Common use of Tenant’s Insurance Clause in Contracts

Tenant’s Insurance. Tenant shall maintain the following insurance (“Tenant’s Insurance”), at its sole cost and expense: (1) commercial general liability insurance applicable to the Premises and its appurtenances providing, on an occurrence basis, a per occurrence limit of no less than $1,000,000; (2) causes of loss-special form (formerly “all risk”) property insurance, including flood and earthquake, covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”) in the amount of the full replacement cost thereof; (3) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (5) workers’ compensation insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000); (6) employer’s liability insurance in an amount of at least $500,000 per occurrence; and (7) umbrella liability insurance that follows form in excess of the limits specified in (1), (4) and (6) above, of no less than $4,000,000 per occurrence and in the aggregate. Any company underwriting any of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, a Best’s rating of not less than A- and a Financial Size Category of not less than VIII. All commercial general liability, business automobile liability and umbrella liability insurance policies shall name Landlord (or any successor), Landlord’s property manager, Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as “additional insureds” and shall be primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination or lapse of insurance. Tenant shall provide Landlord with a certificate of insurance and all required endorsements evidencing Tenant’s Insurance prior to the earlier to occur of the Commencement Date or the date Tenant is provided access to the Premises for any reason, and upon renewals at least 10 days prior to the expiration of the insurance coverage. All of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s liability under this Lease.

Appears in 5 contracts

Samples: Office Lease (Rimini Street, Inc.), Office Lease (GP Investments Acquisition Corp.), Office Lease (CSR PLC)

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Tenant’s Insurance. Tenant shall maintain the following insurance (“Tenant’s Insurance”), at its sole cost own expense, shall provide and expensekeep in force with companies which are rated A/XV or better by A.M. Best Company and licensed in the Commonwealth of Massachusetts: (1a) combined single limit commercial general liability insurance applicable to insuring against liability for personal injury and property damage, including contractual liability, in the Premises and its appurtenances providing, on an occurrence basis, a amount of $1,000,000.00 per occurrence limit of no less than $1,000,000occurrence/$1,000,000.00 annual aggregate limit; (2b) causes of loss-special form (formerly all risk”) All Risk” or “Special Form” property insurance, including flood standard fire and earthquakeextended coverage insurance, in amounts necessary to provide full replacement cost coverage, for Tenant’s Property, business personal property, machinery, electronic data and any Alterations in which Tenant has an insurable property interest, including, but not limited to, vandalism and malicious mischief and sprinkler leakage coverage, and, during any period that is conducted by Tenant at the Premises, “all risk” Builder’s Risk insurance, completed value, non-reporting form at any time that Tenant has commenced construction of any leasehold improvements or any Alterations; (c) business income insurance covering all risks required to be covered by the insurance provided in clause (b) above building standard leasehold improvements and in an amount equal to 100% of the projected gross revenues from the operation of Tenant’s trade fixturesbusiness for a period of at least twelve (12) months from the date of the casualty; (d) Workers’ Compensation Insurance in statutory limits as required by applicable law; and (e) any other insurance reasonably required by Landlord. At Landlord’s request, equipmentthe amounts and kinds of insurance coverages described herein may be reasonably increased or expanded to reflect amounts and coverages then typically being carried for similar business operations in institutionally owned or financed properties. Whenever Tenant shall undertake any alterations, furniture and other personal property within additions or improvements in, to or about the Premises (“Tenant’s PropertyWork”) the aforesaid insurance protection must extend to and include injuries to persons and damage to property arising in the amount of the full replacement cost thereof; (3) business income (formerly “business interruption”) insurance written on an actual loss sustained form or connection with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile such Work, without limitation including liability insurance to cover all ownedunder any applicable structural work act, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (5) workers’ compensation such other insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is statutorily required, Tenant Landlord shall carry workers’ compensation insurance in a minimum amount of $500,000); (6) employer’s liability insurance in an amount of at least $500,000 per occurrencerequire; and (7) umbrella liability insurance that follows form in excess of the limits specified in (1), (4) and (6) above, of no less than $4,000,000 per occurrence and in the aggregate. Any company underwriting any of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, a Best’s rating of not less than A- and a Financial Size Category of not less than VIII. All commercial general liability, business automobile liability and umbrella liability insurance policies shall name Landlord (or any successor), Landlord’s property manager, Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as “additional insureds” and shall be primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s Insurance shall contain endorsements that the insurer(s) shall give or certificates evidencing such insurance must be delivered to Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination or lapse of insurance. Tenant shall provide Landlord with a certificate of insurance and all required endorsements evidencing Tenant’s Insurance prior to the earlier to occur commencement of the Commencement Date or the date Tenant is provided access to the Premises for any reason, and upon renewals at least 10 days prior to the expiration of the insurance coverage. All of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s liability under this Leasesuch Work.

Appears in 3 contracts

Samples: Lease Agreement (Alzheon, Inc.), Lease Agreement (Alzheon, Inc.), Lease Agreement (Alzheon, Inc.)

Tenant’s Insurance. Tenant shall maintain the following insurance (“13.1. Tenant’s Insurance”), at its sole cost own expense, will maintain with insurers authorized to do business in the State of New Jersey and expense: which are rated at least A XII in Best’s Key Rating Guide, or any successor thereto (1or if there is none, an organization having a national reputation), (a) commercial general liability insurance applicable (including, during any period when Tenant is making alterations or improvements to the Premises, coverage for any construction on or about the Premises) against claims for bodily injury, personal injury, death, or property damage occurring on, in, or about the Premises and its appurtenances providingthe adjoining streets, sidewalks, and passageways, or as a result of ownership of facilities located on an occurrence basisthe Premises, with a per occurrence limit of no not less than Five Million and 00/100 Dollars ($1,000,0005,000,000.00) per each occurrence (the “CGL”), such coverage to include commercial umbrella liability coverage, if necessary (If the CGL contains a general aggregate, it shall apply separately to the Premises. The CGL shall be written on ISO occurrence form CG00011093 or a substitute providing equivalent coverage and shall cover liability arising from the Premises, operations, independent contractors, products-completed operations, personal injury, advertising liability, and liability under an insured contract. The commercial umbrella liability coverage shall be consistent with the primary coverage.); (2) causes of loss-special form (formerly “all risk”) property insurance, including flood and earthquake, covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”) in the amount of the full replacement cost thereof; (3) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (5b) workers’ compensation insurance as required by for the state in which the Premises is located and in amounts as may be required by applicable statute full statutory liability of Tenant (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000); (6) including employer’s liability liability), (c) all risk property insurance in an amount of at least $500,000 per occurrence; and (7) umbrella liability insurance that follows form in excess of sufficient to cover the limits specified in (1), (4) and (6) above, of no less than $4,000,000 per occurrence and in the aggregate. Any company underwriting any full replacement cost of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, a Best’s rating of not less than A- and a Financial Size Category of not less than VIII. All commercial general liability, business automobile liability and umbrella liability insurance policies shall name Landlord (or any successor), Landlord’s property manager, Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, fixtures and other designees personal property and all Alterations owned by Tenant under the terms of Landlord as the interest of such designees shall appear, as “additional insureds” and shall be primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s Insurance shall contain endorsements that the insurer(sand (d) shall give Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination or lapse of insurance. Tenant shall provide Landlord such other insurance with a certificate of insurance and all required endorsements evidencing Tenant’s Insurance prior to the earlier to occur of the Commencement Date or the date Tenant is provided access respect to the Premises for in such amounts and against such insurable risks as may be reasonably and customarily required by any reasonlandlord of a similar building or by any mortgagee. Accordingly, and upon renewals at least 10 days prior to if, in the expiration opinion of any mortgagees or ground lessors of the Real Property, the foregoing coverages and/or limits shall become inadequate or less than that commonly maintained by prudent tenants in similar buildings in the area by tenants making similar uses, Landlord shall have the right to require Tenant to increase its insurance coverage. All of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s liability under this Leasecoverage and/or limits.

Appears in 2 contracts

Samples: Agreement of Lease (Chartwell International, Inc.), Agreement of Lease (Intercept Pharmaceuticals, Inc.)

Tenant’s Insurance. Tenant shall shall, at its own cost and expense, secure and maintain the following insurance (“Tenant’s Insurance”), at its sole cost and expensewith insurers reasonably acceptable to Landlord: (1i) commercial property insurance written on a "special causes of loss" form providing fire and extended coverage insurance, including without limitation sprinkler damage, for the full replacement value of the contents of the Premises, including without limitation Tenant's improvements, plate glass, furniture, fixtures, equipment and inventory; (ii) commercial general liability insurance applicable to the Premises and its appurtenances providing, on an occurrence basis, a per occurrence limit of no less than $1,000,000; (2) causes of loss-special form (formerly “all risk”) property insurance, including flood and earthquake, without limitation coverage for contractual liability covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”) in the amount of the full replacement cost thereof; (3) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (5) workers’ compensation insurance as required by the state 's obligations hereunder in which the Premises is located and in amounts as may limits of liability shall not be required by applicable statute less than three million dollars (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000); (63,000,000) employer’s liability insurance in an amount of at least $500,000 per occurrence, for bodily injury and property damage; and (7iii) umbrella liability such other insurance that follows form in excess coverage, limits and/or endorsements as Landlord or any mortgagee of the limits specified in (1), (4) and (6) above, of no less than $4,000,000 per occurrence and in the aggregate. Any company underwriting any of Tenant’s Insurance shall have, according Project may reasonably require from time to A.M. Best Insurance Guide, a Best’s rating of not less than A- and a Financial Size Category of not less than VIIItime. All commercial general liabilitysuch policies shall be primary and non-contributing with any coverage that Landlord may carry, business automobile liability and umbrella liability insurance policies shall name Landlord (or any successor)and/or Landlord's mortgagees and/or managing agent, Landlord’s property manager, Landlord’s Mortgagee (if any)requested) as additional insured, and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of shall provide for Landlord as the interest of such designees shall appear, as “additional insureds” and shall to receive written notice at least thirty (30) days prior to any material alteration or cancellation. Such insurance may be primary with Landlord’s carried under a blanket policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All or policies of Tenant’s Insurance shall contain endorsements provided that the insurer(s) proceeds from such policies shall give Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination not be less than would have been available if the insurance had been obtained under separate or lapse of insurancenon-blanket policies. Tenant shall provide furnish to Landlord with from time to time upon ten (10) business days request a certificate current Certificate of Insurance, evidencing the coverage and endorsements above required, failing which Landlord shall have the right, but not the obligation, to purchase the required insurance on Tenant's behalf and all required endorsements evidencing Tenant’s Insurance prior to the earlier to occur one hundred ten percent (110%) of the Commencement Date or the date amount incurred shall be due from Tenant is provided access to the Premises for any reason, and upon renewals at least 10 days prior to the expiration of the insurance coverage. All of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s liability under this Leaseas Additional Rent.

Appears in 2 contracts

Samples: Sutron Corp, Sutron Corp

Tenant’s Insurance. Commencing the date Tenant is required to provide Landlord with the certificate of insurance, as provided below, and continuing until the expiration or earlier termination of the Lease Term, Tenant shall carry and maintain at its expense the following insurance (“Tenant’s Insurance”)coverages with insurance companies reasonably acceptable to Landlord with a rating of A-, at its sole cost and expenseClass VII, or better by A.M. Best Company: (1i) commercial general liability insurance applicable to the Premises and its appurtenances providing, Commercial General Liability (CGL) Policy (written on an occurrence basis), a per occurrence limit of no with limits not less than One Million Dollars ($1,000,000; (2) causes of loss-special form (formerly “all risk”) property insurance, including flood and earthquake, covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”) in the amount of the full replacement cost thereof; (3) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of per occurrence, Two Million Dollar ($1,000,0002,000,000) annual aggregate covering liability arising from premises, operations, independent contractors, products-completed operations, and liability assumed under a contract; (5ii) workersProperty Damage Insurance on a Causes of Loss-Special Form basis covering on a replacement cost value all Above Standard improvements, fixtures, personal property 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) Workerscompensation Compensation insurance policy as required by the applicable state in which the Premises is located law, and in amounts as may be required by applicable statute Employers Liability insurance with limits of not less than One Million Dollars (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,0001,000,000.00); (6v) employer’s liability Automobile Liability insurance in an amount with single limit coverage of at least $500,000 per occurrence1,000,000 for all owned, leased/hired or non-owned vehicles; and (7vi) umbrella Excess/Umbrella liability insurance that follows form in excess of the limits specified in (1), (4) and (6) above, of no less than $4,000,000 per occurrence and in the aggregate. Any company underwriting any of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, a Best’s rating policy “following form” of not less than A- Four Million Dollars ($4,000,000), including a “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 during the actual course of construction in amounts and a Financial Size Category of not less than VIIItypes deemed necessary by Landlord, including, without limitation, construction All-Risk Builder’s risks, Owners and Contractors Protective (OCP) Liability insurance, Professional Errors and Omissions liability insurance, and insurance covering such contractor’s equipment and tools. All commercial general liability, business automobile liability and umbrella liability Each Liability insurance policies policy required to be maintained hereunder by Tenant shall name Landlord (or any successor)the following entities as Additional Insureds: Landlord, Landlord’s property managerCousins Realty Services, Landlord’s Mortgagee (if any)LLC, and their direct and indirect parent companies and subsidiaries and any of their affiliated entities, successors and assigns, as well as their respective memberscurrent or future directors, principalsofficers, beneficiariesemployees, partners, officersmembers and agents. Tenant’s insurance shall be considered primary, directors, employeesnot excess, and agents, and other designees of Landlord as the interest of such designees shall appear, as “additional insureds” and shall be primary non-contributory with Landlord’s insurance policies. Insurance deductibles or retentions should be within reasonable and customary for policy being secondary holders in similar businesses and noncontributorylocations. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination or lapse of insurance. Tenant shall provide Landlord with a An XXXXX 25 certificate of such insurance in the most recent edition available and all required endorsements evidencing Tenant’s Insurance prior reasonably satisfactory to Landlord, before the earlier to occur of the Commencement Date or ten (10) days after execution of the date Lease, reflecting the limits and endorsements required herein, and renewal certificates shall be delivered to Landlord within a few days of renewal, provided there is no lapse in coverage. Tenant is provided access shall provide and/or forward to Landlord notice of nonrenewal from its insurance carrier and further inform Landlord of any significant policy changes allowing enough time for Landlord and/or Tenant to secure contingent or alternative coverage. Landlord agrees to cooperate with Tenant to the Premises 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 pay all premiums and charges for all of said policies, and, if Tenant shall fail to make any reasonsuch payment when due or carry any such policy, Landlord may, following five (5) days written notice from Landlord, but shall not be obligated to, make such payment or carry such policy, and upon renewals the amount paid by Landlord, with interest thereon at least 10 the Default Rate, shall be repaid to Landlord by Tenant within ten (10) days prior 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 expiration carrying by Landlord of the insurance coverage. All of Tenant’s Insurance policiesany such policy, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s liability be deemed to waive or release Tenant from any remedy available to Landlord under this Lease.

Appears in 2 contracts

Samples: Commercial Lease (Ziprecruiter, Inc.), Commercial Lease (Ziprecruiter, Inc.)

Tenant’s Insurance. Tenant shall maintain the following insurance (“shall, at Tenant’s Insurance”), at its sole cost and expense: (1) commercial general liability , be fully responsible for obtaining and maintaining insurance applicable to for the Premises protection and safe keeping of its appurtenances providinginventory of merchandise and all of its equipment, on an occurrence basisfurniture, a per occurrence limit of no less than $1,000,000; (2) causes of loss-special form (formerly “all risk”) property insurance, including flood and earthquake, covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture and other personal property within on the Premises insured to its full replacement value against all of the risks described in this Section above. Owner shall not be obligated in any manner to provide insurance of any character for the benefit of Tenant and shall not be liable to Tenant for any loss, theft, damage, disappearance or injury to any of the merchandise, equipment, furniture, fixtures, and/or any other personal property of Tenant, or in the possession or custody of Tenant, regardless of the cause of such damage, injury, disappearance or loss. Tenant shall procure, pay for and maintain comprehensive general public liability insurance and property damage insurance providing coverage from any loss or damage occasioned by an accident or casualty, arising from use of the Premises by Tenant, its employees, agents, guests and invitees in amounts not less than One Million Dollars ($1,000,000) per occurrence with an aggregate of Two Million Dollars ($2,000,000) coverage for bodily injury, death and property damage with overlying excess liability coverage of Ten Million Dollars ($10,000,000) or such other limits as Owner may, from time to time designate by notice to Tenant. Tenant’s Property”liability coverage shall also include worker’s insurance with primary coverage of One Million Dollars ($1,000,000) all of which coverage shall be referred to as the Liability Policies. Notwithstanding the foregoing, with respect to Tenant’s worker’s insurance, said coverage shall be the greater of (i) One Million Dollars ($1,000,000) and (ii) the minimum amount required by law in the amount Texas. It is further agreed that a certificate of the full replacement cost thereof; (3) business income (formerly “business interruption”) Liability Policies shall be delivered to Owner by Tenant upon request of Owner. All insurance provided for in this Article to be obtained by Tenant shall be effected under valid and enforceable policies in form satisfactory to Owner, issued by insurers of recognized responsibility and each such policy shall name Owner as an additional insured. All such insurance policies shall be written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business “occurrence” basis and shall state that such insurance obtained by Tenant is primary over any insurance carried by Owner, and each worker’s compensation, employer’s liability, automobile liability policy and all other liability policies shall include a wavier of subrogation in favor of Owner. Certificates of such insurance naming Owner as an additional insured shall be delivered to cover all ownedOwner and shall provide that said coverage shall not be changed, hired and nonowned automobiles owned modified, reduced or operated by Tenant providing a minimum combined single limit canceled except upon thirty (30) days prior written notice to Owner, with the exception of $1,000,000; (5) workers’ compensation insurance as required by the state cancellation for non-payment, in which the Premises is located and in amounts as may be required by applicable statute case, upon ten (provided, however, if no workers’ compensation insurance is statutorily required, 10) days. If Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000); (6) employer’s liability insurance in an amount of at least $500,000 per occurrence; and (7) umbrella liability insurance that follows form in excess fail to comply with any of the limits specified in (1)foregoing requirements relating to insurance, (4) Owner may, at its option, obtain such insurance and (6) above, of no less than $4,000,000 per occurrence and in Tenant shall pay to Owner upon demand as additional rent the aggregate. Any company underwriting any of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, a Best’s rating of not less than A- and a Financial Size Category of not less than VIII. All commercial general liability, business automobile liability and umbrella liability insurance policies shall name Landlord (or any successor), Landlord’s property manager, Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as “additional insureds” and shall be primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% costs of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination or lapse of insurance. Tenant shall provide Landlord with a certificate of insurance and all required endorsements evidencing Tenant’s Insurance prior to the earlier to occur of the Commencement Date or the date Tenant is provided access to the Premises for any reason, and upon renewals at least 10 days prior to the expiration of the insurance coverage. All of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s liability under this Leasepremiums therefor.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Derma Sciences, Inc.), Asset Purchase Agreement (Derma Sciences, Inc.)

