Common use of Building and Improvements Clause in Contracts

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 31 contracts

Samples: Commercial Lease Agreement (Skechers Usa Inc), Lease Agreement (3dshopping Com), Letter Agreement (Elitra Pharmaceuticals Inc)

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Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a LenderLender or included in the Base Premium), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 14 contracts

Samples: Lease Agreement (Gametech International Inc), Addendum One (Gametech International Inc), Arterial Vascular Engineering Inc

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies of insurance in the name of Lessor, with loss payable to Lessor Lessor, any ground-lessor, and to any Lender(s), Lender insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lender, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement costthereof. Lessee-Lessee Owned Alterations and Utility Installations, Trade Fixtures Fixtures, and Lessee's ’s personal property shall be insured by Lessee pursuant to under Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating Applicable Requirements requiring the upgrading, demolition, reconstruction or replacement of any undamaged sections portion of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws Premises as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $1,000 per occurrence.

Appears in 5 contracts

Samples: Sublease Agreement (AltheaDx, Inc.), Sublease Agreement (AltheaDx, Inc.), Sublease Agreement (AltheaDx, Inc.)

Building and Improvements. Lessor The Insuring Party shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to the holders of any mortgages, deeds of trust or ground leases on the Premises ("Lender(s)"), insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lenders, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Lessee Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property Installations shall be insured by Lessee pursuant to under Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building Premises required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered cause of loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 5 contracts

Samples: Burke Flooring Products Inc, Ddi Corp, General Scanning Inc \Ma\

Building and Improvements. Lessor The Insuring Party shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to the holders of any Lender(smortgages, deeds of trust or ground leases on the Premises ("LENDER(S)"), insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lenders, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-If Lessor is the Insuring Party, however, Lessee Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property Installations shall be insured by Lessee pursuant to under Paragraph 8.48.4 rather than by Lessor. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building Premises required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered cause of loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $1,000 per occurrence, and Lessee shall be liable for such deductible amount in the event of an Insured Loss, as defined in Paragraph 9.1(c).

Appears in 4 contracts

Samples: Steri Oss Inc, Prolong International Corp, Future Media Productions

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies of insurance in the name of Lessor, with loss payable to Lessor Lessor, any ground-lessor, and to any Lender(s), Lender insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full insurable replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lender, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement costthereof. Lessee-Lessee Owned Alterations and Utility Installations, Trade Fixtures Fixtures, and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4not by Lessor. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating Applicable Requirements requiring the upgrading, demolition, reconstruction or replacement of any undamaged sections portion of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws Premises as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $5,000 per occurrence.

Appears in 4 contracts

Samples: Exagen Inc., files.gabbart.com, Liquidmetal Technologies Inc

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies of insurance in the name of Lessor, with loss payable to Lessor Lessor, any ground-lessor, and to any Lender(s), Lender insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full insurable replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lender, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement costthereof. Lessee-Lessee Owned Alterations and Utility Installations, Trade Fixtures Fixtures, and LesseeXxxxxx's personal property shall be insured by Lessee pursuant to Paragraph 8.4not by Lessor. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating Applicable Requirements requiring the upgrading, demolition, reconstruction or replacement of any undamaged sections portion of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws Premises as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $5,000 per occurrence.

Appears in 4 contracts

Samples: Multi Tenant Office Lease (America Great Health), Multi Tenant Office Lease (America Great Health), Multi Tenant Office Lease (America Great Health)

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, Lessor with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lenderbut specifically including the perils of earthquake), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 4 contracts

Samples: Stock Option Agreement, Stock Option Agreement, Amerigon Inc

Building and Improvements. Lessor The Insuring Party shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor Lessor, any ground-lessor, and to any Lender(s), Lender insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lender, but in no event more than the commercially reasonable and available insurable value thereof ifthereof. If Lessor is the Insuring Party, by reason of the unique nature or age of the improvements involvedhowever, such latter amount is less than full replacement cost. Lessee-Lessee Owned Alterations and Utility Installations, Trade Fixtures Fixtures, and Lessee's personal property shall be insured by Lessee pursuant to under Paragraph 8.48.4 rather than by Lessor. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating Applicable Requirements requiring the upgrading, demolition, reconstruction or replacement of any undamaged sections portion of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws Premises as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $1,000 per occurrence, and Lessee shall be liable for such deductible amount in the event of an Insured Loss.

Appears in 4 contracts

Samples: Asset Purchase Agreement (Item 9 Labs Corp.), printableleaseagreement.org, legalforms.org

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies policies, in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof ifit, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.48 4. If the coverage is available and arid commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a LenderLender or included in the Base Premium), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage cove-rage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and arid inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index index for All Ali Urban Consumers for the city nearest to where the Premises are located.

Appears in 4 contracts

Samples: Agreement for Purchase and Sale (Artest Corp), Agreement for Purchase and Sale (Artest Corp), Agreement for Purchase and Sale (Artest Corp)

Building and Improvements. Lessor Landlord shall obtain and keep in force during the term of this Lease a policy or policies in the name of LessorLandlord, with loss payable to Lessor Landlord and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. LesseeTenant-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's Tenant’s personal property shall be insured by Lessee Tenant pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's Landlord’s policy or policies shall insure against all risks of direct physical loss or damage (except and at Landlord’s option the perils of flood and/or earthquake unless required by a Lenderearthquake), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 4 contracts

Samples: Ooma Inc, Ooma Inc, Opnext Inc

Building and Improvements. Lessor The Insuring Party shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to the holders of any mortgages, deeds of trust or ground leases on the Premises ("Lender(s)"), insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lenders, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-If Lessor is the Insuring Party, however, Lessee Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property Installations shall be insured by Lessee pursuant to under Paragraph 8.48.4 rather than by Lessor. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building Premises required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered cause of loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $1,000 per occurrence, and Lessee shall be liable for such deductible amount in the event of an Insured Loss, as defined in Paragraph 9.1(c).

