Common use of Tenant’s Liability Insurance Clause in Contracts

Tenant’s Liability Insurance. At all times during the period from and after the Delivery Date through and including the expiration or earlier termination of this Lease, Tenant shall obtain and keep in force a policy or policies of commercial general liability insurance covering Tenant, and naming Landlord and any Landlord Parties (as defined in Section 7.07(a), below) and any lenders or ground lessors whose names are provided to Tenant as additional insureds, against claims and liability for bodily injury, personal injury and property damage (including loss of use thereof) based upon, involving or arising out of (a) Tenant’s operations and contractual liabilities, or (b) ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be on an “occurrence” basis providing a single limit coverage in amount of not less than Five Million Dollars ($5,000,000) per occurrence (which may be satisfied by a combination of commercial general liability and umbrella liability coverage); provided, however, the limits of such insurance shall not limit the liability of Tenant nor relieve Tenant of any obligation under this Lease. Such insurance shall include (i) a Broad Form endorsement covering the provisions of this Lease and the performance by Tenant of its indemnity agreements contained in this Lease, including, without limitation, Section 7.07 below, (ii) coverage for Additional Insureds who have an insurable interest in the Building and Project and whose name and address have been previously provided by written notice from Landlord to Tenant, and (iii) coverage for “amendment of the pollution exclusion” to provide coverage for damage caused by heat, smoke, fumes from a fire. All insurance to be carried by Tenant shall be primary to, and not contributory with, any similar insurance carried by Landlord (whose insurance shall be considered excess insurance only).

Appears in 1 contract

Samples: Triple Net Space Lease (Financial Engines, Inc.)

Tenant’s Liability Insurance. At Tenant (with respect to both the Premises and the Project) shall secure and maintain, at its own expense, at all times during the period from and after the Delivery Date through and including the expiration or earlier termination of this Lease Term, Tenant shall obtain and keep in force a policy or policies of commercial general liability insurance covering Tenant with the premiums thereon fully paid in advance, protecting Tenant and naming Landlord and Landlord, any Landlord Parties (as defined in Section 7.07(a), below) and any lenders Holders or ground lessors whose names are provided on the Project, and Landlord’s representatives (which term, whenever used in this Article 11, shall be deemed to Tenant include Landlord’s asset manager, Bay West Group, Bay West Showplace Investors LLC, Landlord’s partners, any subsidiary or affiliate of Landlord and the officers, directors, shareholders, partners, employees, managers, independent contractors and agents of any of the foregoing) as additional insureds, insureds against claims and liability for bodily injury, personal injury and property damage (including loss of use thereof attorneys’ fees) based upon, involving or arising directly or indirectly out of (a) Tenant’s operations and contractual liabilities or its agents, employees, contractors, subcontractors, invitees, subtenants or (b) ownership licensees’ operations, assumed liabilities or Tenant’s use, occupancy or maintenance of the Premises and all areas appurtenant thereto the Project. Such insurance shall be on an “occurrence” basis providing provide for a single limit coverage in minimum amount of not less Three Million Dollars ($3,000,000.00) for property damage or injury to or death of one or more than one person in any one accident or occurrence, with an annual aggregate limit of at least Five Million Dollars ($ 5,000,000) per occurrence ( 5,000,000.00), which insurance may be satisfied by provided in a combination of commercial general primary and excess limits. The coverage required to be carried shall include fire legal liability, blanket contractual liability, personal injury liability, broad form property damage liability, products liability and umbrella completed operations coverage (as well as owned, non-owned and hired automobile liability coverage); provided, however, the limits of such insurance shall not limit the liability of Tenant nor relieve Tenant of any obligation under this Lease. Such insurance shall include (i if an exposure exists) a Broad Form endorsement covering the provisions of this Lease and the performance by Tenant policy shall contain an exception to any pollution exclusion should bodily injury or property damage arise out of its indemnity agreements contained in this Lease, including, without limitation, Section 7.07 below, (ii) coverage for Additional Insureds who have an insurable interest in the Building and Project and whose name and address have been previously provided by written notice from Landlord to Tenant, and (iii) coverage for “amendment of the pollution exclusion” to provide coverage for damage caused by heat, smoke, smoke or fumes from a hostile fire. All insurance to be The foregoing policies carried by Tenant shall be primary to, and not contributory with, to any similar other insurance carried maintained by Landlord (whose Landlord. Such insurance shall be considered excess written on an occurrence basis and contain a separation of insureds provision or cross-liability endorsement acceptable to Landlord. Tenant shall provide Landlord with a certificate evidencing such insurance only) coverage prior to the Commencement Date. Not more frequently than every two (2) years during the Extension Period or during any other extension of the term of this Lease, if, in the opinion of any Holder (as defined in Section 9.1) or of the insurance broker retained by Landlord, the amount of liability insurance coverage at that time is not adequate, then Tenant shall increase its liability insurance coverage as required by either any mortgagee of Landlord or Landlord’s insurance broker, provided such increased amount shall not materially exceed the greater of (a) those amounts normally required for comparable buildings in the geographic area of the Project or (b) those amounts required to provide Landlord with the same relative protection as the amounts set forth above as of the date of this Lease. Tenant shall, at Tenant’s expense, comply with (i) all insurance company requirements pertaining to the use of the Premises and (ii) all rules, orders, regulations or requirements of the American Insurance Association (formerly the National Board of Fire Underwriters) and any similar body.