Tenant’s Insurance. Tenant shall maintain the following insurance (“Tenant’s Insurance”), at its expense, shall maintain during the Lease Term the following insurance, at Tenant’s sole cost and expense: (1) commercial general liability insurance (and, if necessary, commercial excess liability insurance) applicable to the Premises and its appurtenances providing, on an occurrence basis, a per occurrence limit of no less than $1,000,000; (2) causes of loss-special form (formerly “all risk”) property insurance, including flood and earthquake, covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”) in the amount of the full replacement cost thereof; (3) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of not less than $1,000,0002,000,000 per occurrence with an annual aggregate of not less than $2,000,000; and if Tenant stores property of others for a fee, Tenant shall maintain warehouse operator’s legal liability insurance for the full value of the property of such customers as determined by the warehouse contract between Tenant and its customer; (52) all risk or special form property insurance covering the full replacement cost of all property, Tenant-Made Alterations, Trade Fixtures, and improvements installed or placed in the Premises by Tenant with a deductible not to exceed $1,000 per occurrence (unless otherwise agreed in writing by Landlord); (3) business interruption insurance with a limit of liability representing loss of at least approximately 6 months of income; (4) workers’ compensation insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000)statute; (65) employer’s employers liability insurance in an amount of at least $500,000 per occurrence1,000,000; and (7) umbrella liability insurance that follows form in excess of the limits specified in (1), (4) and (6) abovebusiness automobile liability insurance (and, if necessary, commercial excess liability insurance) having a combined single limit of no not less than $4,000,000 2,000,000 per occurrence and in accident insuring Tenant against liability arising out of the aggregateownership maintenance or use of any owned, hired or nonowned automobiles. Such policies shall be for a term of at least one year, or the length of the remaining term of this Lease, whichever is less. Any company underwriting writing any of Tenant’s Insurance insurance shall have, according to have an A.M. Best Insurance Guide, a Best’s rating of not less than A- A-VII and a Financial Size Category of not less than VIIIthe general liability policy shall be endorsed to provide primary and noncontributory coverage to Landlord (any policy issued to Landlord providing duplicate or similar coverage shall be deemed excess over Tenant's policies). All commercial general liabilityliability and, business automobile liability and umbrella if applicable, warehouse operator’s legal liability insurance policies shall name Landlord (or any successor)Tenant as a named insured and Landlord, Landlord’s its property manager, Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as additional insureds. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include (a) a waiver of subrogation endorsement and shall be primary with Landlord’s policy being secondary and noncontributory(b) coverage for liability assumed under this Lease as an "insured contract" for the performance of Tenant's indemnity obligations under this Lease. If any the general liability insurance contains a general aggregate limit, it shall apply separately to this Premises. The limits and types of insurance maintained by Tenant shall not limit is reduced because of losses paid to below 75% of the limit required by Tenant’s liability under this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination or lapse of insurance. Tenant shall provide Landlord with a certificate certificates of such insurance and (including copies of all required endorsements evidencing Tenant’s Insurance endorsements) as required under this Lease prior to the earlier to occur of the Commencement Date or the date Tenant is provided access to with possession of the Premises for any reasonPremises, and thereafter upon renewals at least 10 days prior to the expiration of the insurance coverage. All Acceptance by Landlord of delivery of any certificates of insurance does not constitute approval or agreement by Landlord that the insurance requirements of this section have been met, and failure of Landlord to identify a deficiency from evidence provided will not be construed as a waiver of Tenant’s Insurance policiesobligation to maintain such insurance. In the event any of the insurance policies required to be carried by Tenant under this Lease shall be cancelled prior to the expiration date of such policy, endorsements or if Tenant receives notice of any cancellation of such insurance policies from the insurer prior to the expiration date of such policy, Tenant shall: (a) immediately deliver notice to Landlord that such insurance has been, or is to be, cancelled, (b) shall promptly replace such insurance policy in order to assure no lapse of coverage shall occur, and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable (c) shall deliver to LandlordLandlord a certificate of insurance (including copies of all required endorsements) for such replacement policy. The limits of insurance required to be maintained by Tenant hereunder are only Landlord’s minimum insurance requirements and Tenant agrees and understands that such insurance requirements may not be sufficient to fully meet Tenant’s insurance shall not limit Tenant’s liability under this Leaseneeds.

Appears in 2 contracts

Samples: Lease Agreement (iPower Inc.), Lease Agreement (iPower Inc.)

Tenant’s Insurance. Throughout the Term, Tenant shall maintain the following insurance (“Tenant’s Insurance”), at its sole cost and expenseexpense shall keep or cause to be kept for the mutual benefit of Landlord, and Landlord’s Property Manager, if any, and Tenant the following insurance: (1i) commercial general liability insurance applicable to naming Landlord and Landlord’s Property Manager as additional insureds against any and all claims for bodily injury and property damage occurring on, in or about the Premises and its appurtenances providingon, on an occurrence basisin or about the adjoining driveways and passageways, a arising out of and connection with the use of Premises by Tenant, Tenant’s agents, contractors, employees, guests, customers, or invitees, and anyone else for whom Tenant is legally responsible, with combined single limit coverage of at least $2,000,000.00 per occurrence and $5,000,000.00 aggregate limit (and if Tenant has other locations that it owns or leases, the policy shall include an aggregate limit per location endorsement), and which shall insure Tenant’s performance of the indemnity provisions contained herein, and in no less than $1,000,000event shall the limits of such insurance be considered as limiting the liability of Tenant under this Lease; (2ii) personal property insurance insuring all equipment, trade fixtures, inventory, fixtures and personal property owned by Tenant and located on or in the Premises for perils covered by the causes of loss-special form (formerly “all risk”) property insurance), including flood and earthquake, covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”) such insurance to be written on a replacement cost basis in the an amount equal to full replacement value of the full replacement cost thereofaggregate of the foregoing property; (3) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (5iii) workers’ compensation insurance in accordance with statutory law and employers’ liability insurance with a limit of not less than $100,000.00 per employee and $500,000.00 per occurrence; and (iv) such other insurance as may be required by applicable law. The policies required to be maintained by Tenant shall be with companies rated A- or better according to reasonable standards established by Landlord from time to time and as described in the most current issue of Best’s Insurance Reports (or if Best’s ratings are changed or discontinued, the parties shall agree to a comparable method of rating insurance companies) and which are licensed to do business in the state in which the Premises are located. Any deductible amounts under any insurance policies required under this Section 17.01 shall not exceed $15,000.00. Not more frequently than once each year, Landlord may require the limits of such policies to be increased if in its reasonable judgment (or that of its mortgagee or lender), the coverage is located and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is statutorily required, insufficient. Tenant shall carry workers’ compensation insurance in a minimum amount neither have nor make any claim against Landlord for any loss or damage to any personal property of $500,000); (6) employer’s liability insurance in an amount of at least $500,000 per occurrence; and (7) umbrella liability insurance that follows form in excess Tenant or its agents, employees, guests, customers, contractors, or invitees, regardless of the limits specified in (1), (4) and (6) above, of no less than $4,000,000 per occurrence and in cause thereof. The proceeds from any such policies covering personal property shall be used by Tenant for the aggregate. Any company underwriting any replacement of Tenant’s Insurance personal property. Tenant shall havehave the right to provide insurance coverage which it is obligated to carry pursuant to the terms hereof in a blanket or umbrella policy, according provided such blanket or umbrella policy expressly affords coverage to A.M. Best Insurance Guide, a Best’s rating of not less than A- the Premises and a Financial Size Category of not less than VIII. All commercial general liability, business automobile liability to Landlord and umbrella liability insurance policies shall name Landlord (or any successor), Landlord’s property manager, Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord Property Manager as the interest of such designees shall appear, as “additional insureds” and shall be primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination or lapse of insurance. Tenant shall provide Landlord with a certificate of insurance and all required endorsements evidencing Tenant’s Insurance prior to the earlier to occur of the Commencement Date or the date Tenant is provided access to the Premises for any reason, and upon renewals at least 10 days prior to the expiration of the insurance coverage. All of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s liability under this Lease.

Appears in 2 contracts

Samples: Office Lease (Ncino, Inc.), Office Lease (Ncino, Inc.)

Tenant’s Insurance. Tenant shall maintain the following acknowledges that Landlord will not carry insurance (“on Tenant’s Insurance”)personal property, contents, furniture and/or furnishings or any fixtures or equipment, improvements, or appurtenances removable by Tenant and agrees that Landlord will not be obligated to repair any damage thereto or replace the same, for any reason whatsoever. Tenant shall, throughout the term of this Lease, maintain at its sole own cost and expense: , (1a) commercial insurance against loss or damage by fire and such other risks and hazards as are insurable under present and future standard forms of fire and extended coverage insurance policies (including, without limitation, protection against vandalism, malicious mischief and sprinkler, equipment, boiler and machinery insurance against leakage or explosion), to the personal property, furniture, furnishings and fixtures belonging to Tenant located in the Premises, in an amount adequate to cover actual replacement cost, which insurance policies may include a provision for the deduction from any recovery thereof of a sum in such amount as is then standard in insurance policies insuring property similar to Tenant’s property, (b) comprehensive general liability insurance applicable to the Premises and its appurtenances providing, on an occurrence basis, a per occurrence limit of no less than $1,000,000; (2) causes of loss-special form (formerly “all risk”) property insurance, including flood and earthquake, covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”) in the amount of the full replacement cost thereof; amounts set forth in Section 19.5, (3c) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, hired worker’s compensation and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (5) workers’ compensation insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000); (6) employer’s liability insurance in an amount of at least $500,000 per occurrence; the amounts set forth in Section 19.5, and (7d) umbrella liability insurance that follows form in excess the amounts set forth in Section 19.5; All insurance required to be maintained by Tenant under this Lease shall be approved by Landlord and shall be provided by insurance companies with an A.M. Best Rating of “AX” or better and who are licensed by the State of New York. Prior to Tenant’s taking occupancy of, or undertaking work in, any portion of the limits specified in (1)Premises, (4) and (6) above, of no less than $4,000,000 per occurrence and in the aggregate. Any company underwriting any of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, a Best’s rating of thereafter not less than A- and a Financial Size Category of not less than VIII. All commercial general liability, business automobile liability and umbrella liability insurance policies shall name Landlord thirty (or any successor), Landlord’s property manager, Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as “additional insureds” and shall be primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s Insurance shall contain endorsements that the insurer(s30) shall give Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination or lapse of insurance. Tenant shall provide Landlord with a certificate of insurance and all required endorsements evidencing Tenant’s Insurance prior to the earlier to occur of the Commencement Date or the date Tenant is provided access to the Premises for any reason, and upon renewals at least 10 days prior to the expiration of the insurance coverage. All of Tenant’s Insurance any policy or policies, endorsements and certificates will evidence of the issuance, or renewal, of such policy or policies, or a new certificate for the initial or renewal period, as the case may be, shall be on forms and with deductibles and self-insured retention, if any, reasonably acceptable delivered to Landlord. The limits of Such evidence or certificate shall clearly state that the insurance coverage applies in New York. Tenant’s General Liability insurance (including all umbrella/excess liability) shall designate Landlord as additional insureds on a primary basis and shall provide contain an agreement on the part of the insurance company (A) not to cancel such policy or coverage, or change the terms of such coverage, without thirty (30) days prior written notice to Landlord and (B) that no act or omission of any named insureds will invalidate the policy as to the other named insureds. Except with respect to those obligations that Tenant and Landlord is responsible to indemnify the other pursuant to Section 16.2 and 16.3, respectively, each party agrees to look solely to its insurance company for payment for any loss or damage to its property, and not to make any claim against, or seek to recover from, the other party, its officers, directors, members, servants, agents or employees for such loss or damage, whether or not the loss or damage was due to the acts or omissions of the other party or its officers, directors, members, servants, agents or employees. Upon the occurrence of any casualty insured against, each shall have full authority to, and shall, take all necessary measures to negotiate, compromise or adjust any loss under such party’s policy. Each party hereby waives any and all right of recovery, which it might otherwise have against the other party, its employees and servants and agents for loss or damage to the Premises or Tenant’s furniture, furnishings, fixtures and personal property. Each party, at its cost and expense, will cause its insurance carrier to include, in each policy of insurance that said party is, by the terms and provisions of this Lease, required to obtain or which is obtained by said party, an endorsement (i) waiving the right of subrogation against the other party and its agents, officers, directors, members, servants and mortgagees with respect to losses payable under such policies or (ii) agreeing that such policies shall not limit Tenant’s liability under this Leasebe invalidated should the insured waive in writing prior to a loss any or all right of recovery against any party for losses covered by such policies.

Appears in 2 contracts

Samples: Lease Agreement (ProPhase Labs, Inc.), Lease Agreement (ProPhase Labs, Inc.)

Tenant’s Insurance. Effective as of the earlier of: (1) the date Tenant enters or occupies the Premises; or (2) the Commencement Date, and continuing throughout the Term, Tenant shall maintain the following insurance (“Tenant’s Insurance”), at its sole cost and expensepolicies: (1A) commercial general liability insurance applicable in amounts of $3,000,000 per occurrence, which shall apply on a per location basis, or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, 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 its appurtenances providing(without implying any consent by Landlord to the installation thereof) the installation, on operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment with an occurrence basisadditional insured endorsement in form CG 20 26 11 85; (B) Automobile Liability covering any owned, a per occurrence limit non-owned, leased, rented or borrowed vehicles of Tenant with limits no less than $1,000,0003,000,000 combined single limit for property damage and bodily injury; (2C) causes All Risk Property insurance covering the full value of loss-special form (formerly “all risk”) property insurance, including flood Alterations and earthquake, covering all above building standard leasehold improvements and Tenantbetterments 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, equipment, furniture fixtures and other personal property within the Premises (“Tenant’s Property”including property of Tenant or others) in the amount Premises or otherwise placed in the Project by or on behalf of the full replacement cost thereofa 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; (3E) business income contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (formerly “business interruption”) but only if such contractual liability insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption lossesis not already included in Tenant’s commercial general liability insurance policy); (4F) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (5) workers’ worker’s compensation insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is not less than statutorily required, Tenant shall carry workersand Employerscompensation Liability insurance in a minimum amount with limits of not less than Five Million Dollars ($500,0003,000,000); (6G) employer’s liability business interruption insurance in an amount that will reimburse Tenant for direct or indirect loss of at least $500,000 per occurrenceearnings attributable to all perils insured against under Section 11(a)(2)(C) or attributable to the prevention of access to the Building or Premises; (H) in the event Tenant performs any alterations or repairs in, on, or to the Premises, Builder’s Risk Insurance on an All Risk basis (including collapse) on a completed value (non-reporting) form, or by endorsement including such coverage pursuant to Section 11(a)(2)(C) hereinabove, for full replacement value covering all work incorporated in the Building and all materials and equipment in or about the Premises; and (7I) umbrella liability such other insurance that follows form in excess or any changes or endorsements to the insurance required herein, including increased limits of the limits specified in (1)coverage, (4) as Landlord, or any mortgagee or lessor of Landlord, may reasonably require from time to time. Tenant’s insurance shall provide primary coverage to Landlord and (6) aboveshall not require contribution by any insurance maintained by Landlord, of no less than $4,000,000 per occurrence when any policy issued to Landlord provides duplicate or similar coverage, and in the aggregate. Any company underwriting any of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, a Best’s rating of not less than A- and a Financial Size Category of not less than VIII. All commercial general liability, business automobile liability and umbrella liability insurance policies shall name Landlord (or any successor), Landlord’s property manager, Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as “additional insureds” and shall be primary with circumstance Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of be excess over Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination or lapse of insurancepolicy. Tenant shall provide furnish to Landlord certificates of such insurance, with a certificate an additional insured endorsement in form CG 20 26 11 85, and such other evidence satisfactory to Landlord of the maintenance of all insurance and all coverages required endorsements evidencing Tenant’s Insurance hereunder at least ten (10) days prior to the earlier to occur of the Commencement Date or the date Tenant is provided access to enters or occupies the Premises for any reasonPremises, and upon renewals at least 10 fifteen (15) days prior to each renewal of said insurance, and Tenant shall obtain a written obligation on the expiration part of the each insurance coveragecompany 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 issued by companies with a Best’s rating of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if anyA:VII or better, reasonably acceptable satisfactory to Landlord. The 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 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 cost. It is expressly understood and agreed that the foregoing minimum limits of Tenant’s insurance coverage shall not limit Tenant’s the liability under of Tenant for its acts or omissions as provided in this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Cancer Genetics, Inc)

Tenant’s Insurance. Tenant shall maintain the following insurance (“Tenant’s Insurance”), at its sole cost and expense: (1) commercial general liability insurance applicable to the Premises and its appurtenances providing, on an occurrence basis, a per occurrence limit of no less than $1,000,000; (2) causes of loss-special form (formerly “all risk”) property insurance, including flood and earthquake, covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”) in the amount of the full replacement cost thereof; (3) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (5) workers’ compensation insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000); (6) employer’s liability insurance in an amount of at least $500,000 per occurrence; and (7) umbrella liability insurance that follows form in excess of the limits specified in (1), (4) and (6) above, of no less than $4,000,000 3,000,000 per occurrence and in the aggregate. Any company underwriting any of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, a Best’s rating of not less than A- and a Financial Size Category of not less than VIII. All insurance coverage required to be carried by Tenant may be effected by a policy or policies of blanket insurance. All commercial general liability, business automobile liability and umbrella liability insurance policies shall name Landlord (or any successor), Landlord’s property manager, Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as “additional insureds” and shall be primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 days’ advance written notice of any changechange to the scope of insurance coverage required hereunder, or cancellation, termination or lapse of insurance. Tenant shall provide Landlord with a certificate of insurance and all required endorsements evidencing Tenant’s Insurance prior to the earlier to occur of the Commencement Date or the date Tenant is provided access to the Premises for any reason, and upon renewals at least 10 days prior to the expiration of the insurance coverage. All of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s liability under this Lease.

Appears in 1 contract

Samples: Office Lease (GameFly Inc.)