Appears in 3 contracts

Samples: Work Letter Agreement (Netcom Systems Inc), Work Letter Agreement (Netcom Systems Inc), Coyote Sports Inc

Building and Improvements. Lessor The Insuring Party shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor Lessor, any groundlessor, and to any Lender(s), ) insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lenders, but in no event more than the commercially reasonable and available insurable value thereof ifthereof. If Lessor is the Insuring Party, by reason of the unique nature or age of the improvements involvedhowever, such latter amount is less than full replacement cost. Lessee-Lessee Owned Alterations and Utility Installations, Trade Fixtures Fixtures, and Lessee's personal property shall be insured by Lessee pursuant to under Paragraph 8.48.4 rather than by Lessor. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating Applicable Requirements requiring the upgrading, demolition, reconstruction or replacement of any undamaged sections portion of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws Premises as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $1,000 per occurrence, and Lessee shall be liable for such deductible amount in the event of an Insured Loss.

Appears in 3 contracts

Samples: Sugarmade, Inc., Diversified Opportunities, Inc., Cii Financial Inc

Building and Improvements. Lessor The Insuring Party shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to the holders of any mortgages, deeds of trust or ground leases on the Premises ("Lender(s), "). insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lenders, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Lessee Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property Installations shall be insured by Lessee pursuant to under Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building Premises required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered cause of loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.. (b)

Appears in 3 contracts

Samples: Boyds Wheels Inc, Boyds Wheels Inc, Boyds Wheels Inc

Building and Improvements. Lessor The Insuring Party shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to the holders of any mortgages, deeds of trust or ground leases on the Premises ("Lender(s)"), insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lenders, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-If Lessor is the Insuring Party, however, Lessee Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property Installations shall be insured by Lessee pursuant to under Paragraph 8.48.4 rather than by Lessor. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building Premises required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered cause of loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not $5,000 per occurrence, and Lessee shall be liable for such deductible amount in the event of an Insured Loss, as defined in Paragraph 9.1 (c).

Appears in 3 contracts

Samples: Details Inc, Details Capital Corp, Details Inc

Building and Improvements. Lessor The Insuring Party shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to the holders of any Lender(smortgages, deeds of trust or ground leases on the Premises ("LENDER(S)"), insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lenders, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter later amount is less than full replacement cost. Lessee-If Lessor is the Insuring Party, however, Lessee Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property Installations shall be insured by Lessee pursuant to under Paragraph 8.48.4 rather than by Lessor. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building Premises required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered cause of loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $1,000 per occurrence, and Lessee shall be liable for such deductible amount in the event of an Insured Loss, as defined in Paragraph 9.1(c).

Appears in 3 contracts

Samples: Marimba Inc, Marimba Inc, Marimba Inc

Building and Improvements. Lessor Landlord shall obtain and keep in force during the term of this Lease a policy or policies in the name of LessorLandlord, with loss payable to Lessor Landlord and to any Lender(s), insuring against loss or damage to the Building and Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. LesseeTenant-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's Tenant’s personal property shall be insured by Lessee Tenant pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's Landlord’s policy or policies shall insure against all risks of direct physical loss or damage (except and at Landlord’s option the perils of flood and/or earthquake unless required by a Lenderearthquake), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 3 contracts

Samples: Responding Party (Penumbra Inc), Responding Party (Penumbra Inc), Penumbra Inc

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the then commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a LenderLender or included in the Base Premium), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 2 contracts

Samples: Micro General Corp, Micro General Corp

Building and Improvements. Lessor The Insuring Party shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to the holders of any Lender(smortgages, deeds of trust or ground leases on the Premises ("LENDER(S)"), insuring against loss lot or damage to the Premises. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lenders, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Lessee Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property Installations shall be insured by Lessee pursuant to under Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any an additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building Premises required to be demolished or removed by reason of the enforcement of any building, zoning, zoning safety or land use laws as the result of a covered cause of loss, but not including plate glass insurance. Said policy or policies shall also contain an a agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 2 contracts

Samples: American Custom Components Inc, American Custom Components Inc

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's ’s personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's ’s policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a LenderLender or included in the Base Premium), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 2 contracts

Samples: Emmaus Holdings, Inc., Emmaus Holdings, Inc.

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, . with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Premises Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, . such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), . including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, . and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city one nearest to where the Premises are located.

Appears in 2 contracts

Samples: Futon World Inc, Futon World Inc

Building and Improvements. Lessor The Insuring Party shall obtain and keep in force during the term Term of this Lease a policy or policies in with Landlord named as an additional insured (if Tenant is the name of LessorInsuring Party), with loss payable to Lessor Landlord and to the holders of any mortgages, deeds of trust or ground leases on the Premises (“Lender(s)”), insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and at a commercially appropriatereasonable cost, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except including Boiler and Machinery coverage and the perils of flood and/or earthquake unless required by a Lenderand earthquake), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building Premises required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, coinsurance clause and waiver of subrogation, and inflation guard protection causing an increase in the annual property . If such insurance coverage amount has a deductible clause, then Tenant shall be liable for such deductible amount. Even if Landlord is the Insuring Party, Tenant’s personal property shall be insured by a factor of not less Tenant under ¶16.d. rather than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are locatedby Landlord.

