) Worker’s 's Compensation coverage as with statutory limits required by lawthe state law and Employer's Liability Insurance of $1,000,000, and scheduled to the umbrella/excess liability insurance policy; and (iv) business interruption, loss of income and extra expense insurance covering any failure or interruption of Tenant’s 's business equipment (including, without limitation, including telecommunications equipment) and covering all other perils, failures or interruptions sufficient to cover a period of interruption of not less than twelve three (123) months; and (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, and scheduled to the umbrella/excess liability insurance policy. Tenant shall carry and maintain during the entire Term (including any option periods, if applicable), at Tenant’s 's sole cost and expense, increased amounts of the insurance required to be carried by Tenant pursuant to this Article 14 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s 's operations therein, as may be reasonably required by LandlordLandlord and which are consistent with the practices of landlords of Comparable Buildings.

Appears in 1 contract

Samples: Standard Office Lease (Glu Mobile Inc)

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