Appears in 1 contract

Samples: Advent Software Inc /De/

Tenant’s Liability Insurance. At all times during Tenant agrees to maintain in full force and effect from the period date upon which Tenant first enters the Premises or any portion thereof for the conduct of its business or any other purpose (and in any event not later than the Commencement Date), throughout the Term and thereafter, so long as Tenant is in occupancy of any part of the Premises, (A) a policy of commercial general liability insurance, which shall include contractual liability coverage covering Tenant's operations within the Building to the extent and in the manner provided under the standard ISO form of commercial general liability policy, or its then equivalent, in use from time to time, under which Tenant is the named insured and after Landlord, Landlord's managing agent and Net Lessor (and such other persons as Landlord may reasonably request by a Notice to Tenant from time to time) are named as additional insureds (but not loss payees), on ISO Form CG 0001 (12/07) or its then equivalent, (B) Statutory Workers Compensation Coverage with Employers Liability as required by Requirements of Law ("Workers Comp Coverage"), and (C) non-owned and hired cars coverage. Each such policy shall be issued by one or more insurers in a financial size category of not less than VIII and with general policy holders ratings of not less than A-, as rated in the Delivery Date through most current available insurance reports published by A.M. Best & Company, Inc., or the then-equivalent thereof, and including licensed to do business in the expiration or earlier termination State of this Lease, New York and authorized to issue such policies ("Minimum Insurer Standards"). Each policy of insurance procured by Tenant shall obtain (i) contain endorsements providing that (w) such policy shall not be cancelled or amended without at least thirty (30) days' prior notification to Tenant (however a fifteen (15) day notice of cancellation may be given for non-payment of a premium) and keep in force Tenant shall promptly send a copy of such notice to Landlord and Landlord's designees, (x) Tenant shall be solely responsible for the payment of premiums therefor notwithstanding that Landlord or any such designee is or may be named as an additional insured, (y) intentionally omitted; and (z) any policy or policies of commercial general liability insurance covering Tenant maintained by Tenant pursuant to this Section 16.02 shall contain a standard separation of insureds provision; and (ii) not prohibit the release of claims given under Section 16.07 below, and naming Landlord and nor shall any Landlord Parties (as defined in Section 7.07(a) of them be limited, below) and any lenders terminated or ground lessors whose names are provided to Tenant as additional insureds, against claims and liability for bodily injury, personal injury and property damage (including loss of use thereof) based upon, involving or arising out of (a) Tenant’s operations and contractual liabilities, or (b) ownership, use, occupancy or maintenance materially affected thereby. As of the Premises and all areas appurtenant thereto. Such insurance shall be on an “occurrence” basis providing a single limit coverage in amount of not less than Five Million Dollars ($5,000,000) per occurrence (which may be satisfied by a combination of commercial general liability and umbrella liability coverage); provided, however Execution Date, the limits of liability of such insurance shall not limit the liability of Tenant nor relieve Tenant of any obligation under this Lease. Such insurance shall include (i) a Broad Form endorsement covering the provisions of this Lease be $10,000,000 per occurrence and the performance by Tenant of its indemnity agreements contained in this Lease, including, without limitation, Section 7.07 below, (ii) coverage for Additional Insureds who have an insurable interest $10,000,000 in the Building annual aggregate on a per location basis for commercial general liability insurance and Project and whose name and address have been previously provided by written notice from Landlord to Tenant, and (iii) coverage for “amendment of the pollution exclusion” to provide coverage for damage caused by heat, smoke, fumes from a fire. All insurance to be carried by Tenant shall be primary to, and not contributory with, any similar insurance carried by Landlord (whose insurance shall be considered excess insurance only) liability insurance.