Appears in 2 contracts

Samples: Lsi Logic Corp, Lsi Logic Corp

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the 'he coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all at; risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a LenderLender or included in the Base Premium), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. LJ.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 2 contracts

Samples: DCH Technology Inc, DCH Technology Inc

Building and Improvements. Lessor The Insuring Party shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to the holders of any mortgages, deeds of trust or ground leases on the Premises ("Lender(s)"), insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lenders, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-If Lessor is the Insuring Party, however, Lessee Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property installations shall be insured by Lessee pursuant to under Paragraph 8.48.4 rather than by Lessor. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building Premises required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered cause of loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $1,000 per occurrence, and Lessee shall be liable for such deductible amount in the event of an Insured Loss, as defined in Paragraph 9.1(c). (b)

Appears in 2 contracts

Samples: Pacific Research & Engineering Corp, Pacific Research & Engineering Corp

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies of insurance in the name of Lessor, with loss payable to Lessor Lessor, any ground-lessor, and to any Lender(s), Lender insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lender, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement costthereof. Lessee-Lessee Owned Alterations and Utility Installations, Trade Fixtures Fixtures, and Lessee's personal property shall be insured by Lessee pursuant to under Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating Applicable Requirements requiring the upgrading, demolition, reconstruction or replacement of any undamaged sections portion of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws Premises as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $1,000 per occurrence.

Appears in 2 contracts

Samples: Essxsport Corp, Essxsport Corp

Building and Improvements. Lessor The insuring Party shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor Lessor, any groundlessor, and to any Lender(s), ) insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lenders, but in no event more than the commercially reasonable and available insurable value thereof ifthereof. If Lessor is the Insuring Party, by reason of the unique nature or age of the improvements involvedhowever, such latter amount is less than full replacement cost. Lessee-Lessee Owned Alterations and Utility Installations, Trade Fixtures Fixtures, and Lessee's ’s personal property shall be insured by Lessee pursuant to under Paragraph 8.48.4 rather than by Lessor. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating Applicable Requirements requiring the upgrading, demolition, reconstruction or replacement of any undamaged sections portion of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws Premises as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $1,000 per occurrence and Lessee shall be liable for such deductible amount in the event of an Insured Loss.

Appears in 2 contracts

Samples: Arbitration Agreement (Nextest Systems Corp), Arbitration Agreement (Nextest Systems Corp)

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(slenders), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. LesseeLessees-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a LenderLender or included in the Base Premium), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies polices shall also contain an agreed valuation provision provisioning in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for of the city nearest to where the Premises are located.

Appears in 2 contracts

Samples: Pets Com Inc, Pets Com Inc

Building and Improvements. Lessor The Insuring Party shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to the holders of any Lender(smortgages, deeds of trust or ground leases on the Premises ("LENDER(S)"), insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lenders, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Lessee Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property Installations shall be insured by Lessee pursuant to under Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building Premises required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered cause of loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 2 contracts

Samples: North American Scientific Inc, Vdi Media

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lesseelessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 2 contracts

Samples: Telephone (Formfactor Inc), Formfactor Inc

Building and Improvements. Lessor Landlord shall obtain and keep in force during the term of this Lease a policy or policies in the name of LessorLandlord, with loss payable to Lessor Landlord and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, time or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. LesseeTenant pursuant to Paragraph 8.4 shall insure tenant-Owned Alterations and Utility Installations, Trade Fixtures and LesseeTenant's personal property shall be insured by Lessee pursuant to Paragraph 8.4property. If the coverage is available and commercially appropriate, LessorLandlord's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 2 contracts

Samples: SBS Technologies Inc, SBS Technologies Inc

Building and Improvements. Lessor The Insuring Party shall obtain and keep in force during the term Term of this Lease a policy or policies in the name of LessorLandlord, with loss payable to Lessor Landlord and to the holders of any mortgages, deeds of trust or ground leases on the Business Park ("Lender(s)"), insuring against loss or damage to the PremisesBusiness Park. Such The amount of such insurance shall be for equal to the full replacement costcost of the Business Park, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's Such policy or policies shall insure against all risks of direct physical loss or damage (except including Boiler and Machinery coverage and the perils of flood and/or earthquake unless required by and earthquake) (if available at a Lendercommercially reasonable cost), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building Business Park required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, subrogation and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are Business Park is located. If such insurance coverage has a deductible clause, then Tenant shall be liable for its proportionate share of such deductible amount not to exceed $10,000.00. Even if Landlord is the Insuring Party, Tenant's personal property shall be insured by Tenant under (P) 16.d. rather than by Landlord.