Tenant’s Insurance. Effective as of the earlier of: (1) the date Tenant enters or occupies the Premises; or (2) the Commencement Date, and continuing throughout the Term, Tenant shall maintain the following insurance (“Tenant’s Insurance”), at its sole cost and expensepolicies: (1A) commercial general liability insurance applicable in amounts of $3,000,000 per occurrence, which shall apply on a per location basis, or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, 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 its appurtenances providing(without implying any consent by Landlord to the installation thereof) the installation, on operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment with an occurrence basisadditional insured endorsement in form CG 20206 1185 if Tenant has any company owned vehicles; (B) automobile liability covering any owned, a per occurrence limit non-owned, leased, rented or borrowed vehicles of Tenant with limits no less than $1,000,0005,000,000 combined single limit for property damage and bodily injury; (2C) causes all risk property insurance covering the full value of loss-special form (formerly “all risk”) property insurance, including flood Alterations and earthquake, covering all above building standard leasehold improvements and Tenantbetterments 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, equipment, furniture fixtures and other personal property within the Premises (“Tenant’s Property”including property of Tenant or others) in the amount Premises or otherwise placed in the Project by or on behalf of the full replacement cost thereofa 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; (3E) business income contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (formerly “business interruption”) but only if such contractual liability insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption lossesis not already included in Tenant’s commercial general liability insurance policy); (4F) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (5) workers’ worker’s compensation insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is not less than statutorily required, Tenant shall carry workersand employerscompensation liability insurance in a minimum amount with limits of not less than Two Million Dollars ($500,0002,000,000); (6G) employer’s liability business interruption insurance in an amount that will reimburse Tenant for direct or indirect loss of at least $500,000 per occurrenceearnings attributable to all perils insured against under Section 11(a)(2)(C) or attributable to the prevention of access to the Building or Premises; (H) in the event Tenant performs any alterations or repairs in, on, or to the Premises, builder’s risk Insurance on an all risk basis (including collapse) on a completed value (non-reporting) form, or by endorsement including such coverage pursuant to Section 11(a)(2)(C) hereinabove, for full replacement value covering all work incorporated in the Building and all materials and equipment in or about the Premises; and (7I) umbrella liability such other insurance that follows form in excess of the limits specified in (1), (4) and (6) above, of no less than $4,000,000 per occurrence and in the aggregate. Any company underwriting any of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, a Best’s rating of not less than A- and a Financial Size Category of not less than VIII. All commercial general liability, business automobile liability and umbrella liability insurance policies shall name Landlord (or any successor)changes or endorsements to the insurance required herein, Landlord’s property manager, Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees including increased limits of Landlord as the interest of such designees shall appearcoverage, as “additional insureds” and shall be primary with Landlord’s policy being secondary and noncontributory. If , or any aggregate limit is reduced because mortgagee or lessor of losses paid Landlord, may reasonably require from time to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination or lapse of insurancetime. Tenant shall provide furnish to Landlord certificates of such insurance, with a certificate an additional insured endorsement in form CG 20206 1185, and such other evidence satisfactory to Landlord of the maintenance of all insurance and all coverages required endorsements evidencing Tenant’s Insurance hereunder at least ten (10) days prior to the earlier to occur of the Commencement Date or the date Tenant is provided access to enters or occupies the Premises for any reasonPremises, and upon renewals at least 10 fifteen (15) days prior to each renewal of said insurance, and Tenant shall obtain a written obligation on the expiration part of the each insurance coveragecompany 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 issued by companies with a Best’s rating of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if anyA:VII or better, reasonably acceptable satisfactory to Landlord. The 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 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 cost. It is expressly understood and agreed that the foregoing minimum limits of Tenant’s insurance coverage shall not limit Tenantthe liability of Tenant for its acts or omissions as provided in this Lease. Notwithstanding the foregoing, so long as Tenant occupies the Premises and is conducting its business there from, Landlord hereby agrees that Tenant may provide the following insurance coverage: (i) commercial general liability insurance of $1,000,000 on an occurrence basis including (a) $300,000 damage to rented premises, (b) $10,000 medical expenses, (c) $1,000,000 personal injury, (d) $1,000,000 general aggregate and (d) $1,000,000 products; (ii) automobile liability insurance covering all hired and non-owned vehicles in the amount of $1,000,000; (iii) employer’s liability under this Leaseinsurance coverage of (a) $500,000 each accident, (b) $500,000 disease-each employee and (c) $500,000 disease-policy limit; and (d) excess/umbrella liability insurance in the amount of $10,000,000 per occurrence having a deductible of $10,000.

Appears in 1 contract

Samples: Office Lease Agreement (Optio Software Inc)

Tenant’s Insurance. Tenant shall maintain the following insurance ("Tenant’s 's Insurance"), at its sole cost and expense: (1) commercial general liability insurance applicable to the Premises and its appurtenances providing, on an occurrence basis, a per occurrence limit of no less than $1,000,000; (2) causes of loss-special form (formerly "all risk") property insurance, including flood and earthquake, covering all above building standard leasehold improvements and Tenant’s 's trade fixtures, equipment, furniture and other personal property within the Premises ("Tenant’s 's Property" in ) in the amount of the full replacement cost thereof; (3) business income (formerly "business interruption") insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,0001 .000,000; (5) workers' compensation insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (provided, however, if no workers' compensation insurance is statutorily required, Tenant shall carry workers' compensation insurance in a minimum amount of $500,000); (6) employer’s 's liability insurance in an amount of at least $500,000 per occurrence; and (7) umbrella liability insurance that follows form in excess of the limits specified in (1), (4) and (6) above, of no less than $4,000,000 per occurrence and in the aggregate. Any company underwriting any of Tenant’s 's Insurance shall have, according to A.M. A.M Best Insurance Guide, a Best’s 's rating of not less than A- and a Financial Size Category of not less than VIII. All commercial general liability, business automobile liability and umbrella liability insurance policies shall name Landlord landlord (or any successor), Landlord’s 's property manager, Landlord’s 's Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as "additional insureds" and shall be primary with Landlord’s 's policy being secondary and noncontributory. If any aggregate limit Limit is reduced because of losses paid to below 75% of the limit required by this Leaselease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s Tenants Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 days' advance written notice of any change, cancellation, termination or lapse of insurance. Tenant shall provide Landlord with a certificate of insurance and all required endorsements evidencing Tenant’s 's Insurance prior to the earlier to occur of the Commencement Date or the date Tenant is provided access to the Premises for any reason, and upon renewals at least 10 days prior to the expiration of the insurance coverage. All of Tenant’s 's Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s 's insurance shall not limit Tenant’s 's liability under this Lease.

Appears in 1 contract

Samples: Office Lease (Hallmark Financial Services Inc)

Tenant’s Insurance. Tenant shall Section 9(B) of the Lease is deleted and the following substituted therefor: Tenant, at Tenant's expense, agrees to maintain in force, with a company or companies acceptable to Landlord, during the term of the Lease the following insurance (“Tenant’s Insurance”), at its sole cost and expensecoverages: (1a) commercial general liability insurance applicable to written on the Premises and its appurtenances providing, on an most current form of ISO CG 00 01 (occurrence basis) or its equivalent, have a per minimum each occurrence limit of no $1,000,000, a minimum general aggregate limit of $3,000,000, and not exclude this Lease from the definition of "Insured Contract" under the contractual liability provisions [provided, if Tenant has more than one location, such policy shall have a "designated location(s)" general aggregate limit endorsement applying the general aggregate limit to each of Tenant's locations]; (b) worker's compensation insurance complying with statutory requirements of the State of Texas and employers liability insurance in amounts not less than $1,000,000500,000 bodily injury per accident/$500,000 disease each employee/$500,000 disease policy limit; (2c) causes of loss-special form (formerly "all risk”risks") commercial property insuranceinsurance in an amount adequate to cover the replacement cost of all alterations and all the furniture, including flood and earthquake, covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture equipment and other business personal property within in the Premises (“Tenant’s Property”) provided, such policy shall have a business income and extra expense endorsement in the an amount sufficient to cover 6 months of the full replacement cost thereofincome and ongoing expenses); (3) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4d) business automobile liability insurance to cover all written on an occurrence basis, including coverage for owned, nonowned, and hired and nonowned automobiles owned or operated by Tenant providing autos, having a minimum combined single limit of $1,000,000; (5) workers’ compensation insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000); (6) employer’s liability insurance in an amount of at least $500,000 1,000,000 per occurrenceaccident; and (7e) umbrella liability such additional insurance that follows form coverages or other policy limits as Landlord reasonably requires. Each policy referred to in excess of this Section 9(B) shall satisfy the limits specified in following requirements: (1), (4i) and (6) above, of no less than $4,000,000 per occurrence and in the aggregate. Any company underwriting any of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, be issued by carriers having a Best’s rating 's Rating of not less than A- or better, and a Best's Financial Size Category of Class IX, or better, and admitted to engage in the business in the State of Texas; (ii) be endorsed to be primary, with the policies of all Landlord Parties being excess, secondary and noncontributing; (iii) be endorsed to provide a waiver of subrogation in favor of the Landlord Parties; (iv) with respect to all liability policies except worker's compensation/employer's liability, be endorsed to include the Landlord Parties as "additional insureds" on a form which does not exclude the contributory negligence of the Landlord Parties; and (v) contain a provision for 30 days' prior written notice by insurance carrier to Landlord of cancellation, nonrenewal, or substantial modification. Tenant shall deliver to Landlord certificates of insurance and, at Landlord's request, copies of all policies and renewals thereof to be maintained by Tenant hereunder, not less than VIII. All commercial general liability, business automobile liability and umbrella liability insurance policies shall name Landlord ten (or any successor), Landlord’s property manager, Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as “additional insureds” and shall be primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 10) days of the date of reduction. All policies of Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination or lapse of insurance. Tenant shall provide Landlord with a certificate of insurance and all required endorsements evidencing Tenant’s Insurance prior to the earlier to occur of the Commencement Date or the date Tenant is provided access to the Premises for any reason, and upon renewals at least 10 not less than ten (10) days prior to the expiration date of the insurance coverageeach policy. All of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s liability under this Lease.SIXTEENTH AMENDMENT TO LEASE AGREEMENT

Appears in 1 contract

Samples: Lease Agreement (Active Power Inc)

Tenant’s Insurance. A. Tenant shall maintain procure and maintain, or cause to be maintained, at all times during the Term, at Tenant’s sole cost and expense, and until each and every obligation of Tenant contained in this Lease has been fully performed, 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 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 $1,000,000.00 combined single limit and such other coverages as required by the laws of the 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 and shall deliver to Landlord at least ten (110) commercial general 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 applicable insurance, in an amount commensurate with the work to the Premises and its appurtenances providing, on an occurrence basis, a per occurrence limit of no be performed but not less than $1,000,000; (2) causes of loss-special form (formerly “all risk”) property insurance, including flood and earthquake, covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”) in the amount of the full replacement cost thereof; (3) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (5) workers’ compensation insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000); (6) employer’s liability insurance in an amount of at least $500,000 per occurrence; and (7) umbrella liability insurance that follows form in excess of the limits specified in (1), (4) and (6) above, of no less than $4,000,000 2,000,000.00 per occurrence and in the aggregate. Any company underwriting , 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 and shall include a waiver of subrogation in favor of such parties, (c) builders risk insurance, to 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 insurance, in such amounts, as Landlord deems reasonably necessary to protect Landlord’s interest in the Premises from any act or omission of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, a Best’s rating of not less than A- and a Financial Size Category of not less than VIII. All commercial general liability, business automobile liability and umbrella liability insurance policies shall name Landlord (contractors or any successor), Landlord’s property manager, Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as “additional insureds” and shall be primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination or lapse of insurance. Tenant shall provide Landlord with a certificate of insurance and all required endorsements evidencing Tenant’s Insurance prior to the earlier to occur of the Commencement Date or the date Tenant is provided access to the Premises for any reason, and upon renewals at least 10 days prior to the expiration of the insurance coverage. All of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s liability under this Leasesubcontractors.

Appears in 1 contract

Samples: Lease (RMG Acquisition Corp.)

Tenant’s Insurance. Tenant shall hereby agrees to maintain in full force and effect at all times during the following insurance (“Tenant’s Insurance”)Term and any other period of its occupancy or possession of the Premises, at its sole cost own expense, for the protection of Tenant and expenseLandlord, as their interests may appear, policies of insurance which afford the following coverages: (1) commercial general liability insurance applicable Worker's Compensation and Employer's Liability Insurance to the Premises and its appurtenances providingextent required by then applicable law, on an occurrence basis, a per occurrence limit of no less than $1,000,000; (2) causes Commercial General Liability Insurance with a Broad Form Liability Endorsement (including protective liability coverage on operations of loss-special form independent contractors engaged in construction, coverage of Tenant's indemnity obligations under this Lease and blanket contractual liability insurance) on an "occurrence', basis against claims for "personal injury" liability, including, without limitation, bodily injury, death and property damage liability, with a limit of not less than Three Million Dollars (formerly “all risk”) property insurance, including flood and earthquake, covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”$3,000,000) in the amount event of the full replacement cost thereof; "personal injury" to any number of persons or of damages to property arising out of any single "occurrence," (3) business income 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, furniture, furnishings and fixtures belonging to Tenant used or located in the Premises for not less than one hundred percent (formerly “business interruption”100%) insurance written on an of the actual loss sustained form replacement value thereof (the proceeds of which insurance, so long as this Lease remains in effect, shall be used to repair or with sufficient limits replace such personal property, furnishings and fixtures in the Premises; provided, however, that upon any termination of this Lease pursuant to address reasonably anticipated business interruption losses; Paragraph 13 above, all such proceeds shall be the property of Landlord), and (4) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned interruption or operated by Tenant providing a minimum combined single limit loss of $1,000,000; (5) workers’ compensation insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000); (6) employer’s liability income insurance in an amount equal to the Basic Annual Rent for a period of at least $500,000 per occurrence; and nine (79) umbrella liability insurance that follows form in excess of the limits specified in (1), (4) and (6) above, of no less than $4,000,000 per occurrence and in the aggregate. Any company underwriting any of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, a Best’s rating of not less than A- and a Financial Size Category of not less than VIII. All commercial general liability, business automobile liability and umbrella liability insurance policies shall name Landlord (or any successor), Landlord’s property manager, Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as “additional insureds” and shall be primary months commencing with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies loss (the proceeds of Tenant’s Insurance which insurance shall contain endorsements that be paid to Landlord to the insurer(s) shall give Landlord and its designees at least 30 days’ advance written notice extent of any change, cancellation, termination or lapse abatement of insurance. Tenant shall provide Landlord with a certificate of insurance and all required endorsements evidencing Tenant’s Insurance prior to rent under the earlier to occur of the Commencement Date or the date Tenant is provided access to the Premises for any reason, and upon renewals at least 10 days prior to the expiration of the insurance coverage. All of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s liability under this Lease).

Appears in 1 contract

Samples: Lease (Genitope Corp)

Tenant’s Insurance. Tenant shall maintain the following insurance (“Tenant’s Insurance”), at its sole cost and expense: (1) commercial general liability insurance applicable to the Premises and its appurtenances providing, on an occurrence basis, a per occurrence limit of no less than $1,000,000; (2) causes of loss-special form (formerly “all risk”) property insurance, including flood and earthquake, covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”) in the amount of the full replacement cost thereof; (3) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (5) workers’ compensation insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000); (6) employer’s liability insurance in an amount of at least $500,000 per occurrence; and (7) umbrella liability insurance that follows form in excess of the limits specified in (1), (4) and (6) above, of no less than $4,000,000 per occurrence and in the aggregate. Any company underwriting any of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, a Best’s rating of not less than A- and a Financial Size Category of not less than VIII. All commercial general liability, business automobile liability and umbrella liability insurance policies shall name Landlord (or any successor), Landlord’s property manager, Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as “additional insureds” and shall be primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination or lapse of insurance. Tenant shall provide Landlord with a certificate of insurance and all required endorsements evidencing Tenant’s Insurance prior to the earlier to occur of the Commencement Date or the date Tenant is provided access to the Premises for any reason, and upon renewals at least 10 days prior to the expiration of the insurance coverage. Failure to provide such evidence within 5 days after Landlord’s request shall be considered a Time Sensitive Default; provided, however, Landlord can require such evidence as a condition to granting Tenant initial access to the Premises. All of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s liability under this Lease.

Appears in 1 contract

Samples: Office Lease (Varolii CORP)

Tenant’s Insurance. (a) Tenant shall maintain the following insurance ("Tenant’s 's Insurance"), at its sole cost and expense: (1) commercial general liability insurance applicable to the Premises and its appurtenances providing, on an occurrence basis, a per occurrence limit of no less than $1,000,0003,000,000; (2) causes of loss-special form (formerly "all risk") property insurance, including flood and earthquake, covering all above building standard leasehold improvements and Tenant’s 's trade fixtures, equipment, furniture and other personal property within the Premises ("Tenant’s 's Property") in the amount of the full replacement cost thereof; (3) business income (formerly "business interruption") insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, hired and nonowned non-owned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (5) workers' compensation insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (provided, however, if no workers' compensation insurance is statutorily required, Tenant shall carry workers' compensation insurance in a minimum amount of $500,000); (6) employer’s 's liability insurance in an amount of at least $500,000 per occurrence; and (7) umbrella liability insurance that follows form in excess of the limits specified in (1), (4) and (6) above, of no less than $4,000,000 per occurrence and in the aggregate. Any company underwriting any of Tenant’s 's Insurance shall have, according to A.M. A.M Best Insurance Guide, a Best’s 's rating of not less than A- and a Financial Size Category of not less than VIII. All commercial general liability, business automobile liability, liquor liability and umbrella liability insurance policies shall name Landlord (or any successor), Landlord’s 's property manager, Landlord’s 's Mortgagee (if any), ) and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as "additional insureds” insured" and shall be primary with Landlord’s 's policy being secondary and noncontributorynon-contributory, IT BEING THE INTENT THAT SUCH POLICIES AFFORD INSURANCE COVERAGE TO LANDLORD AND THE PROPERTY MANAGER AGAINST CLAIMS FOR PERSONAL OR BODILY INJURY OR DEATH OR PROPERTY DAMAGE OCCURRING UPON, IN OR ABOUT THE PREMISES AS THE RESULT OF THE NEGLIGENCE OF LANDLORD OR THE PROPERTY MANAGER, whether or not required by the other provisions of this Lease. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 ten (10) days of the date of reduction. All policies of Tenant’s 's Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 days' advance written notice of any change, cancellation, termination or lapse of insurance. Tenant shall provide Landlord with a certificate of insurance and all required endorsements evidencing Tenant’s 's Insurance prior to the earlier to occur of the Commencement Date or the date Tenant is provided access to the Premises for any reason, and upon renewals at least 10 ten (10) days prior to the expiration of the insurance coverage. All of Tenant’s 's Insurance policies, endorsements and certificates will be on forms and with deductibles and self-self- insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s 's insurance shall not limit Tenant’s 's liability under this Lease.

Appears in 1 contract

Samples: Comstock Resources Inc

Tenant’s Insurance. Tenant shall To maintain the following insurance (“Tenant’s Insurance”), at its sole cost and expensethroughout the Term: (1i) commercial general liability “All Risk” or Special Form property insurance applicable to the Premises including, but not limited to, fire, extended coverage, vandalism and its appurtenances providing, on an occurrence basis, a per occurrence limit of no less than $1,000,000; (2) causes of loss-special form (formerly “malicious mischief coverage upon all risk”) property insurance, including flood owned by Tenant and earthquake, covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”) located in the amount of Building, in the full replacement cost thereof; (3ii) business income Extra Expense or, if applicable, Business Income Insurance in an amount sufficient to reimburse Tenant for loss of use of the Premises attributable to the prevention of access to the Building or Premises as a result of the perils insured in clause (formerly “business interruption”i) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption lossesabove; (4iii) business automobile Commercial General Liability Insurance to include personal injury, bodily injury, property damage liability insurance (with a broadening endorsement), premises/operations, blanket contractual liability, in limits not less than Two Million Dollars ($2,000,000.00) per occurrence, inclusive, with a deductible not to cover all owned, hired exceed One Hundred Thousand Dollars ($100,000.00); the limit can be satisfied through a combination of a primary general liability policy and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000an umbrella liability policy; (5iv) workersWorkerscompensation Compensation insurance with limits at least as required by the state in which the Premises is located applicable law and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation Employers Liability insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000); (6) employer’s liability insurance in an amount with limits of at least $500,000 per occurrence1,000,000 each accident, $1,000,000 each employee, and $1,000,000 policy limit for disease; and (7v) umbrella liability Business Interruption Insurance as presently carried by Tenant or such higher amounts as Landlord may require. The Landlord shall have the right from time to time to require additional insurance that follows or coverages or increase such minimum limits as Landlord may reasonably require, upon notice to the Tenant. All policies shall be taken out with insurers reasonably acceptable to Landlord, in form in excess satisfactory to Landlord, and shall (i) include Landlord, Manager and any mortgagee of the limits specified in (1)Landlord as additional insureds, as their interests may appear, (4ii) and be written on an occurrence based form, (6iii) abovecontain a waiver of any right of subrogation against Landlord, of no less than $4,000,000 per occurrence and in the aggregate. Any company underwriting any of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, a Best’s rating of not less than A- and a Financial Size Category of not less than VIII. All commercial general liability, business automobile liability and umbrella liability insurance policies shall name Landlord (or any successor), Landlord’s property manager, Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directorsits agents, employees, and agentsrepresentatives which might arise for any reason, and other designees of Landlord as the interest of such designees shall appear(iv) contain a cross-liability endorsement, as “additional insureds” and (v) contain a provision that any coverage afforded thereby shall be primary and noncontributing with respect to any insurance carried by Landlord’s policy being secondary , and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required insurance carried by this LeaseLandlord shall be excess and noncontributing, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s Insurance shall and (vi) contain endorsements that the insurer(s) shall give Landlord and its designees an endorsement requiring at least 30 days’ advance thirty (30) days written notice to Landlord, and any mortgagee of Landlord of which Tenant has been given notice, of any material change, cancellationreduction, termination cancellation or lapse of insuranceother termination. Tenant shall provide Landlord with a certificate certificates of insurance and all required endorsements evidencing Tenant’s Insurance prior in form satisfactory to the earlier to occur of Landlord before the Commencement Date or the date Tenant is provided access to the Premises for any reasonDate, and upon renewals shall provide certificates evidencing renewal at least 10 ten (10) days prior to before the expiration of such policy. Upon termination of this Lease pursuant to any casualty, Tenant shall immediately pay to Landlord any insurance proceeds received by Tenant relating to the insurance coverage. All of TenantLandlord’s Insurance policiesWork and any alterations or improvements to the Premises, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s liability under this Leaseunless Landlord has required their removal.