Appears in 1 contract

Samples: Progenics Pharmaceuticals Inc

Tenant’s Liability Insurance. At all times during Tenant agrees to maintain in full force and effect from the period date upon which Tenant first enters the Premises or any portion thereof for the conduct of its business or any other purpose (and in any event not later than the Commencement Date), throughout the Term and thereafter, so long as Tenant is in occupancy of any part of the Premises, (A) a policy of commercial general liability insurance, which shall include contractual liability coverage covering Tenant’s operations within the Building to the extent and in the manner provided under the standard ISO form of commercial general liability policy, or its then equivalent, in use from time to time, under which Tenant is the named insured and after Landlord, Agent and Net Lessor (and such other persons as Landlord may reasonably request by a Notice to Tenant from time to time) are named as additional insureds (but not loss payees), on ISO Form CG 0001 (12/07) or its then equivalent, (B) Statutory Workers Compensation Coverage with Employers Liability as required by Legal Requirements (“Workers Comp Coverage”), and (C) non-owned and hired cars coverage. Each such policy shall be issued by one or more insurers in a financial size category of not less than VIII and with general policy holders ratings of not less than A-, as rated in the Delivery Date through most current available insurance reports published by A.M. Best & Company, Inc., or the then-equivalent thereof, and including licensed to do business in the expiration or earlier termination State of this Lease, New York and authorized to issue such policies. Each policy of insurance procured by Tenant shall obtain (i) contain endorsements providing that (w) such policy shall not be cancelled or amended without at least thirty (30) days’ prior notification to Tenant and keep in force Tenant shall promptly send a copy of such notice to Landlord and Landlord’s designees, (x) Tenant shall be solely responsible for the payment of premiums therefor notwithstanding that Landlord or any such designee is or may be named as an additional insured on a primary & non-contributory basis, (y) intentionally omitted; and (z) any policy or policies of commercial general liability insurance covering Tenant maintained by Tenant pursuant to this Section 16.02 shall contain a standard separation of insureds provision; and (ii) not prohibit the release of claims given under Section 16.07 below, and naming Landlord and nor shall any Landlord Parties (as defined in Section 7.07(a) of them be limited, below) and any lenders terminated or ground lessors whose names are provided to Tenant as additional insureds, against claims and liability for bodily injury, personal injury and property damage (including loss of use thereof) based upon, involving or arising out of (a) Tenant’s operations and contractual liabilities, or (b) ownership, use, occupancy or maintenance materially affected thereby. As of the Premises and all areas appurtenant thereto. Such insurance shall be on an “occurrence” basis providing a single limit coverage in amount of not less than Five Million Dollars ($5,000,000) per occurrence (which may be satisfied by a combination of commercial general liability and umbrella liability coverage); provided, however Execution Date, the limits of liability of such insurance shall not limit the liability of Tenant nor relieve Tenant of any obligation under this Lease. Such insurance shall include (i) a Broad Form endorsement covering the provisions of this Lease be $[Omitted] per occurrence and the performance by Tenant of its indemnity agreements contained in this Lease, including, without limitation, Section 7.07 below, (ii) coverage for Additional Insureds who have an insurable interest $[Omitted] in the Building annual aggregate on a per location basis for commercial general liability insurance and Project and whose name and address have been previously provided by written notice from Landlord to Tenant, and (iii) coverage for “amendment of the pollution exclusion” to provide coverage for damage caused by heat, smoke, fumes from a fire. All insurance to be carried by Tenant shall be primary to, and not contributory with, any similar insurance carried by Landlord (whose insurance shall be considered excess insurance only) liability insurance.