Appears in 2 contracts

Samples: Docent Inc, Docent Inc

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lenderlender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.insurance

Appears in 2 contracts

Samples: Centaur Pharmaceuticals Inc, Centaur Pharmaceuticals Inc

Building and Improvements. Lessor shall obtain and keep in In force during the term of this Lease a policy or policies in of Insurance In the name of Lessor, with loss payable to Lessor Lessor, any ground-lessor, and to any Lender(s), Lender insuring against loss or damage to the Premises. The amount of Such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to timelime, or the amount required by any Lender(s)Lender, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement costthereof. Lessee-Lessee Owned Alterations and Utility Installations, Trade Fixtures Fixtures, and Lessee's personal property shall shell be insured by Lessee pursuant to under Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for end the enforcement of any ordinance or law regulating Applicable Requirements requiring the upgrading, demolition, reconstruction or replacement of any undamaged sections portion of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws Premises as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation Inflation guard protection causing an increase in In the annual property insurance Insurance coverage amount by a factor of not less than man the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.. If such Insurance coverage has a deductible clause, the deductible amount shall not exceed $1,000 per occurrence. (b)

Appears in 2 contracts

Samples: www.sec.gov, American Consolidated Management Group Inc

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor Lessor, any ground-lessor, and to any Lender(s), Lender insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full insurable replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lender, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement costthereof. Lessee-Lessee Owned Alterations and Utility Installations, Trade Fixtures Fixtures, and Lessee's ’s personal property shall be insured by Lessee pursuant to Paragraph 8.4not by Lessor. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating Applicable Requirements requiring the upgrading, demolition, reconstruction or replacement of any undamaged sections portion of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws Premises as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $5,000 per occurrence, and Lessee shall be liable for such deductible amount in the event of an Insured Loss.

Appears in 2 contracts

Samples: Lease (SeaSpine Holdings Corp), Lease (SeaSpine Holdings Corp)

Building and Improvements. Lessor The Insuring Party shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor Lessor, any groundlessor, and to any Lender(s), ) insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lenders, but in no event more than the commercially reasonable and available insurable value thereof ifthereof. If Lessor is the Insuring Party, by reason of the unique nature or age of the improvements involvedhowever, such latter amount is less than full replacement cost. Lessee-Lessee Owned Alterations and Utility Installations, Trade Fixtures Fixtures, and Lessee's personal property shall be insured by Lessee pursuant to under Paragraph 8.48.4 rather than by Lessor. If the coverage is available and commercially appropriate, Lessor's appropriate such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating Applicable Requirements requiring the upgrading, demolition, reconstruction or replacement of any undamaged sections portion of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws Premises as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $1,000 per occurrence, and Lessee shall be liable for such deductible amount in the event of an Insured Loss.

Appears in 2 contracts

Samples: Lease Extension Agreement (Alphatec Holdings, Inc.), Alphatec Holdings, Inc.

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 2 contracts

Samples: Lessor and Lessee (Livingston Enterprises Inc), Launch Media Inc

Building and Improvements. Lessor shall obtain and keep in In force during the term of this Lease a policy or policies in In the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring Insuring against loss or damage to the Premises. Such insurance shall Insurance shall,be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in In no event more than the commercially reasonable and available insurable Insurable value thereof ifIf, by reason of the unique nature or age of the improvements involvedImprovements Involved, such latter amount is Is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is Is available and commercially appropriate, Lessor's policy or policies shall insure Insure against all risks of direct physical loss or damage (except the perils of flood and/or end/or earthquake unless required by a LenderLender or included In the Base Premium), including Including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including Including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in In lieu of any co-insurance Insurance clause, waiver of subrogation, and inflation guard protection causing an increase Increase in the annual property insurance Insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 2 contracts

Samples: Amexdrug Corp, Amexdrug Corp

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a LenderLender or included in the Base Premium), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.. (b)

Appears in 2 contracts

Samples: Lease Agreement (Sunrise Telecom Inc), Digital Bridge Inc

Building and Improvements. Lessor The Insuring Party shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to the holders of any Lender(smortgages, deeds of trust or ground leases on the Premises ("LENDER(S)"), insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lenders, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-If Lessor is the Insuring Party, however, Lessee Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property Installations shall be insured by Lessee pursuant to under Paragraph 8.48.4 rather than by Lessor. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lenderearthquake), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building Premises required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered cause of loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $1,000 per occurrence, and Lessee shall be liable for such deductible amount in the event of an Insured Loss, as defined in Paragraph 9.1(c).

Appears in 2 contracts

Samples: Meade Instruments Corp, Meade Instruments Corp

Building and Improvements. Lessor The Insuring Party shall obtain and keep in force during the term of this Lease a policy or policies in In the name of Lessor, with loss payable to Lessor Lessor, any ground-lessor, and to any Lender(s), Lender insuring against loss or damage to the Premises. Such insurance The amount of such Insurance shall be for equal to the full insurable replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lender, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement costthereof. Lessee-Lessee Owned Alterations and Utility Installations, Trade Fixtures Fixtures, and Lessee's ’s personal property shall be insured by Lessee pursuant to Paragraph 8.4not by Lessor. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating Applicable Requirements requiring the upgrading, demolition, reconstruction or replacement of any undamaged sections portion of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws Premises as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $5,000 per occurrence, and Lessee shall be liable for such deductible amount in the event of an Insured Loss.

Appears in 2 contracts

Samples: AutoGenomics, Inc., AutoGenomics, Inc.

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies of insurance in the name of Lessor, with loss payable to Lessor Lessor, any ground-lessor, and to any Lender(s), Lender insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full insurable replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lender, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement costthereof. Lessee-Lessee Owned Alterations and Utility Installations, Trade Fixtures Fixtures, and Lessee's ’s personal property shall be insured by Lessee pursuant to Paragraph 8.4not by Lessor. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating Applicable Requirements requiring the upgrading, demolition, reconstruction or replacement of any undamaged sections portion of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws Premises as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed a commercially reasonable amount.