Appears in 1 contract

Samples: Cambridge Heart Inc

Tenant’s Insurance. (a) Commencing as of the Lease Commencement Date and continuing throughout the Lease Term, Tenant shall obtain and maintain the following insurance (“Tenant’s Insurance”), at its sole cost and expense: (1) commercial general liability insurance applicable to the Premises and its appurtenances providing, (written on an occurrence basis) including contractual liability coverage, a per occurrence limit of no less than $1,000,000; premises and operations coverage, broad form property damage coverage and independent contractors coverage, and containing an endorsement for personal injury (“CGL Insurance”), (2) causes of lossbusiness interruption insurance, (3) all-special form risk (formerly “all risk”Special Form, Replacement Cost) property insurance, including flood and earthquake, covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”) in the amount of the full replacement cost thereof; (3) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business comprehensive automobile liability insurance to cover all owned, hired and nonowned (covering automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; Tenant, if any), (5) workers’ worker’s compensation insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (providedinsurance, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000); (6) employer’s liability insurance in an amount of at least $500,000 per occurrence; insurance, and (7) excess/umbrella insurance (written on an occurrence basis). Such commercial general liability insurance shall be in minimum amounts typically carried by prudent tenants engaged in similar operations, but in no event shall be in an amount less than Two Million Dollars ($2,000,000) combined single limit per occurrence with a Four Million Dollar ($4,000,000) annual aggregate. Such business interruption insurance shall be in minimum amounts typically carried by prudent tenants engaged in similar operations, but in no event shall be in an amount less than the Base Rent then in effect during any Lease Year. Such property insurance shall be in an amount not less than that required to replace all of the original tenant improvements installed in the Premises pursuant to the Work Agreement, any Alterations to any Must Take Expansion Premises, all other Alterations and all other contents of the Premises (including, without limitation, Tenant’s trade fixtures, decorations, furnishings, equipment and personal property). Such automobile liability insurance shall be in an amount not less than One Million Dollars ($1,000,000) for each accident. Such worker’s compensation insurance shall carry minimum limits as defined by the law of the jurisdiction in which the Building is located (as the same may be amended from time to time). Such employer’s liability insurance shall be in an amount not less than One Million Dollars ($1,000,000) for each accident, One Million Dollars ($1,000,000) disease-policy limit, and One Million Dollars ($1,000,000) disease-each employee. Such excess/umbrella liability insurance that follows form shall be in excess of the limits specified minimum amounts typically carried by prudent tenants engaged in (1)similar operations, (4) and (6) above, of but in no event shall be in an amount less than Five Million Dollars ($4,000,000 per occurrence and in the 5,000,000.00) annual aggregate. Any company underwriting any of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, a Best’s rating of not less than A- and a Financial Size Category of not less than VIII. All commercial general liability, business automobile liability and umbrella liability insurance policies shall name Landlord (or any successor), Landlord’s property manager, Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as “additional insureds” and shall be primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination or lapse of insurance. Tenant shall provide Landlord with a certificate of insurance and all required endorsements evidencing Tenant’s Insurance prior to the earlier to occur of the Commencement Date or the date Tenant is provided access to the Premises for any reason, and upon renewals at least 10 days prior to the expiration of the insurance coverage. All of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s liability under this Lease.

Appears in 1 contract

Samples: Office Lease (2U, Inc.)

Tenant’s Insurance. 6.05.1(a) The Tenant shall maintain the following insurance (“Tenant’s Insurance”), throughout the Term at its sole cost cost: (i) “All Risks” (including flood and expenseearthquake) property insurance with deductibles not exceeding 3% of the amount insured, naming the Tenant, the Landlord, the owners of the Project and the Mortgagee as insured parties, containing a waiver of any subrogation rights which the Tenant’s insurers may have against the Landlord and against those for whom the Landlord is in law responsible, and (except with respect to the Tenant’s chattels) incorporating the Mortgagee’s standard mortgage clause. Such insurance shall insure: (1) commercial general liability insurance applicable property of every kind owned by the Tenant or for which the Tenant is legally liable located on or in the Project including, without limitation, Leasehold Improvements, in an amount equal to the Premises and its appurtenances providing, on an occurrence basis, a per occurrence limit of no not less than $1,000,000; (2) causes of loss-special form (formerly “all risk”) property insurance, including flood and earthquake, covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”) in the amount 90% of the full replacement cost thereof; (3) business income (formerly “business interruption”) , subject to a stated amount co-insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (5) workers’ compensation insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000); (6) employer’s liability insurance in an amount of at least $500,000 per occurrenceclause; and (72) umbrella extra expense insurance in such amount as will reimburse the Tenant for loss attributable to all perils referred to in this paragraph 6.05.1(a)(i) or resulting from prevention of access to the Leased Premises; (ii) comprehensive general liability insurance that follows form in excess of which includes the following coverage: owners protective; personal injury; occurrence property damage; and employers and blanket contractual liability. Such policies shall: contain inclusive limits specified in (1), (4) and (6) above, of no less than $4,000,000 per occurrence and in the aggregate. Any company underwriting any of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, a Best’s rating of not less than A- $5,000,000; provide for cross liability; and name the Landlord as an insured; (iii) Tenant’s “all risks” legal liability insurance for the replacement cost value of the Leased Premises; (iv) automobile liability insurance on a Financial Size Category non-owned form including contractual liability, and on an owner’s form covering all licensed vehicles operated by or on behalf of the Tenant, which insurance shall have inclusive limits of not less than VIII. All commercial general liability, business automobile liability $2,000,000; and umbrella liability insurance policies shall name Landlord (or v) any successor), Landlord’s property manager, Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as “additional insureds” and shall be primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination or lapse of insurance. Tenant shall provide Landlord with a certificate form of insurance and all required endorsements evidencing Tenant’s Insurance prior to which the earlier to occur of the Commencement Date Tenant or the date Tenant is provided access Landlord, acting reasonably, or the Mortgagee requires from time to the Premises time in form, in amounts and for any reason, and upon renewals at least 10 days prior to the expiration of the insurance coverage. All of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s liability under this Leaserisks against which a prudent tenant would insure.

Appears in 1 contract

Samples: Lease (Primerica, Inc.)

Tenant’s Insurance. At all times during the term hereof, Tenant shall maintain in full force and effect with respect to the following insurance (“Premises and Tenant’s use thereof, commercial general liability insurance, naming Landlord, Landlord’s agent and Landlord’s mortgagee (and such other parties as Landlord may request in writing) as additional insureds, covering injury to persons in amounts at least equal to $2,000,000.00 per occurrence and $2,000,000.00 general aggregate. In addition to commercial general liability insurance, Tenant shall also be responsible, at Tenant’s own cost, to keep and maintain (i) insurance in respect of and covering Tenant’s own furniture, furnishings, equipment and other personal property, and all improvements made by or on behalf of Tenant, all insured for the replacement cost thereof, against all risks and hazards, including but not limited to sprinkler and leakage damage, and theft (collectively, “Personal Property Insurance”), at its sole cost and expense: (1) commercial general liability insurance applicable to the Premises and its appurtenances providing, on an occurrence basis, a per occurrence limit of no less than $1,000,000; (2) causes of loss-special form (formerly “all risk”) property insurance, including flood and earthquake, covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”) in the amount of the full replacement cost thereof; (3) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (5ii) workers’ compensation insurance as required by the state with respect to and covering all employees and agents of Tenant in which the Premises is located accordance with applicable law. With respect to Tenant’s commercial general liability insurance and Personal Property Insurance, (i) no insurance coverage shall contain a deductible in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount excess of $500,00050,000.00 and $10,000.00, respectively, without the prior written consent of Landlord (which consent will not be unreasonably withheld); , (6ii) employerall deductibles shall be paid by Tenant, assumed by Tenant, for the account of Tenant, and at Tenant’s liability insurance sole risk, (iii) Tenant’s insurer shall be licensed or authorized to do business in an amount the State of New Jersey and shall have a policyholder rating of at least $500,000 per occurrence; A - and be assigned a financial size category of at least Class IX as rated in the most recent edition of “Best’s Key Rating Guide” for insurance companies or a rating of at least AAA as rated by Standard & Poor’s, (7iv) umbrella liability such insurance that follows form in excess coverage provided shall be endorsed to be primary to any and all insurance carried by Landlord, with Landlord’s insurance being excess, secondary and non-contributing, (v) Landlord, and provided Landlord delivers written notice to Tenant of the limits specified in (1), (4) and (6) above, of no less than $4,000,000 per occurrence and in the aggregate. Any company underwriting any of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, a Best’s rating of not less than A- and a Financial Size Category of not less than VIII. All commercial general liability, business automobile liability and umbrella liability insurance policies shall name Landlord (or any successor)identity thereof, Landlord’s property manager, Landlord’s Mortgagee (if any)manager of the Building and all holders of a deed to secure debt or other such security instrument and the landlord under any underlying lease shall be an additional insured on all such policies, and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as “additional insureds” and shall be primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All (vi) all policies of liability insurance specified in this Lease shall specifically insure Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination or lapse of insurance. Tenant shall provide Landlord with a certificate of insurance and all required endorsements evidencing Tenant’s Insurance prior to the earlier to occur of the Commencement Date or the date Tenant is provided access to the Premises for any reason, and upon renewals at least 10 days prior to the expiration of the insurance coverage. All of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s contractual liability under this Lease. Tenant shall also carry, at Tenant’s own cost and expense, such other insurance, in amounts and for coverages and on such other terms as Landlord may from time to time deem commercially reasonable and appropriate, provided that such coverages and amount are consistent with those being required of landlords of other comparable properties in the geographic area in which the Property is located. Tenant assumes all risk of loss of any or all of its personal property. Each of the foregoing policies shall require the insurance carrier to give at least thirty (30) days prior written notice (ten (10) days in the case of non-payment) to Landlord and to any mortgagee named in an endorsement thereto of any cancellation thereof, and each such policy shall be issued by an insurer and in a form satisfactory to Landlord. Tenant shall lodge with Landlord at or prior to the Commencement Date evidence of the insurance required hereunder acceptable to Landlord, together with evidence of paid-up premiums, which evidence shall include, if required by Landlord, a duplicate original of such commercial general liability insurance policy, certificates of insurance for Personal Property Insurance and such workers’ compensation insurance, and duplicate originals or certificates of such insurance that Landlord may require Tenant to carry from time to time, and shall lodge with Landlord renewals thereof at least fifteen (15) days prior to expiration.

Appears in 1 contract

Samples: Princeton South Corporate Center Office Lease (Celator Pharmaceuticals Inc)

Tenant’s Insurance. Effective as of the earlier of: (1) the date Tenant enters or occupies the Premises; or (2) the Commencement Date, and continuing throughout the Term, Tenant shall maintain the following insurance (“Tenant’s Insurance”), at its sole cost and expensepolicies: (1A) commercial general liability insurance applicable in amounts of $3,000,000 per occurrence, which shall apply on a per location basis, or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, 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 its appurtenances providing(without implying any consent by Landlord to the installation thereof) the installation, on operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment with an occurrence basisadditional insured endorsement in form CG 20 26 11 85; (B) Automobile Liability covering any owned, a per occurrence limit non-owned, leased, rented or borrowed vehicles of Tenant with limits no less than $1,000,0003,000,000 combined single limit for property damage and bodily injury; (2C) causes All Risk Property insurance covering the full value of loss-special form (formerly “all risk”) property insurance, including flood Alterations and earthquake, covering all above building standard leasehold improvements and Tenantbetterments 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, equipment, furniture fixtures and other personal property within the Premises (“Tenant’s Property”including property of Tenant or others) in the amount Premises or otherwise placed in the Project by or on behalf of the full replacement cost thereofa 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; (3E) business income contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (formerly “business interruption”) but only if such contractual liability insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption lossesis not already included in Tenant’s commercial general liability insurance policy); (4F) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (5) workers’ worker’s compensation insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is not less than statutorily required, Tenant shall carry workersand Employerscompensation Liability insurance in a minimum amount with limits of not less than Five Million Dollars ($500,0003,000,000); (6G) employer’s liability business interruption insurance in an amount that will reimburse Tenant for direct or indirect loss of at least $500,000 per occurrenceearnings attributable to all perils insured against under Section 1l(a)(2)(C) or attributable to the prevention of access to the Building or Premises; (H) in the event Tenant performs any alterations or repairs in, on, or to the Premises, Builder’s Risk Insurance on an All Risk basis (including collapse) on a completed value (non-reporting) form, or by endorsement including such coverage pursuant to Section 1l(a)(2)(C) hereinabove, for full replacement value covering all work incorporated in the Building and all materials and equipment in or about the Premises; and (7I) umbrella liability such other insurance that follows form in excess or any changes or endorsements to the insurance required herein, including increased limits of the limits specified in (1)coverage, (4) as Landlord, or any mortgagee or lessor of Landlord, may reasonably require from time to time. Tenant’s insurance shall provide primary coverage to Landlord and (6) aboveshall not require contribution by any insurance maintained by Landlord, of no less than $4,000,000 per occurrence when any policy issued to Landlord provides duplicate or similar coverage, and in the aggregate. Any company underwriting any of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, a Best’s rating of not less than A- and a Financial Size Category of not less than VIII. All commercial general liability, business automobile liability and umbrella liability insurance policies shall name Landlord (or any successor), Landlord’s property manager, Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as “additional insureds” and shall be primary with circumstance Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of be excess over Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination or lapse of insurancepolicy. Tenant shall provide furnish to Landlord certificates of such insurance, with a certificate an additional insured endorsement in form CG 20 26 11 85, and such other evidence satisfactory to Landlord of the maintenance of all insurance and all coverages required endorsements evidencing Tenant’s Insurance hereunder at least ten (10) days prior to the earlier to occur of the Commencement Date or the date Tenant is provided access to enters or occupies the Premises for any reasonPremises, and upon renewals at least 10 fifteen (15) days prior to each renewal of said insurance, and Tenant shall obtain a written obligation on the expiration part of the each insurance coveragecompany 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 issued by companies with a Best’s rating of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if anyA:VII or better, reasonably acceptable satisfactory to Landlord. The 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 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 cost. It is expressly understood and agreed that the foregoing minimum limits of Tenant’s insurance coverage shall not limit Tenant’s the liability under of Tenant for its acts or omissions as provided in this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Interpace Biosciences, Inc.)

Tenant’s Insurance. Tenant 11.1. Tenant, during the Term of this Lease, shall maintain procure at its expense and keep in force the following insurance (“Tenant’s Insurance”), at its sole cost and expenseinsurance: (1i) commercial Commercial general liability insurance applicable naming the Landlord, any Mortgagee or ground lessor designated by Landlord from time to time, and Landlord's managing agent as additional insureds against any and all claims for bodily injury and property damage occurring in or about the Premises and its appurtenances providing, on an occurrence basis, Premises. Such insurance shall have a combined single limit of not less than Three Million Dollars ($3,000,000) per occurrence with a Five Million Dollar ($5,000,000) aggregate limit of no less than $1,000,000; (2) causes of loss-special form (formerly “all risk”) property insurance, including flood and earthquake, covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”) excess umbrella liability insurance in the amount of Five Million Dollars ($5,000,000). If Tenant has other locations that it owns or leases, the policy shall include an aggregate limit per location endorsement. Such liability insurance shall be primary and not contributing to any insurance available to Landlord and Landlord's insurance shall be in excess thereto. In no event shall the limits of such insurance be considered as limiting the liability of Tenant under this Lease; (ii) Personal property insurance insuring all equipment, trade fixtures, inventory, fixtures and personal property located within the Premises for perils covered by the causes of loss -- special form (all risk) and in addition, coverage for flood, earthquake and boiler and machinery (if applicable). Such insurance shall be written on a replacement cost basis in an amount equal to one hundred percent (100%) of the full replacement cost thereofvalue of the aggregate of the foregoing; (3iii) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (5) workers’ compensation insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ Workers' compensation insurance in accordance with statutory laws and employers' liability insurance with a minimum amount limit of not less than One Hundred Thousand Dollars ($100,000) per employee and Five Hundred Thousand Dollars ($500,000)) per occurrence; (6iv) employer’s liability Business interruption and/or loss of rental insurance in an amount equivalent to twelve (12) months Rent and Tenant's Share of Operating Costs and Property Taxes payable by Tenant hereunder, which shall not contain a deductible greater than an amount equal to seventy-two (72) hours of the Rent in effect at least $500,000 per occurrencesuch time (or an equivalent amount expressed in dollars), and which shall name Landlord as an additional insured (and Tenant hereby acknowledges and agrees that Landlord shall have no liability to Tenant for any business interruption or rental interruption losses); and (7v) umbrella liability Such other insurance that follows form in excess of the limits specified in (1), (4) as Landlord deems necessary and (6) above, of no less than $4,000,000 per occurrence and in the aggregate. Any company underwriting any of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, a Best’s rating of not less than A- and a Financial Size Category of not less than VIII. All commercial general liability, business automobile liability and umbrella liability insurance policies shall name Landlord (prudent or any successor), Landlord’s property manager, Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as “additional insureds” and shall be primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit which is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 days’ advance written notice Landlord's beneficiaries or mortgagees of any change, cancellation, termination deed of trust or lapse of insurance. Tenant shall provide Landlord with a certificate of insurance and all required endorsements evidencing Tenant’s Insurance prior to mortgage encumbering the earlier to occur of the Commencement Date or the date Tenant is provided access to the Premises for any reason, and upon renewals at least 10 days prior to the expiration of the insurance coverage. All of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s liability under this LeasePremises.