Appears in 1 contract

Samples: Olo Inc.

Tenant’s Liability Insurance. At all times during Tenant shall carry at its own expense throughout the period from and after the Delivery Date through and including the expiration or earlier termination term of this Lease, Tenant shall obtain and keep in force a policy or policies of commercial general liability insurance covering Tenant the Premises and appurtenant areas, and naming Tenant's use thereof, and protecting Tenant and Landlord and any Landlord Parties (as defined in Section 7.07(a), below an additional insured) and any lenders or ground lessors whose names are provided to Tenant as additional insureds, against claims and liability for bodily injury, personal injury and property damage (including loss of use thereof) based upon, involving or arising out of (a) Tenant’s operations and contractual liabilities, or (b) the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be on an “occurrence” occurrence basis providing a single limit coverage in an amount of not less than Five Million Dollars ( $ 5,000,000) 1,000,000 per occurrence (which may be satisfied with an "Additional Insured - Managers or Lessors of Premises" Endorsement and shall contain the "Amendment of Pollution Exclusion" for damage caused by heat, smoke or fumes from a combination of commercial general liability and umbrella liability coverage); provided, however, the limits of such insurance hostile fire. The policy shall not limit contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Lease as an "insured contract" for the liability performance of Tenant nor relieve Tenant of any obligation Tenant's indemnity obligations under this Lease. Such insurance shall include (i) a Broad Form endorsement covering the provisions of also cover Tenant's contractual liability under this Lease and in an amount periodically adjusted as hereinafter provided to conform to then current standard business practices for comparable business operations, but in no case less than the performance by Tenant amounts shown in the applicable Basic Lease Provisions. The liability limit of its indemnity agreements contained in such insurance shall not, however, limit Tenant's liabilities assumed under this Lease . Tenant shall keep in full force and effect a policy or policies of worker's compensation insurance as required by law, including, without limitation, Section 7.07 below, (ii) and with employer's liability coverage for Additional Insureds who have an insurable interest in the Building and Project and whose name and address have been previously provided bodily injury by written notice from Landlord to Tenant accident of not less than $3,000,000 for each accident, and (iii) coverage for “amendment bodily injury by disease of not less than $3,000,000 for each employee and for the pollution exclusion” to provide coverage for damage caused policy limit. If required by heat Landlord, smoke, fumes from a fire. All insurance to be carried by Tenant shall be primary to, then the amounts of general liability and not contributory with, any similar insurance carried by Landlord (whose employer's liability insurance shall be considered excess insurance only) increased from time to time (but in no event more frequently than once every three (3) years) to an amount reasonably determined by Landlord as may be required, given the then current economic conditions and the size of damage awards generally, to approximate the same level of protection as was provided on the Commencement Date.

Appears in 1 contract

Samples: Office Building Lease (Maxim Pharmaceuticals Inc)