Appears in 2 contracts

Samples: Cue Health Inc., Cue Health Inc.

Building and Improvements. Lessor The Insuring Party shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor Lessor, any groundlessor, and to any Lender(s), ) insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lenders, but in no event more than the commercially reasonable and available insurable value thereof ifthereof. If Lessor is the Insuring Party, by reason of the unique nature or age of the improvements involvedhowever, such latter amount is less than full replacement cost. Lessee-Lessee Owned Alterations and Utility Installations, Trade Fixtures Fixtures, and Lessee's ’s personal property shall be insured by Lessee pursuant to under Paragraph 8.48.4 rather than by Lessor. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating Applicable Requirements requiring the upgrading, demolition, reconstruction or replacement of any undamaged sections portion of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws Premises as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $5,000 per occurrence, and Lessee shall be liable or such deductible amount in the event of an Insured Loss.

Appears in 2 contracts

Samples: Dolby Laboratories, Inc., Dolby Laboratories, Inc.

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lesseelessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lenderlender or included in the Base Premium), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 2 contracts

Samples: Centaur Pharmaceuticals Inc, Centaur Pharmaceuticals Inc

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss less payable to Lessor and to the holders of any mortgages or deeds of trust on the Premises (“Lender(s)”), insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, ; or the amount required by any Lender(s)Lenders, but in no event more than the commercially reasonable and available insurable value thereof ifreasonable. However, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Lessee Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property Installations shall be insured by Lessee pursuant to under Paragraph 8.48.4 rather than by Lessor. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building Premises required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered cause of loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where Los Angeles Urban Area. If such insurance coverage has a deductible clause, the Premises are locateddeductible amount shall not exceed $1,000 per occurrence, and Lessee shall be liable for such deductible amount in the event of an Insured Loss, as defined in Paragraph 9.1 (c).

Appears in 1 contract

Samples: Commercial Lease Agreement (Openwave Systems Inc)

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements Improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a LenderLender or included in the Base Premium), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 1 contract

Samples: Guaranty (Photomatrix Inc/ Ca)

Building and Improvements. Lessor The Insuring Party shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor Lessor, any ground lessor, and to any Lender(s), ) insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lenders, but in no event more than the commercially reasonable and available insurable value thereof ifthereof. If Lessor is the Insuring Party, by reason of the unique nature or age of the improvements involvedhowever, such latter amount is less than full replacement cost. Lessee-Lessee Owned Alterations and Utility Installations, Trade Fixtures Fixtures, and Lessee's ’s personal property shall be insured by Lessee pursuant to under Paragraph 8.48.4 rather than by Lessor. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating Applicable Requirements requiring the upgrading, demolition, reconstruction or replacement of any undamaged sections portion of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws Premises as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $10,000 per occurrence, and Lessee shall be liable for such deductible amount in the event of an Insured Loss.

Appears in 1 contract

Samples: Saflink Corp

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, in Lessor's sole judgment, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except including the perils of flood and/or earthquake unless required by a Lenderearthquake), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 1 contract

Samples: Non Disturbance Agreement (Universal Access Inc)

Building and Improvements. Lessor The Insuring Party shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor Lessor, any groundlessor, and to any Lender(s), ) insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full replacement cost, cost of the Premises including Alterations and Utility Installations as the same shall exist from time to time, or the amount required by any Lender(s)Lenders, but in no event more than the commercially reasonable and available insurable value thereof ifthereof. If Lessor is the Insuring Party, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installationshowever, Trade Fixtures Fixtures, and Lessee's personal property shall be insured by Lessee pursuant to under Paragraph 8.48.4 rather than by Lessor. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating Applicable Requirements requiring the upgrading, demolition, reconstruction or replacement of any undamaged sections portion of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws Premises as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $1,000 per occurrence, and Lessor shall be liable for such deductible amount in the event of an Insured Loss.

Appears in 1 contract

Samples: Acadia Pharmaceuticals Inc

Building and Improvements. Lessor The Insuring Party shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor Lessor, any ground-lessor, and to any Lender(s), Lender insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full Insurable replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lender, but in no event more than the commercially reasonable and available insurable Insurable value thereof ifthereof, by reason of if Lessor is the unique nature or age of the improvements involvedInsuring Party, such latter amount is less than full replacement cost. Lessee-however, Lessee Owned Alterations and Utility Installations, Trade Fixtures Fixtures, and Lessee's ’s personal property shall be insured by Lessee pursuant to under Paragraph 8.48.4 rather than by Lessor. If the coverage is available and commercially appropriateavailable, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender)damage, including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating Applicable Requirements requiring the upgrading, demolition, reconstruction or replacement of any undamaged sections portion of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws Premises as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in In the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $1,000 per occurrence, and Lessee shall be liable for such deductible amount in the event of an Insured Loss not to exceed $1000 per casualty. Lessee acknowledges that Lessor has earthquake Insurance on the Building and is included in the operating expense estimate (Exhibit C).

Appears in 1 contract

Samples: Office Lease (BridgeBio Pharma, Inc.)