Appears in 1 contract

Samples: Lease (Axiom Inc)

Tenant’s Insurance. Tenant shall maintain the following insurance (“Tenant’s Insurance”), at its sole cost and expense, shall maintain during the Lease Term the following insurance: (1) commercial general liability insurance applicable to the Premises and its appurtenances providing, on an occurrence basis, a per occurrence limit of no less than $1,000,000; (2) causes of loss-special form (formerly “all risk”) property insurance, including flood and earthquake, covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”) in the amount of the full replacement cost thereof; (3) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,0001,000,000 primary per occurrence and $2,000,000 annual aggregate; and in the event property of Tenant’s invitees or customers are kept in, or about the, Premises, Tenant shall maintain warehouser’s legal liability or bailee customers insurance for the full value of the property of such invitees or customers as determined by the warehouse contract between Tenant and its customer; (52) special cause of loss form property insurance covering the full replacement cost of all property and improvements installed or placed in the Premises by or on behalf of Tenant, and shall include coverage for damage or other loss caused by fire or other peril, including vandalism and malicious mischief, theft, water damage of any type, including sprinkler leakage or stoppage of pipes, and explosion, and providing business interruption coverage for a period of one year; (3) workers’ compensation insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is statutorily required, Tenant and shall carry workers’ compensation insurance include a waiver of subrogation in a minimum amount favor of $500,000)Landlord; (64) employer’s employers liability insurance in an amount of at least $500,000 per occurrence1,000,000; and (75) umbrella business automobile liability insurance that follows form in excess having a combined single limit of not less than $1,000,000 per occurrence insuring Tenant against liability arising out of the limits specified in (1)ownership maintenance or use of any owned, (4) hired or nonowned automobiles; and (6) above, of no less than $4,000,000 per occurrence and in the aggregate. Any company underwriting any of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, an umbrella liability policy or excess liability policy having a Best’s rating limit of not less than A- and a Financial Size Category of not less than VIII. All commercial general liability$3,000,000, business automobile liability and umbrella liability insurance policies which policy shall name Landlord (or any successor), Landlord’s property manager, Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as be in additional insuredsfollowing form” and shall be provide that if the underlying aggregate is exhausted, the excess coverage will drop down as primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination or lapse of insurance. Tenant Such umbrella liability policy or excess liability policy shall provide Landlord with a certificate of insurance and all required endorsements evidencing Tenant’s Insurance prior to the earlier to occur of the Commencement Date or the date Tenant is provided access to the Premises include coverage for any reason, and upon renewals at least 10 days prior to the expiration of the insurance coverage. All of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s liability under this Leaseadditional insureds.

Appears in 1 contract

Samples: Third Amendment (Aehr Test Systems)

Tenant’s Insurance. Tenant shall obtain and maintain during the following term of this Lease: (i) workers compensation insurance as required by Law; (ii) employers liability insurance with limits of at least: $1,000,000 each accident for bodily injury by accident, $1,000,000 policy limit for bodily injury by disease and $1,000,000 each employee for bodily injury by disease with a waiver of subrogation in favor of Landlord, Ernst Development Partners, Inc., and other entities having an equity interest in the Project designated by Landlord to be named as additional insureds (collectively, the Tenant’s InsuranceAdditional Insureds”); (iii) automobile liability insurance providing coverage for all owned, hired and non-owned automobiles with limits of at its sole cost least $1,000,000 combined single limit each accident for bodily injury and expense: property damage; (1iv) commercial general liability insurance applicable to the Premises with a combined single limit for personal injury and its appurtenances providing, on an property damage of at least $5,000,000 each occurrence basis, and $5,000,000 annual aggregate; (v) a per occurrence limit Commercial Pollution Legal Liability Insurance with coverage limits of no not less than $1,000,0002,000,000 annual aggregate covering claims arising out of or related to Tenant’s acts or omissions with respect to Hazardous Materials during the term of the Lease, provided that if such coverage is no longer available at commercially reasonable rates, then Tenant shall be required to carry such coverage only if Tenant intends to use (or is using) any portion of the Project for the use, generation, storage, or disposal of Hazardous Materials (other than in de minimis quantities common in a normal office use [e.g., cleaning supplies]); and (vi) Umbrella or Excess liability over general liability, automobile liability and employers’ liability in an amount not less than $5,000,000 per occurrence and $5,000,000 aggregate. Tenant’s commercial general liability insurance policy shall include coverage for premises and operations liability, products and completed operations liability, broad form property damage, blanket contractual liability and personal and advertising liability. All of Tenant’s liability insurance shall provide that (A) the insurer has the duty to defend all insureds, (B) defense costs do not deplete policy limits; (2C) causes the Additional Insureds are named as additional insureds on the liability policies pursuant to an endorsement or policy provision at least as broad as the Insurance Service Organization's "Additional Insured-Managers or Lessors of loss-special form Premises" endorsement form; (formerly D) the insurer acknowledges acceptance of the mutual waiver of claims by Landlord and Tenant pursuant to Section 10(b) below or the subject policy expressly permits the insured to contractually waive the insurer’s rights of subrogation; and (E) such insurance is primary with respect to Landlord and that any other insurance maintained by Landlord is excess and noncontributing with such insurance. Tenant shall also obtain and maintain insurance (all riskPersonal Property Insurance”) property insurance, including flood and earthquake, covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture and other personal property within and fixtures from time to time in, on, or at the Premises Premises, in an amount not less than one hundred percent (“Tenant’s Property”100%) in the amount of the full replacement cost thereof; (3) business income (formerly cost, without deduction for depreciation, providing protection against events protected under business interruption”) insurance written on All Risk Coverage,” as well as against sprinkler damage, vandalism and malicious mischief. Any proceeds from the Personal Property Insurance may be used for the repair or replacement of the personal property damaged or destroyed, unless this Lease is terminated under an actual loss sustained form or with sufficient limits to address reasonably anticipated applicable provision herein. Tenant shall also maintain in full force and effect during the term business interruption losses; (4) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing with a minimum combined single limit of $1,000,000; (5) workers’ compensation insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000); (6) employer’s liability insurance in an amount of at least $500,000 per occurrence; and approximately twelve (712) umbrella liability insurance that follows form in excess months of Base Rent. Prior to the commencement of the limits specified term, Tenant shall deliver to Landlord certificates of insurance with endorsements. No later than five (5) days following the expiration of such policy or any renewal thereof, Tenant shall deliver to Landlord replacement or renewal binders, followed by certificates and endorsements within a reasonable time thereafter. Tenant shall have the right to provide all insurance coverage required herein to be provided by Tenant pursuant to blanket policies so long as such coverage is expressly afforded by such policies for the location which is the Premises. All insurance shall be written by carriers which are admitted in (1), (4) California and (6) above, of no less than $4,000,000 per occurrence and in the aggregate. Any company underwriting any of Tenant’s Insurance shall have, according to which have a rating by A.M. Best Insurance GuideService, a Best’s rating or its successor, of not less than A- and a Financial Size Category of not less than VIII. All commercial general liability, business automobile liability and umbrella liability insurance policies shall name Landlord (or any successor), Landlord’s property manager, Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as “additional insureds” and shall be primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination “A-/VII” or lapse of insuranceequivalent. Tenant shall provide Landlord with a certificate increase the amounts of insurance and all as required endorsements evidencing Tenant’s Insurance prior to by any lender of Landlord if consistent with then customary practice for comparable tenants operating for comparable purposes from comparable premises in the earlier to occur vicinity of the Commencement Date or the date Premises (and Landlord shall deliver to Tenant is provided access to the Premises for any reason, and upon renewals at least 10 days prior to the expiration of the insurance coverage. All of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s liability under this Leasedocumentation evidencing such customary practice).

Appears in 1 contract

Samples: Lease Agreement (Exelixis, Inc.)

Tenant’s Insurance. Tenant shall maintain in full force and effect at all times during the following insurance (“Tenant’s Insurance”)Term of this Lease, at its Tenant's sole cost and expense, for the protection of Tenant and Landlord, as their interests may appear, policies of insurance issued by a carrier or carriers acceptable to Landlord and its lender(s) which afford the following coverages: (1i) commercial general liability insurance applicable to the Premises and its appurtenances providing, on an occurrence basis, a per occurrence limit of no less than $1,000,000worker's compensation: statutory limits; (2ii) causes of loss-special form (formerly “all risk”) property insuranceemployer's liability, including flood and earthquakeas required by law, covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”) in the amount of the full replacement cost thereof; (3) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (5) workers’ compensation insurance as required by the state in which the Premises is located 100,000 per employee and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000); (6) employer’s liability insurance in an amount of at least $500,000 per occurrence; and (7iii) umbrella primary commercial general liability insurance that follows form in excess (occurrence form) providing coverage against any and all claims for bodily injury and property damage occurring in, on or about the Premises arising out of Tenant's and Tenant's Representatives' use and/or occupancy of the limits specified in Premises. Such insurance shall include coverage for blanket contractual liability, fire damage, premises, personal injury, completed operations, products liability, personal and advertising, and a plate-glass rider to provide coverage for all glass in, on or about the Premises including, without limitation, skylights, with deletion of the exclusion for operations within fifty (150) feet of a railroad track (railroad protective liability), (4) and (6) above, of no less than $4,000,000 per occurrence and in the aggregateif applicable. Any company underwriting any of Tenant’s Insurance Such insurance shall have, according to A.M. Best Insurance Guide, have a Best’s rating combined single limit of not less than A- One Million Dollars ($1,000,000) per occurrence with a Two Million Dollar ($2,000,000) aggregate limit and excess umbrella insurance in the amount of Two Million Dollars ($2,000,000). If Tenant has other locations which it owns or leases, the policy shall include an aggregate limit per location endorsement. If necessary, as reasonably determined by Landlord, Tenant shall provide for restoration of the aggregate limit; (iv) comprehensive automobile liability insurance: a Financial Size Category combined single limit of not less than VIII. All commercial general liability$2,000,000 per occurrence and insuring Tenant against liability for claims arising out of the ownership, business automobile liability maintenance, or use of any owned, hired or non-owned automobiles; (v) "special form" property insurance, including without limitation, sprinkler leakage, boiler and umbrella liability insurance policies shall name Landlord (machinery comprehensive form, if applicable, covering damage to or loss of any successor)personal property, Landlord’s property managertrade fixtures, Landlord’s Mortgagee (if any)inventory, fixtures and equipment located in, on or about the Premises, and their respective membersin addition, principalscoverage for business interruption of Tenant, beneficiariestogether with, partnersif the property of Tenant's invitees is to be kept in the Premises, officers, directors, employees, warehouser's legal liability or bailee customers insurance for the full replacement cost of the property belonging to invitees and agents, and other designees of Landlord as located in the interest of such designees shall appear, as “additional insureds” and Premises. Such insurance shall be primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid written on a replacement cost basis (without deduction for depreciation) in an amount equal to below 75% one hundred percent (100%) of the limit full replacement value of the aggregate of the items referred to in this subparagraph (v); and (vi) such other insurance as Landlord deems necessary and prudent or as may otherwise be required by this Lease, Tenant will notify Landlord in writing within 10 days any of the date of reduction. All policies of Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination Landlord's lenders or lapse of insurance. Tenant shall provide Landlord with a certificate of insurance and all required endorsements evidencing Tenant’s Insurance prior to the earlier to occur of the Commencement Date or the date Tenant is provided access to the Premises for any reason, and upon renewals at least 10 days prior to the expiration of the insurance coverage. All of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s liability under this Leasejoint venture partners.

Appears in 1 contract

Samples: Lease Agreement (Shoe Pavilion Inc)

Tenant’s Insurance. Tenant shall maintain the following insurance (“Tenant’s Insurance”), at its sole cost and expense: (1) commercial general liability insurance applicable to the Premises and its appurtenances providing, on an occurrence basis, a per occurrence limit of no less than $1,000,000; (2) causes of loss-special form (formerly “all risk”) property insurance, including flood and earthquake, covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s 2100 SPACE PARK DRIVE/LOCKHEED XXXXXX CORPORATION Office Lease Property”) in the amount of the full replacement cost thereof; (3) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) if applicable, business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (54) workers’ compensation insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000); (65) employer’s liability insurance in an amount of at least $500,000 per occurrence; and (76) umbrella liability insurance that follows form in excess of the limits specified in (1), (43) and (65) above, of no less than $4,000,000 per occurrence and in the aggregate. Any company underwriting any of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, a Best’s rating of not less than A- and a Financial Size Category of not less than VIIIVII. All commercial general liability, business automobile liability and umbrella liability insurance policies shall name Landlord (or any successor), Landlord’s property manager, Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as “additional insureds” and shall be primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All To the extent obtainable, all policies of Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination or lapse of insurance. Tenant shall provide Landlord with a certificate of insurance and all required endorsements evidencing Tenant’s Insurance prior to the earlier to occur of the Commencement Date or the date Tenant is provided access to the Premises for any reason, and upon renewals at least 10 days prior to the expiration of the insurance coverage. All of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s liability under this Lease.

Appears in 1 contract

Samples: Office Lease (Wells Real Estate Fund Ii)

Tenant’s Insurance. Tenant shall maintain the following insurance (“Tenant’s Insurance), at its sole cost and expense: (1) commercial general liability insurance applicable to the Premises and its appurtenances providing, on an occurrence basis, a per occurrence limit of no less than $1,000,000; (2) causes of loss-special form (formerly “all risk”) property insurance, including flood and earthquakeflood, covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property) in the amount of the full replacement cost thereof; (3) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (5) workers’ compensation insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000); (6) employer’s liability insurance in an amount of at least $500,000 per occurrence; and (7) umbrella liability insurance that follows form in excess of the limits specified in (1), (4) and (6) above, of no less than $4,000,000 per occurrence and in the aggregate. Any company underwriting any of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, a Best’s rating of not less than A- and a Financial Size Category of not less than VIII. All commercial general liability, business automobile liability and umbrella liability insurance policies shall name Landlord (or any successor), Landlord’s property manager, Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as “additional insureds” and shall be primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination or lapse of insurance. Tenant shall provide Landlord with a certificate of insurance and all required endorsements evidencing Tenant’s Insurance prior to the earlier to occur of the Commencement Date or the date Tenant is provided access to the Premises for any reason, and upon renewals at least 10 days prior to the expiration of the insurance coverage. All of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s liability under this Lease.

Appears in 1 contract

Samples: Office Lease (Key Energy Services Inc)

Tenant’s Insurance. Tenant shall maintain the following insurance (“Tenant’s Insurance”)shall, at all times, carry and maintain, at its sole cost and expense: (1a) commercial general liability insurance Commercial General Liability Insurance applicable to the Premises and its appurtenances providing, on an occurrence basis, a per occurrence limit of no less than $1,000,000; (2) causes of loss-special form (formerly “all risk”) property insurance, including flood and earthquake, covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”) in the amount of the full replacement cost thereof; (3) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of Two Million Dollars ($1,000,0002,000,000.00); (5b) workers’ compensation insurance All Risks of Physical Loss Insurance written at replacement cost value and with a replacement cost endorsement covering all of Tenant's Property in the Premises; (c) Workers' Compensation Insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute statute, and Employers Liability Coverage of One Million Dollars (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000); (61,000,000.00) employer’s liability insurance in an amount of at least $500,000 per occurrence; and (7d) umbrella liability additional insurance that follows form in excess of the limits specified in (1), (4) and (6) above, of no less than $4,000,000 per occurrence and in the aggregateas reasonably required by Landlord. Any company underwriting writing any insurance to be maintained pursuant to the terms of this Lease (all such insurance being referred to as "Tenant’s Insurance 's Insurance"), as well as the form of such insurance, shall have, according at all times be subject to A.M. Best Insurance Guide, a Best’s rating of not less than A- and a Financial Size Category of not less than VIIILandlord's approval. All commercial general liability, business automobile liability policies evidencing Tenant's Insurance (except for Workers' Compensation) shall specify Tenant and umbrella liability insurance policies shall name Landlord the "owner(s) of the Building and its (or any successor), Landlord’s property manager, Landlord’s Mortgagee (if any), and their their) respective members, principals, beneficiaries, partners, officers, directors, employees, agents (and agents, their respective members and principals) and mortgagee(s)" (and any other designees of Landlord as the interest of such designees shall appear, ) as additional insureds” and shall be primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s 's Insurance shall contain endorsements that the insurer(s) shall will give to Landlord and its designees at least 30 thirty (30) days' advance written notice of any change, cancellation, termination or lapse of said insurance. Tenant shall provide deliver to Landlord with a certificate of insurance and all required endorsements evidencing Tenant’s Insurance at least fifteen (15) days prior to the earlier time Tenant's Insurance is first required to occur of the Commencement Date or the date Tenant is provided access to the Premises for any reasonbe carried by Tenant, and upon renewals at least 10 fifteen (15) days prior to the expiration of the any such insurance coverage. All , a certificate of Tenant’s Insurance policies, endorsements and certificates will be on forms and insurance of all policies procured by Tenant in compliance with deductibles and self-insured retention, if any, reasonably acceptable to Landlordits obligations under this Lease. The limits of Tenant’s insurance 's Insurance shall not in no event limit Tenant’s 's liability under this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Bsquare Corp /Wa)

Tenant’s Insurance. Effective as of the earlier of: (1) the date Tenant enters or occupies the Premises; or (2) the Commencement Date, and continuing throughout the Term, Tenant shall maintain the following insurance (“Tenant’s Insurance”), at its sole cost and expensepolicies: (1A) commercial general liability insurance applicable of not less than $2,000,000 per occurrence, with an annual aggregate limit of not less than $4,000,000, 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, Landlord, Landlord’s Property Manager 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 its appurtenances providing(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) 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; (C) All Risk Property insurance covering the full value of all Alterations and improvements and betterments in the Premises, naming Landlord and Landlord’s Mortgagee (as defined in Section 12(a)) as additional loss payees as their interests may appear; (D) All Risk Property insurance covering the full value of all furniture, trade fixtures and personal property (including property of Tenant or others) in the Premises or otherwise placed in the Project by or on an occurrence basisbehalf 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, a per occurrence limit and Employers’ Liability insurance with limits of no not less than $1,000,000; (2) causes of loss-special form (formerly “all risk”) property insurance, including flood and earthquake, covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”) in the amount of the full replacement cost thereof; (3G) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (5) workers’ compensation insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000); (6) employer’s liability insurance in an amount that will reimburse Tenant for direct or indirect loss of at least $500,000 per occurrenceearnings attributable to all perils insured against under Section 11(a)(C) or attributable to the prevention of access to the Building or the Premises; (H) in the event Tenant performs any alterations or repairs in, on, or to the Premises, Builder’s Risk Insurance on an All Risk basis (including collapse) on a completed value (non-reporting) form, or by endorsement including such coverage pursuant to Section 11(a)(C) hereinabove, for full replacement value covering all work incorporated in the Building and all materials and equipment in or about the Premises; (7I) an umbrella liability insurance that follows form in policy or excess of the limits specified in (1), (4) and (6) above, of no less than $4,000,000 per occurrence and in the aggregate. Any company underwriting any of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, liability policy having a Best’s rating limit of not less than A- Five Million Dollars ($5,000,000), which policy shall be in “following form” and a Financial Size Category shall provide that if the underlying aggregate is exhausted, the excess coverage will drop down as primary insurance; and (J) 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. Tenant’s insurance shall provide primary coverage to Landlord and shall not less than VIIIrequire 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. All commercial general liabilityTenant shall furnish to Landlord certificates of such insurance, business automobile liability and umbrella liability insurance policies shall name Landlord with an additional insured endorsement in form CG 20 26 11 85 (or any successor), another equivalent form approved in writing by Landlord’s property manager, Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and such other designees of evidence satisfactory to Landlord as the interest of such designees shall appear, as “additional insureds” and shall be primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit maintenance of all insurance coverages required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees hereunder at least 30 days’ advance written notice of any change, cancellation, termination or lapse of insurance. Tenant shall provide Landlord with a certificate of insurance and all required endorsements evidencing Tenant’s Insurance ten (10) days prior to the earlier to occur of the Commencement Date or the date Tenant is provided access to enters or occupies the Premises for any reasonPremises, and upon renewals at least 10 fifteen (15) days prior to each renewal of said insurance, and Tenant shall obtain a written obligation on the expiration part of the each insurance coveragecompany 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 issued by companies licensed to do business in the State of Tenant’s Insurance policies, endorsements and certificates will be on forms California and with deductibles and self-insured retention, if anya Best’s rating of A:VII or better, reasonably acceptable satisfactory to Landlord. The 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 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 cost. It is expressly understood and agreed that the foregoing minimum limits of Tenant’s insurance coverage shall not limit Tenant’s the liability under of Tenant for its acts or omissions as provided in this Lease.