Tenant’s Liability Insurance. At all times during the period from and after the Delivery Date through and including the expiration or earlier termination of this Lease, Tenant shall obtain procure at its sole cost and expense and keep in force a policy or policies effect from the earlier of commercial general liability insurance covering Tenant, and naming Landlord and any Landlord Parties (as defined in Section 7.07(a), below) and any lenders or ground lessors whose names are provided to Tenant as additional insureds, against claims and liability for bodily injury, personal injury and property damage (including loss of use thereof) based upon, involving or arising out of (a) Tenant’s operations and contractual liabilities, or (b) ownership, use, its occupancy or maintenance of the Premises or the Commencement Date of this Lease and at all times until the end of the Term either Comprehensive General Liability insurance or Commercial General Liability insurance applying to the use and occupancy of the Premises or the Building, or any part of either, or any areas appurtenant adjacent thereto , and the business operated by Tenant, or any other occupant, on the Premises. Such insurance shall be on an “occurrence” basis providing a single limit include Broad Form Contractual liability insurance coverage in amount insuring all of not less than Five Million Dollars ($5,000,000) per occurrence (which may be satisfied by a combination of commercial general liability and umbrella liability coverage); provided, however, the limits of such insurance shall not limit the liability of Tenant nor relieve Tenant of any obligation Tenant’s indemnity obligations under this Lease. Such coverage shall have a minimum combined single limit of liability of at least One Million and No/100 Dollars ($1,000,000.00), and a general aggregate limit of Two Million and No/100 Dollars ($2,000,000.00). All such policies shall be written to apply to all bodily injury, property damage, personal injury and other covered loss, however occasioned, occurring during the policy term, shall be endorsed to add Landlord as an additional insured, to provide that such coverage shall be primary and that any insurance maintained by Landlord shall include be excess insurance only. Such coverage shall also contain endorsements: (i) a Broad Form endorsement covering the provisions of this Lease and the performance by Tenant of its indemnity agreements contained in this Lease, including, without limitation, Section 7.07 below, deleting any employee exclusion on personal injury coverage; (ii) coverage for Additional Insureds who have an insurable interest in the Building and Project and whose name and address have been previously provided by written notice from Landlord to Tenant, and including employees as additional insureds; (iii) deleting any liquor liability exclusion; and (iv) providing for coverage of employer’s automobile non-ownership liability. All such insurance shall provide for severability of interests; shall provide that an act or omission of one of the named insureds shall not reduce or avoid coverage to the other named insureds; and shall afford coverage for “amendment all claims based on acts, omissions, injury and damage, which claims occurred or arose (or the onset of which occurred or arose) in whole or in part during the pollution exclusion” policy period. Such coverage shall be endorsed to waive the insurer’s rights of subrogation against Landlord, but only to the extent provided for in Section 16.6. All coverages described in this Section shall be endorsed to provide Landlord with thirty (30) days’ notice of cancellation or change in terms. If at any time during the Term the amount or coverage for damage caused by heat of insurance which Tenant is required to carry under this Section is, smoke in Landlord’s reasonable judgment, fumes from a fire. All materially less than the amount or type of insurance to be coverage typically carried by owners or lessees of properties located in Las Vegas, Nevada, which are similar to and operated for similar purposes as the Premises, Landlord shall have the right to require Tenant shall be primary to, and not contributory with, any similar to increase the amount or change the types of insurance carried by Landlord (whose insurance shall be considered excess insurance only) coverage required under this Section.

Appears in 1 contract

Samples: Assignment of Lease (CardioVascular BioTherapeutics, Inc.)

Tenant’s Liability Insurance. At all times during the period from and after the Delivery Date through and including the expiration or earlier termination of this Lease Tenant shall, Tenant shall at Tenant's expense, obtain and keep in force during the term of this Lease a policy or policies of commercial general liability insurance covering Tenant, and naming Landlord and any Landlord Parties (as defined in Section 7.07(a), below) and any lenders or ground lessors whose names are provided to Tenant as additional insureds, insuring against claims and liability for bodily injury, personal injury and property damage (including loss of use thereof) based upon, involving or arising out of (a) Tenant’s operations and contractual liabilities, or (b) ownership the condition, use, occupancy or maintenance of the Premises and all areas appurtenant thereto Premises. Such policy of insurance shall be on an “occurrence” basis providing have a combined single limit coverage for both bodily injury and property damage in an amount of not less than Five Million Dollars ($5,000,000) per occurrence occurrence. No more often than every three ( which 3) years, Landlord may be satisfied by a combination require Tenant to increase the amount of commercial general liability and umbrella liability coverage); provided such coverage if, however in Landlord's reasonable opinion, the limits amount of such coverage is no longer adequate. The policy shall contain cross-liability or equivalent endorsements. Tenant's liability insurance shall not limit the liability of Tenant nor relieve Tenant of any obligation under this Lease. Such insurance shall include policy or policies shall: (i) a Broad Form endorsement covering the provisions of this Lease include premises and the performance by Tenant of its indemnity agreements contained in this Lease operations liability coverage, including products and completed operations liability coverage, without limitation broad form property damage coverage including completed operations, Section 7.07 below blanket contractual liability coverage, and personal and advertising injury coverage; (ii) coverage for Additional Insureds who have an insurable interest provide that the insurance company has the duty to defend all insureds under the policy; (iii) provide that defense costs are paid in addition to and do not deplete any of the policy limits; (iv) cover liabilities arising out of or incurred in connection with Tenant's use or occupancy of the Building and Project and whose name and address have been previously provided by written notice from Landlord to Tenant, the other portions of the Premises; and ( iii v) extend coverage to cover liability for “amendment the actions of the pollution exclusion” Tenant's representatives and invitees. Each policy of liability insurance required by this paragraph shall: (i) contain a cross liability endorsement or separation of insureds clause; (ii) provide that any waiver of subrogation rights or release prior to a loss does not void coverage; and(iii) provide coverage for damage caused by heat, smoke, fumes from a fire. All insurance that it is primary to be carried by Tenant shall be primary to, and not contributory contributing with, any similar policy of insurance carried by Landlord (whose covering the same loss. The insurance requirements set forth herein are independent of Tenant's indemnification and other obligations under this Lease and shall not be considered excess insurance only) construed to restrict, limit or modify such indemnification or other obligations of Tenant under the Lease.