Building and Improvements. Lessor The Insuring Party shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor Lessor, any ground-lessor, and to any Lender(s), Lender insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full insurable replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lender, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement costthereof. Lessee-Lessee Owned Alterations and Utility Installations, Trade Fixtures Fixtures, and Lessee's ’s personal property shall be insured by Lessee pursuant to Paragraph 8.4not by Lessor. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating Applicable Requirements requiring the upgrading, demolition, reconstruction or replacement of any undamaged sections portion of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws Premises as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.. If such insurance coverage has a deductible clause, the deductible amount shall not exceed a commercially reasonable amount, and Lessee shall be liable for such deductible amount in the event of an Insured Loss. /s/ CK /s/ DS

Appears in 1 contract

Samples: ImmunityBio, Inc.

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installationsinstallations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of on the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any ant co-insurance clause, waiver clause waver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 1 contract

Samples: Synbiotics Corp

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located, at its election.

Appears in 1 contract

Samples: Myo Diagnostics Inc

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of or subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.U.S.

Appears in 1 contract

Samples: Anda Networks Inc

Building and Improvements. Lessor The Insuring Party shall obtain and keep in force during the term Term of this Lease a policy or policies in the name of Lessorpolicies, with loss payable to Lessor and to the holders of any mortgages, deeds of trust or ground leases on the Premises ("Lender(s)"), insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises ($6,150,000 on the Commencement Date of the Lease), as the same shall exist from time to time, or the amount required by any Lender(s)Lenders, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-If Lessor is the Insuring Party, however, Lessee Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property Installations shall be insured by Lessee pursuant to under Paragraph 8.48.4 rather than by Lessor. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a LenderLender and commercially appropriate), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building Premises required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered cause of loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $10,000 per occurrence, and Lessee shall be liable for such deductible amount in the event of an Insured Loss, as defined in Paragraph 9.1(c).

Appears in 1 contract

Samples: Futurelink Corp

Building and Improvements. Lessor Landlord shall obtain and keep in force during the term of this Lease a policy or policies in the name of LessorLandlord, with loss payable to Lessor Landlord and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. LesseeTenant-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's Tenant’s personal property shall be insured by Lessee Tenant pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's Landlord’s policy or policies shall insure against all risks of direct physical loss or damage (except and at Landlord’s option the perils of flood and/or earthquake unless required by a Lenderearthquake), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.. MULTI-TENANT - MODIFIED NET Eight-L 1993 —8— Initials /

Appears in 1 contract

Samples: ADESTO TECHNOLOGIES Corp

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement replacements cost. Lessee-Owned Alterations and Utility InstallationsAlterations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a LenderLender or included in the Base Premium), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of or subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 1 contract

Samples: Optical Access Inc

Building and Improvements. Lessor The Insuring Party shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to the holders of any mortgages, deeds of trust or ground leases on the Premises ("Lender(s)"), insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lenders, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Lessee Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property Installations shall be insured by Lessee pursuant to under Paragraph 8.4. 8.4 If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building Premises required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered cause of loss, but not including plate glass insurance. Said policy or policies shall also contain an and agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 1 contract

Samples: Phoenix International Life Sciences Inc

Building and Improvements. Lessor The Insuring Party shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor Lessor, any ground-lessor, and to any Lender(s), Lender insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lender, but in no event more than the commercially reasonable and available insurable value thereof ifthereof. If Lessor is the Insuring Party, by reason of the unique nature or age of the improvements involvedhowever, such latter amount is less than full replacement cost. Lessee-Lessee Owned Alterations and Utility Installations, Trade Fixtures Fixtures, and Lessee's ’s personal property shall be insured by Lessee pursuant to under Paragraph 8.48.4 rather than by Lessor. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating Applicable Requirements requiring the upgrading, demolition, reconstruction or replacement of any undamaged sections portion of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws Premises as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed 1,000 GBP per occurrence, and Lessee shall be liable for such deductible amount in the event of an Insured Loss.

Appears in 1 contract

Samples: Wesco Aircraft Holdings, Inc

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises; however, Lessor shall not be required to insure the Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property, which shall be insured by Lessee pursuant to Paragraph 8.4. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a LenderLender or elected by Lessor), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 1 contract

Samples: Graham Field Health Products Inc

Building and Improvements. Lessor Landlord shall obtain and keep in force during the term Term of this Lease Lease, as an item of Operating Expenses, a policy or policies in the name of LessorLandlord, with loss payable to Lessor Landlord and to the holders of any mortgages, deeds of trust or ground leases on the Premises ("Lender(s)"), insuring against loss or damage to the PremisesBuilding, including all improvements, fixtures, furnishings and equipment. Such However, Tenant Owned Alterations and Utility Installations shall be insured by Tenant under Paragraph 8.4 rather than by Landlord. The amount of such insurance shall be for equal to the full replacement costcost of the Building, including all improvements, fixtures, furnishings and equipment as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involvedLenders. At Landlord's option, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except including, without limitation, the perils of flood and/or earthquake unless required by a Lenderand earthquake), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered cause or loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department Index. If such insurance coverage has a deductible clause, the deductible shall not exceed commercially reasonable amounts, and in the event of Labor Consumer Price Index for All Urban Consumers for any casualty, the city nearest to where the Premises are locatedamount of such deductible shall be an item of Operating Expenses.