Appears in 1 contract

Samples: Industrial Lease Agreement (Parametric Sound Corp)

Tenant’s Insurance. Tenant shall maintain the following insurance (“Tenant’s Insurance”), at its expense, shall maintain during the Lease Term the following insurance, at Tenant’s sole cost and expense: (1) commercial general liability insurance (and, if necessary, commercial excess liability insurance) applicable to the Premises and its appurtenances providing, on an occurrence basis, a per occurrence limit of no less than $1,000,000; (2) causes of loss-special form (formerly “all risk”) property insurance, including flood and earthquake, covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”) in the amount of the full replacement cost thereof; (3) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of not less than $1,000,0002,000,000 per occurrence with an annual aggregate of not less than $2,000,000; and if Tenant stores property of others for a fee, Tenant shall maintain warehouse operator’s legal liability insurance for the full value of the property of such customers as determined by the warehouse contract between Tenant and its customer; (52) all risk or special form property insurance covering the full replacement cost of all property, Tenant-Made Alterations, Trade Fixtures, and improvements installed or placed in the Premises by Tenant with a deductible not to exceed $2,500 per occurrence (unless otherwise agreed in writing by Landlord); (3) business interruption insurance with a limit of liability representing loss of at least approximately 6 months of income; (4) workers’ compensation insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000)statute; (65) employer’s employers liability insurance in an amount of at least $500,000 per occurrence1,000,000; and (7) umbrella liability insurance that follows form in excess of the limits specified in (1), (4) and (6) abovebusiness automobile liability insurance (and, if necessary, commercial excess liability insurance) having a combined single limit of no not less than $4,000,000 2,000,000 per occurrence and in accident insuring Tenant against liability arising out of the aggregateownership maintenance or use of any owned, hired or nonowned automobiles. Such policies shall be for a term of at least one year, or the length of the remaining term of this Lease, whichever is less. Any company underwriting writing any of Tenant’s Insurance insurance shall have, according to have an A.M. Best Insurance Guide, a Best’s rating of not less than A- A-VII and a Financial Size Category of not less than VIIIthe general liability policy shall be endorsed to provide primary and noncontributory coverage to Landlord (any policy issued to Landlord providing duplicate or similar coverage shall be deemed excess over Tenant’s policies). All commercial general liabilityliability and, business automobile liability and umbrella if applicable, warehouse operator’s legal liability insurance policies shall name Landlord (or any successor)Tenant as a named insured and Landlord, Landlord’s its property manager, Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as additional insureds. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include (a) a waiver of subrogation endorsement and (b) coverage for liability assumed under this Lease as an “insured contractand shall be primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of for the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies performance of Tenant’s Insurance indemnity obligations under this Lease. If the general liability insurance contains a general aggregate limit, it shall contain endorsements that the insurer(s) apply separately to this Premises. The limits and types of insurance maintained by Tenant shall give Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination or lapse of insurancenot limit Tenant’s liability under this Lease. Tenant shall provide Landlord with a certificate certificates of such insurance and (including copies of all required endorsements evidencing Tenant’s Insurance endorsements) as required under this Lease prior to the earlier to occur of the Commencement Date or the date Tenant is provided access to with possession of the Premises for any reasonPremises, and thereafter upon renewals at least 10 days prior to the expiration of the insurance coverage. All Acceptance by Landlord of delivery of any certificates of insurance does not constitute approval or agreement by Landlord that the insurance requirements of this section have been met, and failure of Landlord to identify a deficiency from evidence provided will not be construed as a waiver of Tenant’s Insurance policiesobligation to maintain such insurance. In the event any of the insurance policies required to be carried by Tenant under this Lease shall be cancelled prior to the expiration date of such policy, endorsements or if Tenant receives notice of any cancellation of such insurance policies from the insurer prior to the expiration date of such policy, Tenant shall: (a) immediately deliver notice to Landlord that such insurance has been, or is to be, cancelled, (b) shall promptly replace such insurance policy in order to assure no lapse of coverage shall occur, and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable (c) shall deliver to LandlordLandlord a certificate of insurance (including copies of all required endorsements) for such replacement policy. The limits of insurance required to be maintained by Tenant hereunder are only Landlord’s minimum insurance requirements and Tenant agrees and understands that such insurance requirements may not be sufficient to fully meet Tenant’s insurance shall not limit Tenant’s liability under this Leaseneeds.

Appears in 1 contract

Samples: Xos, Inc.

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Tenant’s Insurance. 11.1 Tenant shall maintain shall, during the Term of this Lease, procure at its expense and keep in force the following insurance (“Tenant’s Insurance”), at its sole cost and expenseinsurance: (1i) commercial Commercial general liability insurance applicable to naming the Premises Landlord and its appurtenances providing, on an occurrence basis, Landlord's managing agent as additional insiders against any and all claims for bodily injury and property damage occurring in or about the Premises. Such insurance shall have a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence with a Two Million Dollar ($2,000,000) aggregate limit of no less than $1,000,000; (2) causes of loss-special form (formerly “all risk”) property insurance, including flood and earthquake, covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”) excess umbrella liability insurance in the amount of Two Million Dollars ($2,000,000). If Tenant has other locations that it owns or leases, the policy shall include an aggregate limit per location endorsement. Such liability insurance shall be primary and not contributing to any insurance available to Landlord and Landlord's insurance shall be in excess thereto. In no event shall the limits of such insurance be considered as limiting the liability of Tenant under this Lease; (ii) Personal property insurance insuring all equipment trade fixtures, inventory fixtures and personal property located within the Premises for perils covered by the causes of loss -- special form (all risk) and in addition, coverage for flood, earthquake and boiler and machinery (if applicable). Such insurance shall be written on a replacement cost basis in an amount equal to one hundred percent (100%) of the full replacement cost thereofvalue of the aggregate of the foregoing; (3iii) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (5) workers’ compensation insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ Workers' compensation insurance in accordance with statutory laws and employers' liability insurance with a minimum amount limit of not less than One Hundred Thousand Dollars ($100,000) per employee and Five Hundred Thousand Dollars ($500,000)) per occurrence; (6iv) employer’s liability Business interruption and/or loss of rental insurance in an amount equivalent to six (6) months Rent and increases in Operating Costs and Property Taxes payable by Tenant hereunder which shall not contain a deductible greater than an amount equal to seventy-two (72) hours of the Rent in effect at least $500,000 per occurrencesuch time (or an equivalent amount expressed in dollars) and which shall name Landlord as an additional insured; and (7v) umbrella liability Such other insurance that follows form in excess of the limits specified in (1), (4) as Landlord deems necessary and (6) above, of no less than $4,000,000 per occurrence and in the aggregate. Any company underwriting any of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, a Best’s rating of not less than A- and a Financial Size Category of not less than VIII. All commercial general liability, business automobile liability and umbrella liability insurance policies shall name Landlord (prudent or any successor), Landlord’s property manager, Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as “additional insureds” and shall be primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 days’ advance written notice Landlord's beneficiaries or mortgagees of any change, cancellation, termination deed of trust or lapse of insurance. Tenant shall provide Landlord with a certificate of insurance and all required endorsements evidencing Tenant’s Insurance prior to mortgage encumbering the earlier to occur of the Commencement Date or the date Tenant is provided access to the Premises for any reason, and upon renewals at least 10 days prior to the expiration of the insurance coverage. All of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s liability under this LeasePremises.

Appears in 1 contract

Samples: Ace Comm Corp

Tenant’s Insurance. Tenant shall maintain the following insurance (“Tenant’s Insurance”), at its sole cost and expense: (1) commercial general liability insurance applicable to the Premises and its appurtenances providing, on an occurrence basis, a per occurrence limit of no less than One Million and No/100 Dollars ($1,000,0001,000,000.00); (2) causes of loss-special form (formerly “all risk”) property insurance, including flood and earthquake, covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”) in the amount of the full replacement cost thereof; (3) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of One Million and No/100 Dollars ($1,000,0001,000,000.00); (5) workers’ compensation insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of Five Hundred Thousand and No/100 Dollars ($500,000500,000.00)); (6) employer’s liability insurance in an amount of at least Five Hundred Thousand and No/100 Dollars ($500,000 500,000.00) per occurrence; and (7) umbrella liability insurance that follows form in excess of the limits specified in (1), (4) and (6) above, of no less than Four Million and No/100 Dollars ($4,000,000 4,000,000.00) per occurrence and in the aggregate. Any company underwriting any of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, a Best’s rating of not less than A- and a Financial Size Category of not less than VIII. All commercial general liability, business automobile liability and umbrella liability insurance policies shall name Landlord (or any successor), Landlord’s property manager, Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as “additional insureds” and shall be primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below seventy-five percent (75% %) of the limit required by this Lease, Tenant will notify Landlord in writing within 10 ten (10) days of the date of reduction. All policies of Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 thirty (30) days’ advance written notice of any change, cancellation, termination or lapse of insurance. Tenant shall provide Landlord with a certificate of insurance and all required endorsements evidencing Tenant’s Insurance prior to the earlier to occur of the Commencement Date or the date Tenant is provided access to the Premises for any reason, and upon renewals at least 10 ten (10) days prior to the expiration of the insurance coverage. All of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s liability under this Lease.

Appears in 1 contract

Samples: Office Lease (Safety Quick Lighting & Fans Corp.)

Tenant’s Insurance. Tenant shall maintain the following insurance (“Tenant’s Insurance”), at its sole cost and expense: (1) commercial general liability insurance applicable to the Premises and its appurtenances providing, on an occurrence basis, a per occurrence limit of no less than $1,000,000; (2) causes of loss-special form (formerly “all risk”) property insurance, including flood and earthquake, covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”) in the amount of the full replacement cost thereof; (3) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (5) workers’ compensation insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000); (6) employer’s liability insurance in an amount of at least $500,000 per occurrence; and (7) umbrella liability insurance that follows form in excess of the limits specified in (1), (4) and (6) above, of no less than $4,000,000 per occurrence and in the aggregate. Any company underwriting any of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, a Best’s rating of not less than A- and a Financial Size Category of not less than VIII. All commercial general liability, business automobile liability and umbrella liability insurance policies shall name Landlord (or any successor), Landlord’s property managermanager (if an Affiliate of Landlord), Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as “additional insureds” and shall be primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination or lapse of insurance. Tenant shall provide Landlord with a certificate of insurance and all required endorsements evidencing Tenant’s Insurance prior to the earlier to occur of the Commencement Date or the date Tenant is provided access to the Premises for any reason, and upon renewals at least 10 days prior to the expiration of the insurance coverage. All of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s liability under this Lease.

Appears in 1 contract

Samples: Office Lease (Wells Real Estate Fund Ii)

Tenant’s Insurance. Tenant shall maintain the following insurance (“Tenant’s Insurance”), at its sole cost and expense: (1) commercial general liability insurance applicable to the Premises and its appurtenances providing, on an occurrence basis, a per occurrence limit of no less than $1,000,0002,000,000 and, in the aggregate, no less than $4,000,000; (2) causes of loss-special form (formerly “all risk”) property insurance, including flood and earthquake, covering all above building standard leasehold improvements and Tenant’s Tenants trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”) in the amount of the full replacement cost thereof; (3) business income (formerly “business interruption”) insurance written on an en actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, hired and nonowned non-owned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (5) workers’ workers compensation insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000); and (6) employer’s liability insurance in an amount of at least $500,000 per occurrence; and (7) umbrella liability insurance that follows form in excess of the limits specified in (1), (4) and (6) above, of no less than $4,000,000 per occurrence and in the aggregate. Any company underwriting any of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, a Best’s rating of not less than A- and a Financial Size Category of not less than VIII. , All commercial general liability, business automobile liability and umbrella liability insurance policies shall name Landlord (or any successor), Landlord’s property manager, Landlord’s Mortgagee (if any), and their respective members, principals, beneficiariesbeneficlarics, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as “additional insureds” and shall be primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination or lapse of insurance. Tenant shall provide Landlord with a certificate of insurance and all required endorsements evidencing Tenant’s Insurance prior to the earlier to occur of the Commencement Date or the date Tenant is provided access to the Premises for any reason, and upon renewals at least 10 days prior to the expiration of the insurance Insurance coverage. All of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s liability under this Lease.

Appears in 1 contract

Samples: Sublease Agreement (Tropicana Entertainment Inc.)

Tenant’s Insurance. Tenant shall maintain the following insurance (“Tenant’s Insurance”), at its sole cost and expense: (1) commercial general liability insurance applicable to the Premises and its appurtenances providing, on an occurrence basis, a per occurrence limit of no less than $1,000,000; (2) causes of loss-special form (formerly “all risk”) property insurance, including flood and earthquake, covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”) in the amount of the full replacement cost thereof; (3) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (5) workers’ compensation insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000); (6) employer’s liability insurance in an amount of at least $500,000 per occurrence; and (7) umbrella liability insurance that follows form in excess of the limits specified in (1), (4) and (6) above, of no less than $4,000,000 per occurrence and in the aggregate. Any company underwriting any of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, a Best’s rating of not less than A- and a Financial Size Category of not less than VIIIVII. All insurance coverage required to be carried by Tenant may be effected by a policy or policies of blanket insurance. All commercial general liability, business automobile liability and umbrella liability insurance policies shall name Landlord (or any successor), Landlord’s property manager, Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as “additional insureds” and shall be primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination or lapse of insurance. Tenant shall provide Landlord with a certificate of insurance and all required endorsements evidencing Tenant’s Insurance prior to the earlier to occur of the Commencement Date or the date Tenant is provided access to the Premises for any reason, and upon renewals at least 10 days prior to the expiration of the insurance coverage. All of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s liability under this Lease.

Appears in 1 contract

Samples: Office Lease (Wells Mid-Horizon Value-Added Fund I LLC)

Tenant’s Insurance. Tenant shall maintain the following insurance (“Tenant’s Insurance”), at its sole cost and expense: (1) commercial general liability insurance applicable to the Premises and its appurtenances providing, on an occurrence basis, a per occurrence limit of no less than $1,000,000; (2) causes of loss-special form (formerly “all risk”) property insurance, including flood and earthquake, insurance covering all above building standard leasehold improvements made by Tenant and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”) in the amount of the full replacement cost thereof; (3) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losseslosses sustained by Tenant; (4) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (5) workers’ compensation insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000); (6) employer’s liability insurance in an amount of at least $500,000 per occurrenceaccident, $500,000 disease each employee, $500,000 disease policy limit; and (7) umbrella liability insurance that follows form in excess of the limits specified in (1), (4) and (6) above, of no less than $4,000,000 2,000,000 per occurrence and in the aggregate. Any company underwriting any of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, a Best’s rating of not less than A- and a Financial Size Category of not less than VIII. All commercial general liability, business automobile liability and umbrella liability insurance policies shall name Landlord (or any successor), LandlordXxxxxxxx’s property manager, LandlordXxxxxxxx’s Mortgagee mortgagee (including the beneficiary under a deed of trust), if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as “additional insureds” and shall be primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination or lapse of insurance. Tenant shall provide Landlord with a certificate of insurance and all required endorsements evidencing Tenant’s Insurance prior to the earlier to occur of the Commencement Date commencement date of the term of this Lease or the date Tenant is provided access to the Premises for any reason, and upon renewals at least 10 days prior to the expiration of the insurance coverage. All of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s liability under this Lease.

Appears in 1 contract

Samples: Business Property Lease (CleanCore Solutions, Inc.)

Tenant’s Insurance. Effective as of the earlier of (1) the date Tenant enters or occupies the Premises, or (2) the Commencement Date, and continuing throughout the Term, Tenant shall maintain the following insurance (“Tenant’s Insurance”), at its sole cost and expensepolicies: (1A) commercial general liability insurance applicable in amounts of $5,000,000 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 Premises commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord's property management company, Landlord's asset management company and, if requested in writing by Landlord, Landlord's Mortgagee, against all liability for injury to or death of a person or persons or damage to property arising from the use and its appurtenances providingoccupancy of the Premises, on an occurrence basis(B) intentionally omitted, a per occurrence limit (C) insurance covering the full value of no less than $1,000,000; (2) causes of loss-special form (formerly “all risk”) property insurancefurniture, including flood trade fixtures and earthquake, covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”including property of Tenant or others) in the amount Premises or otherwise placed in the Project by or on behalf of the full replacement cost thereof; a Tenant Party, (3D) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile contractual liability insurance sufficient to cover all ownedTenant's indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant's commercial general liability insurance policy), hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (5E) workers’ worker's compensation insurance as at the minimum required by the state in which the Premises is located and in amounts as may be required by applicable statute Law, (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000); (6F) employer’s liability insurance in an amount with minimum coverage of at least $500,000 1,000,000 per occurrence; and (7) umbrella liability insurance that follows form in excess of the limits specified in (1), (4) and (6) above, of no less than $4,000,000 per occurrence accident and in the aggregate, (G) business auto liability with a minimum coverage of $1,000,000 per accident and in the aggregate, and (H) business interruption insurance in an amount reasonably acceptable to Landlord. Any company underwriting any of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, a Best’s rating of not less than A- and a Financial Size Category of not less than VIII. All The commercial general liability, business automobile liability and umbrella liability insurance policies to be maintained by Tenant may have a deductible of no more than $10,000 per occurrence; the property insurance to be maintained by Tenant may have a deductible of no more than $50,000 per occurrence; and, all other insurance to be maintained by Tenant shall name have no deductible. Tenant's insurance shall provide primary coverage to Landlord (when any policy issued to Landlord provides duplicate or any successor), Landlord’s property manager, Landlord’s Mortgagee (if any)similar coverage, and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of in such designees shall appear, as “additional insureds” and shall circumstance Landlord's policy will be primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of excess over Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination or lapse of insurance's policy. Tenant shall provide furnish to Landlord with a certificate certificates of such insurance and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required endorsements evidencing Tenant’s Insurance hereunder at least ten days prior to the earlier to occur of the Commencement Date or the date Tenant is provided access to enters or occupies the Premises for any reasonPremises, and upon renewals at least 10 15 days prior to each renewal of said insurance, and Tenant shall obtain a written obligation on the expiration part of the each insurance coveragecompany 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, and issued by companies with a Best's rating of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if anyA+:VII or better, reasonably acceptable satisfactory to Landlord. The limits If Tenant fails to comply with the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of Tenant’s insurance coverage required herein, Landlord, in addition to any other remedy available pursuant to this Lease or otherwise, may, but shall not limit Tenant’s liability under this Leasebe obligated to, obtain such insurance and Tenant shall pay to Landlord on demand the premium costs thereof, plus an administrative fee of 10% of such cost.