Appears in 1 contract

Samples: Anacor Pharmaceuticals Inc

Tenant’s Liability Insurance. At all times during the period from and after the Delivery Date through and including the expiration or earlier termination of this Lease Tenant shall, Tenant shall at Tenant’s expense, obtain and keep in force during the term of this Lease a policy or policies of commercial general liability insurance covering Tenant, and naming Landlord and any Landlord Parties (as defined in Section 7.07(a), below) and any lenders or ground lessors whose names are provided to Tenant as additional insureds, insuring against claims and liability for bodily injury, personal injury and property damage (including loss of use thereof) based upon, involving or arising out of (a) Tenant’s operations and contractual liabilities, or (b) ownership the condition, use, occupancy or maintenance of the Premises and all areas appurtenant thereto Premises. Such policy of insurance shall be on an “occurrence” basis providing have a combined single limit coverage for both bodily injury and property damage in an amount of not less than Five Million Dollars ($5,000,000) per occurrence occurrence. No more often than every three ( which 3) years, Landlord may be satisfied by a combination require Tenant to increase the amount of commercial general liability and umbrella liability coverage); provided such coverage if, however in Landlord’s reasonable opinion, the limits amount of such coverage is no longer adequate. The policy shall contain cross-liability or equivalent endorsements. Tenant’s liability insurance shall not limit the liability of Tenant nor relieve Tenant of any obligation under this Lease. Such insurance shall include policy or policies shall: (i) a Broad Form endorsement covering the provisions of this Lease include premises and the performance by Tenant of its indemnity agreements contained in this Lease operations liability coverage, including products and completed operations liability coverage, without limitation broad form property damage coverage including completed operations, Section 7.07 below blanket contractual liability coverage, and personal and advertising injury coverage; (ii) coverage for Additional Insureds who have an insurable interest provide that the insurance company has the duty to defend all insureds under the policy; (iii) provide that defense costs are paid in addition to and do not deplete any of the policy limits; (iv) cover liabilities arising out of or incurred in connection with Tenant’s use or occupancy of the Building and Project and whose name and address have been previously provided by written notice from Landlord to Tenant, the other portions of the Premises; and ( iii v) extend coverage to cover liability for “amendment the actions of the pollution exclusion” Tenant’s representatives and invitees. Each policy of liability insurance required by this paragraph shall: (i) contain a cross liability endorsement or separation of insureds clause; (ii) provide that any waiver of subrogation rights or release prior to a loss does not void coverage; and(iii) provide coverage for damage caused by heat, smoke, fumes from a fire. All insurance that it is primary to be carried by Tenant shall be primary to, and not contributory contributing with, any similar policy of insurance carried by Landlord (whose covering the same loss. The insurance requirements set forth herein are independent of Tenant’s indemnification and other obligations under this Lease and shall not be considered excess insurance only) construed to restrict, limit or modify such indemnification or other obligations of Tenant under the Lease.