Appears in 1 contract

Samples: Diamond Entertainment Corp

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, cost as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 1 contract

Samples: Nuvasive Inc

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Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If , if the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or of damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 1 contract

Samples: Keith Companies Inc

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. , Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 1 contract

Samples: Sonicport Com

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installationsinstallations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood flooded and/or earthquake unless required by a LenderLender or included in the Base Premium), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of or subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 1 contract

Samples: Willis Lease Finance Corp

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.48 4. If the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all ail risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a LenderLender or included in the Base Premium), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-co- insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 1 contract

Samples: Supergen Inc

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 1 contract

Samples: Agreement (Pacific Biometrics Inc)

Building and Improvements. Lessor The Insuring Party shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor Lessor, any ground-lessor, and to any Lender(s), Lender insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full insurable replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lender, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement costthereof. Lessee-Lessee Owned Alterations and Utility Installations, Trade Fixtures Fixtures, and Lessee's Xxxxxx’s personal property shall be insured by Lessee pursuant to Paragraph 8.4not by Xxxxxx. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating Applicable Requirements requiring the upgrading, demolition, reconstruction or replacement of any undamaged sections portion of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws Premises as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $5,000.00 per occurrence, and Lessee shall be liable for such deductible amount in the event of an Insured Loss.

Appears in 1 contract

Samples: Lease

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a LenderLender or included in the Base Premium), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, . but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 1 contract

Samples: Voice Powered Technology International Inc

Building and Improvements. Lessor The Insuring Party shall obtain and keep in In force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to the holders of any mortgages, deeds of trust or ground leases on the Premises (“Lender(s)”), insuring against loss or (*all roll up doors, ramps dock equipment including without limitation dock bumpers, dock plates, dock seals, dock levelers, dock lights, sump pump and all Lessee’s signage.) damage to the Premises. Such insurance The amount of such Insurance shall be for equal to the full replacement costcost except with regard to earthquake, and/or flood where Insurance may be (or a lesser amount of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lenders, but in In no event more than the commercially reasonable and available insurable Insurable value thereof ifIf, by reason of the unique nature or age of f the improvements involvedInvolved, such latter amount is less than full replacement cost. Lessee-If Lessor Is the Insuring Party, however, Lessee Owned Alterations and an Utility Installations, Trade Fixtures and Lessee's personal property Installations shall be insured Insured by Lessee pursuant to under Paragraph 8.48.4 rather than by Lessor. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure Insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender)Lender or at Lessor’s discretion, including Including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building Premises required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered cause of loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 1 contract

Samples: Invivo Corp

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor Lessor, any groundlessor, and to any Lender(s), ) insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lenders, but in no event shall Lessor be required to carry more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement costthereof. Lessee-Lessee Owned Alterations and Utility Installations, Trade Fixtures Fixtures, and Lessee's personal property shall be insured by Lessee pursuant to under Paragraph 8.48.4 and not under any Lessor's policies of insurance. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of terrorism, flood and/or earthquake unless required by Lessor or a Lender), including including, without limitation, coverage for any additional costs resulting from debris removal removal' and reasonable amounts of coverage for the enforcement of any ordinance or law regulating Applicable Requirements requiring the upgrading, demolition, reconstruction or replacement of any undamaged sections portion of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws Premises as the result of a covered loss. Without limiting the generality of the foregoing, but not including plate glass insurance. Said said policy or policies shall also contain if available and commercially appropriate an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $100,000 per occurrence, and Lessee shall be liable for such deductible amount in the event of an Insured Loss. In addition to the policies of property insurance required to be carried by Lessor under the provisions of this Lease, Lessor shall have the right (but not the obligation), if required by Lessor’s Lender, to maintain terrorism, earthquake and/or flood insurance with respect to the Building and the Project, in which event the costs of such insurance shall be included in the Common Area Operation Expenses. Lessee acknowledges that the current Lessor’s Lender requires the maintenance of terrorism, earthquake and flood insurance with respect to the Building and the Project.

Appears in 1 contract

Samples: SMART Modular Technologies (WWH), Inc.

Building and Improvements. Lessor The Insuring Party shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to the holders of any Lender(smortgages, deeds of trust or ground leases on the Premises ("LENDER(S)"), insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lenders, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Lessee Owned Alterations and end Utility Installations, Trade Fixtures and Lessee's personal property Installations shall be insured by Lessee pursuant to under Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building Premises required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered cause of loss, but not including plate glass insuranceInsurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.. (b)

Appears in 1 contract

Samples: Burke Industries Inc /Ca/

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance MULTI-TENANT -- MODIFIED NET (C)American Industrial Real Estate Association 1993 Initials:________ ________ 7 coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 1 contract

Samples: Metacreations Corp

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations Alternations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any nay undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, loss but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 1 contract

Samples: Datron Systems Inc/De

Building and Improvements. Lessor The Insuring Party shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor Lessor, any ground-lessor, and to any Lender(s), Lender insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full insurable replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lender, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement costthereof. Lessee-Lessee Owned Alterations and Utility Installations, Trade Fixtures Fixtures, and Lessee's ’s personal property shall be insured by Lessee pursuant to Paragraph 8.4not by Lessor. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating Applicable Requirements requiring the upgrading, demolition, reconstruction or replacement of any undamaged sections portion of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws Premises as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $5,000 per occurrence, and Lessee shall be liable for such deductible amount in the event of an Insured Loss. ________ ________ INITIALS INITIALS

Appears in 1 contract

Samples: Work Agreement (Glass House Brands Inc.)