Appears in 1 contract

Samples: Lease Agreement (Alco Stores Inc)

Tenant’s Insurance. Landlord shall not be obligated to maintain fire and extended coverage insurance for Tenant's fixtures, equipment and other personal property located on the Premises, and the proceeds of any such insurance maintained by Landlord shall not be available for any of Tenant's fixtures, equipment and other personal property locate din the Premises. Tenant shall maintain such insurance as may be required by Landlord's lender or by any government agency. In addition, Tenant shall maintain the following amounts and types of insurance commencing as of the Commencement Date and continuing for the term of this Lease: (i) liability insurance coverages relating to the Premises, adjacent sidewalks and stairways and Tenant’s Insurance”'s use of the Theater (hereinafter defined), at its sole cost and expenseas follows: (1A) commercial comprehensive and broad form general liability insurance applicable to the Premises and its appurtenances providing, on an occurrence basis, a per occurrence limit of no less than $1,000,000; (2) causes of loss-special form (formerly “all risk”) property insurance, including flood and earthquake, covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”) in the amount of the full replacement cost thereof; (3) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (5) workers’ compensation insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000); (6) employer’s liability insurance in an amount of at least not less than $500,000 per occurrence1,000,000, combined single limit; (B) if, and only if, Tenant owns or hires motor vehicles, liability insurance for owned and hired vehicles, in an amount not less than $1,000,000, combined single limit; (C) workers' compensation, as required by law, and employer's liability in an amount not less than $100,000; and (7ii) umbrella or excess liability insurance that follows form coverage in an amount not less than $5,000,000. The required coverages, in excess of the limits specified in (1), (4) and (6) above, of no less than $4,000,000 per occurrence and in the aggregate. Any company underwriting any of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, a Best’s rating base coverage of not less than A- $1,000,000, may be provided by a blanket, multi-location policy, if such policy provides a separate aggregate limit per occurrence for the benefit of the Premises and a Financial Size Category of not less than VIIIthe Building. All commercial general liability, business automobile liability and umbrella liability required insurance policies shall name Landlord (or any successor), Landlord’s property manager, Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as “an additional insureds” insured; and shall provide that such policies shall not be primary with canceled, nor shall any material change by made to the policy, without at least thirty (30) days' prior written notice to Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s Insurance insurers shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination be rated A-X or lapse of insurancebetter by Best's. Tenant shall provide Landlord with a certificate of certificates evidencing the required insurance and all required endorsements evidencing Tenant’s Insurance prior to the earlier to occur of the Commencement Date or coverages within fifteen (15) days after the date Tenant is provided access to the Premises for any reason, and upon renewals at least 10 days prior to the expiration of the insurance coverage. All of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s liability under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Vistacare Inc)

Tenant’s Insurance. Commencing as of the Delivery Date (or any prior date on which Tenant or Tenant’s Contractors, agents or vendors have access to the Premises), Tenant shall maintain the following insurance (“Tenant’s Insurance”), at its sole cost and expense: ): (1a) commercial general liability insurance Commercial General Liability Insurance (“CGL Insurance”) applicable to the use and occupancy of the Premises and its appurtenances providing, on an occurrence basis, a minimum combined single limit of $2,000,000.00 per occurrence limit and $5,000,000.00 in the aggregate (such limits may be achieved by a combination of no less than $1,000,000primary and umbrella coverages); (2b) causes Property/Business Interruption Insurance written on an All Risk or Special Cause of loss-special form (formerly “all risk”) property insuranceLoss Form, including flood sprinkler leakage, at replacement cost value and earthquake, with a replacement cost endorsement covering all above building standard leasehold improvements and of Tenant’s business and trade fixtures, equipment, furniture movable partitions, furniture, merchandise and other personal property within the Premises (“Tenant’s Property”) in and any Leasehold Improvements performed by or for the amount benefit of the full replacement cost thereofTenant; (3c) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (5) workersWorkerscompensation insurance as Compensation Insurance in amounts required by the state in which the Premises is located Law; and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000); (6d) employer’s liability insurance in an amount Employers Liability Coverage of at least $500,000 1,000,000.00 per occurrence; and (7) umbrella liability insurance that follows form in excess of the limits specified in (1), (4) and (6) above, of no less than $4,000,000 per occurrence and in the aggregate. Any company underwriting any of writing Tenant’s Insurance shall have, according be authorized to do business in California and have an A.M. Best Insurance Guide, a Best’s rating of not less than A- and a Financial Size Category of not less than VIIIA-VII. All commercial general Commercial General Liability Insurance policies shall be written to apply to all bodily injury (including death), property damage and personal injury losses, shall include blanket contractual liability, business automobile broad form property damage, independent contractor’s coverage, completed operations, products liability, cross liability and umbrella liability insurance policies severance of interest clauses, and shall name designate as additional insureds (collectively, the “Landlord Additional Insureds”) Landlord (or its successors and assignees), the managing agent for the Building (or any successor), Landlord’s property manager, Landlord’s Mortgagee (if any), ) and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord and its successors as the interest of such designees shall appear, as “additional insureds” appear and shall be primary with and noncontributory to any insurance which may be carried by Landlord. In addition, Landlord (and at Landlord’s policy being secondary and noncontributory. If option any aggregate limit is reduced because Holder of losses paid a Security Document) shall be named as a loss payee with respect to below 75% of Property Insurance on the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reductionLeasehold Improvements. All policies of Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination termination, material change or lapse of insurance. However, Landlord acknowledges that, as of the Effective Date, many insurers are unwilling to provide third parties (such as Landlord) notice of cancellation, termination, material change and/or lapse of coverage; Tenant will use good faith efforts to obtain such a commitment from its insurers but if Tenant is unable to obtain such commitment from any of its insurers, Landlord agrees that Tenant’s obligations pursuant to the provisions of the immediately preceding sentence shall instead be to (i) promptly provide Landlord with notice of Tenant’s receipt of any such notice of cancellation, termination, material change or lapse from Tenant’s insurer, and (ii) provide Landlord with certificates of insurance evidencing replacement policies of insurance not less than ten (10) business days prior to any cancellation, termination, material change or lapse of insurance. Tenant shall provide Landlord with a certificate of insurance and all required endorsements evidencing Tenant’s Insurance prior to the earlier to occur of the Commencement Date or the date Tenant is provided access to the Premises for any reason, and upon renewals at least 10 days prior to the expiration of the insurance coverage. All of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s liability under this Lease.Date

Appears in 1 contract

Samples: Lease Agreement (PagerDuty, Inc.)

Tenant’s Insurance. Tenant shall maintain obtain and maintain, at its sole cost and expense throughout the Term of this Lease, the following insurance (“Tenant’s Insurance”), at its sole cost and expense: ): (1) commercial general liability insurance Commercial General Liability Insurance applicable to the Premises and its appurtenances providingproviding coverage, on an occurrence basis, a minimum $1,000,000 per occurrence limit of no less than and $1,000,0002,000,000 in the aggregate; (2) causes All Risk Property Insurance (and business interruption insurance for Rent for a period of loss-special form not less than twelve (formerly “all risk”12) property insurance, months) including flood and earthquakeearthquake coverage, written at 100% of replacement cost value and with a replacement cost endorsement covering all above building standard leasehold improvements of Tenant’s Property and Tenant’s trade fixtures, equipment, furniture and other personal property within improvements to the Premises (“Tenant’s Property”) in the amount of the full replacement cost thereofPremises; (3) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (5) workersWorkerscompensation insurance Compensation Insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000)statute; (64) employer’s liability insurance in an amount Employers Liability Coverage (including, without limitation, coverage for accidents and disease) of at least $500,000 per occurrence; and (7) umbrella liability insurance that follows form in excess of the limits specified in (1), (4) and (6) above, of no less than $4,000,000 1,000,000.00 per occurrence and in the aggregate; (5) umbrella liability coverage for comprehensive general liability insurance and Employer’s Liability Insurance of not less than $10,000,000.00 per occurrence and in the aggregate; and (6) such additional insurance coverages as may be necessary to comply with applicable Laws. Any company underwriting writing any of Tenant’s Insurance shall have, according to have an A.M. Best Insurance Guide, a Best’s rating of not less than A- and a Financial Size Category of not less than VIIIA IX. All commercial general liability, business automobile liability and umbrella liability insurance Commercial General Liability Insurance policies shall be primary and non-contributory and name Tenant as a named insured and Landlord (or any successor), Landlord’s property manager, Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as additional insureds” and shall be primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 thirty (30) days’ advance written notice of any change, cancellation, termination or lapse of insurance; provided, however, if such endorsements are not, despite good faith reasonable efforts, available, then Tenant shall notify Landlord not less than five (5) days after Tenant is notified of any material change, cancellation, termination or lapse of insurance. Tenant shall provide Landlord with a certificate of insurance and all required endorsements evidencing Tenant’s Insurance prior to the earlier to occur of the Commencement Date or the date Tenant is provided access to with possession of the Premises for any reason, and upon renewals at least 10 fifteen (15) days prior to the expiration of the insurance coverage. All Upon request of Landlord and in the event of any claim, Tenant shall deliver copies of the policies for Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance Insurance shall not limit Tenant’s the liability of Tenant under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Vor Biopharma Inc.)

Tenant’s Insurance. Tenant shall maintain the following insurance (“Tenant’s Insurance”), will purchase at its sole cost and expense: (1) a policy of commercial general liability insurance applicable covering the Leased Premises and the business conducted by Tenant there. The policy will be kept in force during the entire Term. The policy will (a) have minimum limits of liability of (1) $3,000,000 for bodily injury and property damage with respect to any one occurrence and (2) $3,000,000 with respect to the Premises aggregate, and its appurtenances providing, on an occurrence basis, a per occurrence limit (b) include umbrella coverage of no not less than $1,000,000; 10,000,000. Tenant shall also carry (2i) causes of loss-special form (formerly “all risk”) property insurance, including flood and earthquake, covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”) in the amount of insurance for the full replacement cost thereofof all Tenant’s personal property, including furniture, trade fixtures and equipment located at the Leased Premises and on all alterations, additions and improvements (including fixtures) made by Tenant to the Building or the Property, and Landlord shall have no obligation or liability therefor; (3) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4ii) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (5iii) workers’ compensation insurance as required by the state in which the Premises is located Commonwealth of Pennsylvania and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000); and (6iv) employer’s liability insurance in an amount of at least $500,000 per occurrence; and (7) umbrella liability insurance that follows form in excess of the limits specified in (1), (4) and (6) above, of no less than $4,000,000 per occurrence and in the aggregate. Any company underwriting any of Tenant’s Insurance insurance shall have, according to A.M. Best Insurance Guide, a Best’s rating of not less than A- and a Financial Size Category of not less than VIII. All commercial general liability, business automobile liability and umbrella liability insurance policies shall name Landlord (or any successor), CB Xxxxxxx Xxxxx Realty Trust, Landlord’s property manager, Landlord’s Mortgagee mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as “additional insureds” and such insurance shall be primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination or lapse of insurance. Tenant shall provide Landlord with a certificate of insurance and all required endorsements evidencing Tenant’s Insurance insurance prior to the earlier to occur of the Lease Commencement Date or the date Tenant is provided access to the Leased Premises for any reason, and upon renewals at least 10 ten (10) days prior to the expiration of the insurance coverage. All of Tenant’s Insurance insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s liability under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Endo Pharmaceuticals Holdings Inc)

Tenant’s Insurance. Tenant shall maintain the following insurance (“Tenant’s Insurance”), at its sole cost and expense: (1) commercial general liability insurance applicable to the Premises and its appurtenances providing, on an occurrence basis, a per occurrence limit of no less than $1,000,000; (2) causes of loss-special form (formerly “all risk”) property insurance, including flood and earthquake, covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”) in the amount of the full replacement cost thereof; (3) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (5) workers’ compensation insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000); (6) employer’s liability insurance in an amount of at least $500,000 per occurrence; and (7) umbrella liability insurance that follows form in excess of the limits specified in (1), (4) and (6) above, of no less than $4,000,000 3,000,000 per occurrence and in the aggregate. Any company underwriting any of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, a Best’s rating of not less than A- and a Financial Size Category of not less than VIII. All commercial general liability, business automobile liability and umbrella liability insurance policies shall name Landlord (or any successor), Landlord’s property manager, Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as “additional insureds” and shall be primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination or lapse of insurance. Tenant shall provide Landlord with a certificate of insurance and all required endorsements evidencing Tenant’s Insurance prior to the earlier to occur of the Commencement Date or the date Tenant is provided access to the Premises for any reason, and upon renewals at least 10 days prior to the expiration of the insurance coverage. All of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s liability under this Lease.

Appears in 1 contract

Samples: Office Lease (NetSpend Holdings, Inc.)

Tenant’s Insurance. At all times during the term hereof, Tenant shall maintain in full force and effect with respect to the following insurance (“Premises and Tenant’s use thereof, commercial general liability insurance, naming Landlord, Landlord’s agent and Landlord’s mortgagee (and such other parties as Landlord may request in writing) as additional insureds, covering injury to persons in amounts at least equal to $2,000,000.00 per occurrence and $2,000,000.00 general aggregate. In addition to commercial general liability insurance, Tenant shall also be responsible, at Tenant’s own cost, to keep and maintain (i) insurance in respect of and covering Tenant’s own furniture, furnishings, equipment and other personal property, and all improvements made by or on behalf of Tenant, all insured for the replacement cost thereof, against all risks and hazards, including but not limited to sprinkler and leakage damage, and theft (collectively, “Personal Property Insurance”), at its sole cost and expense: (1) commercial general liability insurance applicable to the Premises and its appurtenances providing, on an occurrence basis, a per occurrence limit of no less than $1,000,000; (2) causes of loss-special form (formerly “all risk”) property insurance, including flood and earthquake, covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”) in the amount of the full replacement cost thereof; (3) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (5ii) workers’ compensation insurance as required by the state with respect to and covering all employees and agents of Tenant in which the Premises is located accordance with applicable law. With respect to Tenant’s commercial general liability insurance and Personal Property Insurance, (i) no insurance coverage shall contain a deductible in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount excess of $500,00050,000.00 and $10,000.00, respectively, without the prior written consent of Landlord (which consent will not be unreasonably withheld); , (6ii) employerall deductibles shall be paid by Tenant, assumed by Tenant, for the account of Tenant, and at Tenant’s liability insurance sole risk, (iii) Tenant’s insurer shall be licensed or authorized to do business in an amount the State of New Jersey and shall have a policyholder rating of at least $500,000 per occurrence; A- and be assigned a financial size category of at least Class IX as rated in the most recent edition of “Best’s Key Rating Guide” for insurance companies or a rating of at least AAA as rated by Standard & Poor’s, (7iv) umbrella liability such insurance that follows form in excess coverage provided shall be endorsed to be primary to any and all insurance carried by Landlord, with Landlord’s insurance being excess, secondary and non-contributing, (v) Landlord, and provided Landlord delivers written notice to Tenant of the limits specified in (1), (4) and (6) above, of no less than $4,000,000 per occurrence and in the aggregate. Any company underwriting any of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, a Best’s rating of not less than A- and a Financial Size Category of not less than VIII. All commercial general liability, business automobile liability and umbrella liability insurance policies shall name Landlord (or any successor)identity thereof, Landlord’s property manager, Landlord’s Mortgagee (if any)manager of the Building and all holders of a deed to secure debt or other such security instrument and the landlord under any underlying lease shall be an additional insured on all such policies, and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as “additional insureds” and shall be primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All (vi) all policies of liability insurance specified in this Lease shall specifically insure Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination or lapse of insurance. Tenant shall provide Landlord with a certificate of insurance and all required endorsements evidencing Tenant’s Insurance prior to the earlier to occur of the Commencement Date or the date Tenant is provided access to the Premises for any reason, and upon renewals at least 10 days prior to the expiration of the insurance coverage. All of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s contractual liability under this Lease. Tenant shall also carry, at Tenant’s own cost and expense, such other insurance, in amounts and for coverages and on such other terms as Landlord may from time to time deem commercially reasonable and appropriate, provided that such coverages and amount are consistent with those being required of landlords of other comparable properties in the geographic area in which the Property is located. Tenant assumes all risk of loss of any or all of its personal property. Each of the foregoing policies shall require the insurance carrier to give at least thirty (30) days prior written notice (ten (10) days in the case of non-payment) to Landlord and to any mortgagee named in an endorsement thereto of any cancellation thereof, and each such policy shall be issued by an insurer and in a form satisfactory to Landlord. Tenant shall lodge with Landlord at or prior to the Commencement Date evidence of the insurance required hereunder acceptable to Landlord, together with evidence of paid-up premiums, which evidence shall include, if required by Landlord, a duplicate original of such commercial general liability insurance policy, certificates of insurance for Personal Property Insurance and such workers’ compensation insurance, and duplicate originals or certificates of such insurance that Landlord may require Tenant to carry from time to time, and shall lodge with Landlord renewals thereof at least fifteen (15) days prior to expiration.

Appears in 1 contract

Samples: Princeton South Corporate Center Office Lease (Celator Pharmaceuticals Inc)

Tenant’s Insurance. Tenant shall maintain At all times after the following insurance (“Tenant’s Insurance”), at its sole cost and expense: (1) commercial general liability insurance applicable to the Premises and its appurtenances providing, on an occurrence basis, a per occurrence limit execution of no less than $1,000,000; (2) causes of loss-special form (formerly “all risk”) property insurance, including flood and earthquake, covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”) in the amount of the full replacement cost thereof; (3) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (5) workers’ compensation insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000); (6) employer’s liability insurance in an amount of at least $500,000 per occurrence; and (7) umbrella liability insurance that follows form in excess of the limits specified in (1), (4) and (6) above, of no less than $4,000,000 per occurrence and in the aggregate. Any company underwriting any of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, a Best’s rating of not less than A- and a Financial Size Category of not less than VIII. All commercial general liability, business automobile liability and umbrella liability insurance policies shall name Landlord (or any successor), Landlord’s property manager, Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as “additional insureds” and shall be primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days carry and maintain, at its expense with insurance companies reasonably acceptable to Landlord: (i) a commercial general liability insurance policy, including insurance against assumed or contractual liability under this Lease, for liability arising out of the date ownership, use, occupancy or maintenance of reduction. All policies the Premises and all areas appurtenant thereto, to afford protection with respect to bodily injury, death or property damage (including loss of use) of not less than One Million Dollars ($1,000,000) each occurrence/Two Million Dollars ($2,000,000) aggregate; (ii) an all-risks property and 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 Insurance property; (iii) a worker’s compensation insurance policy with applicable statutory limits, (iv) automobile liability with single limit coverage of at least $1,000,000 for all owned, leased/hired or non-owned vehicles, and (v) an excess liability policy “following form” of not less than Three Million Dollars ($3,000,000), including a “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, constructions all risk/builder’s risks (including loss of revenue), professional errors and omissions liability and equipment and tools. Each liability policy shall contain endorsements that include an "Additional Insured Endorsement" in favor of Parkway Properties, Inc., its subsidiaries and affiliated companies, as well as the insurer(s) shall give employees, officers, directors and agents of such companies and any other designees of Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination or lapse of insuranceshall be primary. Tenant shall provide Landlord with a An XXXXX 25 certificate of such insurance and all required endorsements evidencing Tenant’s Insurance prior in a form reasonably satisfactory to Landlord, or certified copies of the policies, shall be furnished to Landlord on or before the earlier to occur of the Commencement Date or ten (10) days after execution of the date Tenant is provided access to Lease, reflecting the Premises for any reasonlimits and endorsements required herein, and upon renewals renewal XXXXX 25 certificates or certified copies of renewal policies shall be delivered to Landlord at least 10 thirty (30) days prior to the expiration date of the insurance coverageany policy. All Each policy shall require notice of Tenant’s Insurance policies, endorsements non-renewal to Landlord and certificates will shall further provide that it may not be on forms and with deductibles and self-insured retention, if any, reasonably acceptable altered or canceled without thirty (30) days prior notice to Landlord. The 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. All policies required to be maintained hereunder shall include a waiver of Tenant’s insurance shall not limit Tenant’s liability under this Leasesubrogation in favor of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Hyperdynamics Corp)

Tenant’s Insurance. Tenant shall maintain the following insurance (“Tenant’s Insurance”)obtain and maintain, at its sole cost and expense: expense throughout the Term of this Lease, the following insurance ("Tenant's Insurance"): (1) commercial general liability insurance Commercial General Liability Insurance applicable to the Premises and its appurtenances providingproviding coverage, on an occurrence basis, a minimum of $5,000,000 per occurrence limit of no less than $1,000,000and in the aggregate; (2) causes All Risk Property Insurance (and business interruption insurance for Rent for a period of loss-special form not less than twelve (formerly “all risk”12) property insurance, months) including flood and earthquakeearthquake coverage, written at 100% of replacement cost value and with a replacement cost endorsement covering all above building standard leasehold improvements of Tenant's Property and Tenant’s trade fixtures, equipment, furniture and other personal property within 's improvements to the Premises (“Tenant’s Property”) in the amount of the full replacement cost thereofPremises; (3) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (5) workers’ compensation insurance Workers' Compensation Insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000)statute; (64) employer’s liability insurance in an amount Employers Liability Coverage (including, without limitation, coverage for accidents and disease) of at least $500,000 1,000,000.00 per occurrenceoccurrence and in the aggregate; and (75) umbrella liability coverage for comprehensive general liability insurance that follows form in excess and Employer's Liability Insurance of the limits specified in (1), (4) and (6) above, of no not less than $4,000,000 5,000,000.00 per occurrence and in the aggregate. Any company underwriting writing any of Tenant’s 's Insurance shall have, according to have an A.M. Best Insurance Guide, a Best’s rating of not less than A- and a Financial Size Category of not less than VIIIA IX. All commercial general liability, business automobile liability and umbrella liability insurance Commercial General Liability Insurance policies shall be primary and non-contributory and name Tenant as a named insured and Landlord (or any successor), Landlord’s 's property manager, Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as additional insureds” and shall be primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s 's Insurance shall contain endorsements that the insurer(s) shall endeavor to give Landlord and its designees at least 30 thirty (30) days' advance written notice of any change, cancellation, termination or lapse of insurance. Tenant shall provide Landlord with a certificate of insurance and all required endorsements evidencing Tenant’s 's Insurance prior to the earlier to occur of the Commencement Date or the date Tenant is provided access to with possession of the Premises for any reason, and upon renewals at least 10 fifteen (15) days prior to the expiration of the insurance coverage. All of Tenant’s Insurance policiesExcept as may be specifically provided to the contrary, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The the limits of Tenant’s either party's insurance shall not limit Tenant’s such party's liability under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Trillium Therapeutics Inc.)