Appears in 1 contract

Samples: Anacor Pharmaceuticals Inc

Tenant’s Liability Insurance. At all times during You shall procure and maintain throughout the period from and after term of the Delivery Date through and including the expiration or earlier termination of this Lease, Tenant shall obtain and keep in force Lease a policy or policies of commercial general insurance, at your sole cost and expense, insuring both Landlord and you (and, if requested by Landlord, insuring the Superior Mortgagee) against all claims, demands or actions arising out of or in connection with: (i) the Premises; (ii) the condition of the Premises; (iii) your operations in and maintenance and use of the Premises; and (iv) your liability insurance covering Tenant assumed under this Lease, the limits of such policy or policies to be in the amount of not less than $2,000,000 per occurrence and $2,000,000 in the aggregate in respect to injury to persons (including death), and naming Landlord and any Landlord Parties (as defined in Section 7.07(a), below) and any lenders or ground lessors whose names are provided the amount of not less than $250,000 per occurrence in respect to Tenant as additional insureds, against claims and liability for bodily injury, personal injury and property damage ( or destruction, including loss of use thereof ) based upon . If Landlord has also obtained comprehensive liability insurance, involving or arising out of (a) Tenant’s operations and contractual liabilities, or (b) ownership, use, occupancy or maintenance of then the Premises and all areas appurtenant thereto. Such insurance shall be on an “occurrence” basis providing a single limit coverage in amount of not less than Five Million Dollars ($5,000,000) per occurrence (which may be satisfied by a combination of commercial general liability and umbrella liability coverage); provided, however, the limits of such insurance shall not limit the liability of Tenant nor relieve Tenant of any obligation under this Lease. Such insurance shall include (i) a Broad Form endorsement covering the provisions of this Lease and the performance by Tenant of its indemnity agreements contained in this Lease, including, without limitation, Section 7.07 below, (ii) coverage for Additional Insureds who have an insurable interest in the Building and Project and whose name and address have been previously provided by written notice from Landlord to Tenant, and (iii) coverage for “amendment of the pollution exclusion” to provide coverage for damage caused by heat, smoke, fumes from a fire. All insurance required to be carried maintained by Tenant you pursuant to this Section shall be primary to, and not contributory with, non contributing with respect to any similar insurance policies carried by Landlord (whose insurance and any coverage carried by Landlord shall be considered excess insurance only) insurance.

Appears in 1 contract

Samples: Vitacost.com, Inc.

Tenant’s Liability Insurance. At all times during You shall procure and maintain throughout the period from and after term of the Delivery Date through and including the expiration or earlier termination of this Lease, Tenant shall obtain and keep in force Lease a policy or policies of commercial general insurance, at your sole cost and expense, insuring both Landlord and you (and, if requested by Landlord, insuring the Superior Mortgagee) against all claims, demands or actions arising out of or in connection with: (i) the Premises; (ii) the condition of the Premises; (iii) your operations in and maintenance and use of the Premises; and (iv) your liability insurance covering Tenant assumed under this Lease, the limits of such policy or policies to be in the amount of not less than $2,000,000 per occurrence in respect to injury to persons (including death), and naming Landlord and any Landlord Parties (as defined in Section 7.07(a), below) and any lenders or ground lessors whose names are provided the amount of not less than $250,000 per occurrence in respect to Tenant as additional insureds, against claims and liability for bodily injury, personal injury and property damage ( or destruction, including loss of use thereof ) based upon . If Landlord has also obtained comprehensive liability insurance, involving or arising out of (a) Tenant’s operations and contractual liabilities, or (b) ownership, use, occupancy or maintenance of then the Premises and all areas appurtenant thereto. Such insurance shall be on an “occurrence” basis providing a single limit coverage in amount of not less than Five Million Dollars ($5,000,000) per occurrence (which may be satisfied by a combination of commercial general liability and umbrella liability coverage); provided, however, the limits of such insurance shall not limit the liability of Tenant nor relieve Tenant of any obligation under this Lease. Such insurance shall include (i) a Broad Form endorsement covering the provisions of this Lease and the performance by Tenant of its indemnity agreements contained in this Lease, including, without limitation, Section 7.07 below, (ii) coverage for Additional Insureds who have an insurable interest in the Building and Project and whose name and address have been previously provided by written notice from Landlord to Tenant, and (iii) coverage for “amendment of the pollution exclusion” to provide coverage for damage caused by heat, smoke, fumes from a fire. All insurance required to be carried maintained by Tenant you pursuant to this Section shall be primary to, and not contributory with, non contributing with respect to any similar insurance policies carried by Landlord (whose insurance and any coverage carried by Landlord shall be considered excess insurance only) insurance.

Appears in 1 contract

Samples: MAKO Surgical Corp.