Tenant’s Insurance. Except as described in Rider 3 attached hereto, Tenant shall maintain the following insurance (“Tenant’s Insurance”), at its sole cost and expense: (1) commercial general liability insurance applicable to the Premises and its appurtenances providing, on an occurrence basis, a per occurrence limit of no less than $1,000,000; (2) causes of loss-special form (formerly “all risk”) property insurance, including flood and earthquakeearthquake (subject to Rider 3), covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”) in the amount of the full replacement cost thereof; (3) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losseslosses (subject to Rider 3); (4) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (5) workers’ compensation insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000); (6) employer’s liability insurance in an amount of at least $500,000 per occurrence; and (7) umbrella liability insurance that follows form in excess of the limits specified in (1), (4) and (6) above, of no less than $4,000,000 5,000,000 per occurrence and in the aggregate. Any company underwriting any of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, a Best’s rating of not less than A- and a Financial Size Category of not less than VIII. All commercial general liability, business automobile liability and umbrella liability insurance policies shall name Landlord (or any successor), Landlord’s property manager, manager and Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as “additional insureds” and shall be primary as to Claims arising within the Premises with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination or lapse of insurance. Tenant shall provide Landlord with a certificate of insurance and all required endorsements evidencing Tenant’s Insurance prior to the earlier to occur of the Commencement Date or the date Tenant is provided access to the Premises for any reason, and upon renewals at least 10 days prior to the expiration of the insurance coverage. All of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s liability under this Lease.

Appears in 1 contract

Samples: Office Lease (Cardium Therapeutics, Inc.)

Tenant’s Insurance. From and after the Commencement Date, Tenant shall maintain the following insurance (“Tenant’s Insurance”), at its sole cost and expense: (1) commercial general liability insurance applicable to the Premises and its appurtenances providing, on an occurrence basis, a per occurrence limit of no less than $1,000,0001,000,000 and a $2,000,000 general aggregate limit; (2) causes of loss-special form (formerly “all risk”) property insurance, including flood covering the Data Center and earthquake, covering all above building standard leasehold other improvements and Alterations constructed and installed on the Land from time to time during the Term, and all of Tenant’s trade fixtures, equipment, furniture and other personal property located on or within the Premises (“Tenant’s Personal Property”) from time to time during the Term, in the amount of the full replacement cost thereofthereof (“Tenant’s Property Insurance”); (3) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, hired and nonowned non-owned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (54) workers’ compensation insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute State of Texas, (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000); (65) employer’s liability insurance in an amount of at least $500,000 1,000,000 per occurrence; and (76) umbrella liability insurance that follows form in excess of the limits specified in (1), (43) and (65) above, of no less than $4,000,000 per occurrence and 1,000,000 in the aggregate. Any company underwriting any of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, a Bestliability insurance must provide contractual liability coverage covering Tenant’s rating of not less than A- and a Financial Size Category of not less than VIIIliability under this Lease. All commercial general liability, business automobile liability and umbrella liability insurance policies shall name Landlord (or any successor), Landlord’s property manager, Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of reasonably required by Landlord as the interest of such designees shall appear, as “additional insureds” and shall be primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s Property Insurance shall contain endorsements that the insurer(sname Landlord (or any successor) shall give Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination or lapse of insurance. Tenant shall provide Landlord with a certificate of insurance and all required endorsements evidencing TenantXxxxxxxx’s Insurance prior to the earlier to occur of the Commencement Date or the date Tenant is provided access to the Premises for any reason, and upon renewals at least 10 days prior to the expiration of the insurance coverage. All of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, Mortgagee (if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s liability ) as additional named insureds and loss payee under this Leasesuch policy or policies.

Appears in 1 contract

Samples: Data Center Lease (Cipher Mining Inc.)

Tenant’s Insurance. Tenant shall maintain obtain and keep in full force and effect the following insurance (“Tenant’s Insurance”), at its sole cost and expensecoverages: (1i) commercial general liability insurance applicable insurance, including bodily injury, property damage, premises (including the use or occupancy of the Premises, the Building, and all areas appurtenant to the Premises and its appurtenances providingthe Building, including any parking areas and areas outside the Premises that Tenant is authorized to use temporarily), operations, independent contractors, personal and advertising injury, and contractual liability, on an occurrence basis, a on the then most current Insurance Services Office ("ISO") form or its equivalent in the minimum amounts of $1 million per occurrence, $2 million general aggregate, including Designated Location(s) General Aggregate Limit; (ii) commercial automobile liability insurance, on an occurrence basis on the then most current ISO form, including coverage for owned, non-owned, leased, and hired automobiles, in the minimum amount of $1 million combined single limit for bodily injury and property damage; (iii) excess liability insurance in the minimum amount of $5 million with the same inception date as the underlying policies (including general, auto and employer's liability), and which shall be excess over and no less broad than $1,000,000all coverages described above; (2iv) causes Special Causes of lossLoss form property insurance (ISO CP 10 30 or equivalent in effect in the State in which the Premises are located), in an amount adequate to cover 100% of the replacement costs, without co-special form insurance, of all of Tenant's property at the Premises; (formerly “all risk”v) property worker's compensation insurance, including flood statutory limits, and earthquakeemployer's liability insurance with minimum amounts of $1 million each accident for bodily injury by accident, covering all above building standard leasehold improvements $1 million each employee for bodily injury by disease, and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”) in the amount of the full replacement cost thereof$1 million policy limit for bodily injury by disease; (3vi) business income (formerly “business interruption”) and extra expense insurance written covering the risks to be insured by the property insurance described above, on an actual loss sustained form basis, but in all events in an amount sufficient to prevent Tenant from being a co-insurer of any loss covered under the applicable policy or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all ownedpolicies, hired and nonowned automobiles owned or operated by Tenant providing including income coverage for a minimum combined single limit of $1,000,00012 month period; and (5vii) workers’ compensation such other insurance as required by the state in which the Premises is located and in amounts as may be reasonably required by applicable statute (providedLandlord. Tenant's insurance shall provide primary and non-contributory coverage to the Landlord Parties when any policy issued to any Landlord Parties provides duplicate or similar coverage, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000); (6) employer’s liability insurance in an amount of at least $500,000 per occurrence; and (7) umbrella liability insurance that follows form in excess of the limits specified in (1), (4) and (6) above, of no less than $4,000,000 per occurrence and in the aggregatesuch circumstance, Landlord's policy will be excess over Tenant's policy. Any company underwriting any None of Tenant’s Insurance shall have's policies may have any deductibles, according to A.M. Best Insurance Guide, a Best’s rating of not less than A- and a Financial Size Category of not less than VIII. All commercial general liability, business automobile liability and umbrella liability insurance policies shall name Landlord (or any successor), Landlord’s property manager, Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as “additional insureds” and shall be primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination or lapse of insurance. Tenant shall provide Landlord with a certificate of insurance and all required endorsements evidencing Tenant’s Insurance prior to the earlier to occur of the Commencement Date or the date Tenant is provided access to the Premises for any reason, and upon renewals at least 10 days prior to the expiration of the insurance coverage. All of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s liability under this Leaseretentions.

Appears in 1 contract

Samples: Office Lease (Riot Blockchain, Inc.)

Tenant’s Insurance. 10.2.1 Tenant shall maintain at all times during the following insurance (“Tenant’s Insurance”)Lease Term shall, at its sole cost own expense, keep in full force and expense: effect (1i) commercial general liability insurance applicable to the Premises and its appurtenances providing, written on an occurrence basis, a per occurrence limit of no less than $1,000,000; (2) causes of loss-special form (formerly “all risk”) property insuranceproviding coverage against bodily injury and disease, including flood death resulting therefrom, bodily injury and earthquakeproperty damage, covering all above building standard leasehold improvements personal injury, advertising injury, products and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”) in the amount of the full replacement cost thereof; (3) business income (formerly “business interruption”) insurance written on an actual loss sustained form or completed operations with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; 1,000,000 each occurrence and $2,000,000 annual aggregate, which shall include provision for contractual liability coverage insuring Tenant for the performance of its indemnity obligations set forth in this Article 10 and the rest of this Lease, (5ii) workers’ worker’s compensation insurance as required by to the state in which the Premises is located and in amounts as may be required by applicable statute (provided, howeverstatutory limit, if no workers’ compensation insurance is statutorily requiredany, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000); (6) and employer’s liability insurance to the limit of $1,000,000 per occurrence, (iii) Umbrella excess liability written on an occurrence form; providing coverage in an amount of at least $500,000 per occurrence; and (7) umbrella liability insurance that follows form in excess of the limits specified in (1), (4) and (6) above, of no not less than $4,000,000 per occurrence 5,000,000 providing excess liability coverage over the commercial general liability and in the aggregate. Any company underwriting any employers liability insurance required herein, and (iv) All Risk or Causes of Loss – Special Form property insurance covering full replacement value of all of Tenant’s Insurance personal property, trade fixtures and improvements in the Premises (whether such improvements are installed by Landlord or Tenant) and such policy shall haveinclude Loss of Income, according to A.M. Best Insurance GuideBusiness interruption and extra expense insurance in such amounts that will reimburse Tenant for direct and indirect loss of earnings, a Best’s rating of but in no event not less than A- 12 months equivalent, attributable to all perils insured under a special form property insurance policy. Landlord, its Affiliates, and a Financial Size Category of not less than VIII. All its designated property management firm shall be named an additional insured under the Tenant’s commercial general liability, business automobile liability insurance and umbrella excess liability insurance and said policies shall name Landlord (be issued by an insurance company or any successor), Landlord’s property manager, Landlord’s Mortgagee (if any), companies authorized to do business in the state of California and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as which have policyholder ratings not lower than additional insuredsA-” and shall be primary with Landlordfinancial ratings not lower than “VII” in Best’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord Insurance Guide (latest edition in writing within 10 days effect as of the date of reductionthis Lease and subsequently in effect as of the date of renewal of the required policies). All policies EACH OF SAID POLICIES SHALL ALSO INCLUDE A WAIVER OF SUBROGATION PROVISION OR ENDORSEMENT IN FAVOR OF LANDLORD, AND AN ENDORSEMENT PROVIDING THAT LANDLORD SHALL RECEIVE THIRTY (30) DAYS PRIOR WRITTEN NOTICE OF ANY CANCELLATION OF, NONRENEWAL OF, REDUCTION OF COVERAGE OR MATERIAL CHANGE IN COVERAGE ON SAID POLICIES. Tenant hereby waives its right of recovery against any indemnified Landlord Party of any amounts paid by Tenant or on Tenant’s Insurance shall contain endorsements that behalf to satisfy applicable worker’s compensation laws. The policies or duly executed certificates showing the insurer(s) shall give Landlord and its designees at least 30 days’ advance written notice of any changematerial terms for the same, cancellation, termination or lapse of insurance. Tenant shall provide Landlord together with a certificate of insurance and all required endorsements evidencing Tenant’s Insurance prior to the earlier to occur satisfactory evidence of the Commencement Date or payment of the premiums therefor, shall be deposited with Landlord on the date Tenant is provided access to first occupies the Premises for any reason, and upon renewals at least 10 of such policies not less than fifteen (15) days prior to the expiration of the insurance term of such coverage. All If certificates are supplied rather than the policies themselves, Tenant shall allow Landlord, at all reasonable times, to inspect the policies of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s liability under this Leaserequired herein.

Appears in 1 contract

Samples: Office Lease (NovaBay Pharmaceuticals, Inc.)

Tenant’s Insurance. Tenant shall maintain the following insurance (“Tenant’s Insurance”), at its sole cost own expense, shall provide and expensekeep in force with companies which are rated A/XV or better by A.M. Best Company insurance and licensed in the Commonwealth of Massachusetts: (1a) combined single limit commercial general liability insurance applicable to insuring against liability for personal injury and property damage, including contractual liability, in the Premises and its appurtenances providingamount of $1,000,000 per occurrence/$2,000,000 annual aggregate limit, with $3,000,000 of excess liability coverage through umbrella insurance (which umbrella coverage shall be on an occurrence a 'following-form' basis, a per occurrence limit of no less than $1,000,000); (2b) causes of loss-special form (formerly “all risk”) "Special Form" property insurance, including flood standard fire and earthquakeextended coverage insurance, covering in amounts necessary to provide replacement cost coverage, for Tenant's Property, machinery, electronic data and any Alterations in which Tenant has an insurable property interest, including, without limitation, vandalism and malicious mischief and sprinkler leakage coverage, and "all above building standard risk" Builder's Risk insurance, completed value, non-reporting form at any time that Tenant has commenced construction of any leasehold improvements or any Alterations, and Tenant’s trade fixtures, equipment, furniture and at any time any other personal property within construction activities are underway at the Premises; (c) plate glass insurance for the Premises (“Tenant’s Property”if applicable); (d) Workers' Compensation Insurance in statutory limits as required by applicable law; (e) Employer's Liability Coverage in the amount of the full replacement cost thereof; (3) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (5) workers’ compensation insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000); (6) employer’s liability insurance in an amount of at least $500,000 per occurrence1,000,000 for Each Accident/Disease Policy Limit/Disease Each Employee; and (7f) umbrella liability any other insurance that follows form in excess of the limits specified in (1), (4) and (6) above, of no less than $4,000,000 per occurrence and in the aggregate. Any company underwriting any of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, a Best’s rating of not less than A- and a Financial Size Category of not less than VIII. All commercial general liability, business automobile liability and umbrella liability insurance policies shall name Landlord (or any successor), Landlord’s property manager, Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as “additional insureds” and shall be primary with Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit reasonably required by this LeaseLandlord. At Landlord's request, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord amounts and its designees at least 30 days’ advance written notice of any change, cancellation, termination or lapse of insurance. Tenant shall provide Landlord with a certificate kinds of insurance and all required endorsements evidencing Tenant’s Insurance prior coverages described herein may be reasonably increased or expanded to the earlier to occur of the Commencement Date or the date Tenant is provided access to the Premises for any reason, and upon renewals at least 10 days prior to the expiration of the insurance coverage. All of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s liability under this Lease.reflect 21

Appears in 1 contract

Samples: Lease (Acumen Pharmaceuticals, Inc.)

Tenant’s Insurance. Tenant shall maintain fire and extended coverage insurance throughout the term of this Lease in an amount equal to one hundred percent (100%) of the replacement value of Tenant's fixtures, equipment and other personal property located on the Premises, together with such other insurance as may be required by Landlord's lender or by any government agency, In addition, Tenant shall maintain the following amounts and types of insurance (“Tenant’s Insurance”), at its sole cost commencing as of the Commencement Date and expensecontinuing for the term of this Lease: (1i) commercial general liability insurance applicable Insurance coverages relating to the Premises and its appurtenances providing, on an occurrence basis, a per occurrence limit of no less than $1,000,000adjacent sidewalks and stairways as follows; (2A) causes of loss-special comprehensive and broad form (formerly “all risk”) property insurance, including flood and earthquake, covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”) in the amount of the full replacement cost thereof; (3) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (5) workers’ compensation insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000); (6) employer’s general liability insurance in an amount of at least not less than $500,000 per occurrence1,000,000, combined single limit; and (7) umbrella 8) liability insurance that follows form for owned, hired, or non-owned vehicles, in an amount not less than $1,000,000, combined single limit; (C) workers' compensation, as required by law, and employer's liability in an amount not less than $100,000. All liability Insurance policies shall be written on an occurrence basis. The required coverage, in excess of the limits specified in (1), (4) and (6) above, of no less than $4,000,000 per occurrence and in the aggregate. Any company underwriting any of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, a Best’s rating base coverage of not less than A- $1,000,000, may be provided by a blanket, multi-location policy, if such policy provides a separate aggregate limit per occurrence for the benefit of the Premises and a Financial Size Category the Building; (D) business interruption insurance in an amount equal to twelve (12) months of not less than VIIIbasic rent and additional rent. All commercial general liability, business automobile liability and umbrella liability required insurance policies shall name Landlord (or any successor), Landlord’s property manager, Landlord’s Mortgagee (if any), and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees mortgagee of Landlord Landlords interest in the building as the interest of such designees shall appear, as “additional insureds” insured; and shall provide that such policies shall not be primary with cancelled, nor shall any material change be made to the policy, without at least thirty (30) days prior written notice to Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s Insurance insurers shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 days’ advance written notice of any change, cancellation, termination be rated A-X or lapse of insurancebetter by Best's. Tenant shall provide Landlord with a certificate of certificates evidencing the required insurance and all required endorsements evidencing Tenant’s Insurance prior to the earlier to occur of the Commencement Date or coverage within fifteen (15) days after the date Tenant is provided access to the Premises for any reason, and upon renewals at least 10 days prior to the expiration of the insurance coverage. All of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance shall not limit Tenant’s liability under this Lease.

Appears in 1 contract

Samples: Office Lease (Tradeshow Marketing Co. Ltd.)

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