Building and Improvements. Lessor The Insuring Party shall obtain and keep in force during the term of this Lease lease a policy or policies in the name of Lessor, with loss payable to Lessor but naming Lessee as an additional insured) and to the holders of any mortgages, deeds of trust or ground leases on the Premises ("Lender(s)"), insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lenders, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-If Lessor is the Insuring Party, however, Lessee Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property Installations shall be insured by Lessee pursuant to under Paragraph 8.48.4 rather than by Lessor. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs cost resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered cause of loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $1,000 per occurrence, and Lessee shall be liable for such deductible amount in the event of an Insured Loss, as defined in Paragraph 9.1(c).

Appears in 1 contract

Samples: Rita Medical Systems Inc

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss less payable to Lessor and to the holders of any mortgages or deeds of trust on the Premises ("Lender(s)"), insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, ; or the amount required by any Lender(s)Lenders, but in no event more than the commercially reasonable and available insurable value thereof ifreasonable. However, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Lessee Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property Installations shall be insured by Lessee pursuant to under Paragraph 8.48.4 rather than by Lessor. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building Premises required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered cause of loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where Los Angeles Urban Area. If such insurance coverage has a deductible clause, the Premises are locateddeductible amount shall not exceed $1,000 per occurrence, and Lessee shall be liable for such deductible amount in the event of an Insured Loss, as defined in Paragraph 9.1 (c).

Appears in 1 contract

Samples: Commercial Lease Agreement (Software Com Inc)

Building and Improvements. Lessor The Insuring Party shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor Lessor, any ground-lessor, and to any Lender(s), Lender insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full insurable replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lender, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement costthereof. Lessee-Lessee Owned Alterations and Utility Installations, Trade Fixtures Fixtures, and Lessee's ’s personal property shall be insured by Lessee pursuant to Paragraph 8.4not by Lessor. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating Applicable Requirements requiring the upgrading, demolition, reconstruction or replacement of any undamaged sections portion of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws Premises as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $5,000 per occurrence, and Lessee shall be liable for such deductible amount in the event of an Insured Loss.

Appears in 1 contract

Samples: Hancock Jaffe Laboratories, Inc.

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or and policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the this improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a LenderLender or included in the Base Premium), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required by a Lender or included in the Base Premium), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 1 contract

Samples: Ciphergen Biosystems Inc

Building and Improvements. Lessor The Insuring Party shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to the holders of any Lender(smortgages, deeds of trust or ground leases on the Premises ("LENDER(S)"), insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal lo the full replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lenders, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Lessee Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property Installations shall be insured by Lessee pursuant to under Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building Premises required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered cause of loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 1 contract

Samples: Dental Medical Diagnostic Systems Inc

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any an Lender(s), but in no event more than the commercially reasonable and available insurable value thereof ifit, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 1 contract

Samples: Smartflex Systems Inc

Building and Improvements. Lessor shall obtain and keep in force ------------------------- during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if6, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a LenderLender or included in the Base Premium), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 1 contract

Samples: Critical Path Inc

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor Lessor, any groundlessor, and to any Lender(s), ) insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lenders, but in no event shall Lessor be required to carry more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement costthereof. Lessee-Lessee Owned Alterations and Utility Installations, Trade Fixtures Fixtures, and Lessee's ’s personal property shall be insured by Lessee pursuant to under Paragraph 8.48.4 and not under any Lessor’s policies of insurance. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of terrorism, flood and/or earthquake unless required by Lessor or a Lender), including including, without limitation, coverage for any additional costs resulting from debris removal removal’ and reasonable amounts of coverage for the enforcement of any ordinance or law regulating Applicable Requirements requiring the upgrading, demolition, reconstruction or replacement of any undamaged sections portion of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws Premises as the result of a covered loss. Without limiting the generality of the foregoing, but not including plate glass insurance. Said said policy or policies shall also contain if available and commercially appropriate an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $100,000 per occurrence, and Lessee shall be liable for such deductible amount in the event of an Insured Loss. In addition to the policies of property insurance required to be carried by Lessor under the provisions of this Lease, Lessor shall have the right (but not the obligation), if required by Lessor’s Lender, to maintain terrorism, earthquake and/or flood insurance with respect to the Building and the Project, in which event the costs of such insurance shall be included in the Common Area Operation Expenses. Lessee acknowledges that the current Lessor’s Lender requires the maintenance of terrorism, earthquake and flood insurance with respect to the Building and the Project.

Appears in 1 contract

Samples: SMART Global Holdings, Inc.

Building and Improvements. Lessor The Insuring Party shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to the holders of any mortgages, deeds of trust or ground leases on the Premises ("Lender(s)"), insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full replacement costcost of the premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lenders, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Lessee Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property Installations shall be insured by Lessee pursuant to Paragraph 8.4under Paragraph. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of or direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building Premises required to be demolished or 9 removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered cause of loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has deductible clause, the deductible amount shall not exceed $1,000 per occurrence, and Lessee shall be liable for such deductible amount in the event of an Insured Loss, as defined in Paragraph 9.1 (c).

Appears in 1 contract

Samples: Atl Products Inc

Building and Improvements. Lessor The Insuring Party shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to the holders of any mortgages, deeds of trust or ground leases on the Premises ("Lender(s)"), insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises ($1,236.632.00 at time of Lease Commencement), as the same shall exist from time to time, or the amount required by any Lender(s)Lenders, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-If Lessor is the Insuring Party, however, Lessee Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property Installations shall be insured by Lessee pursuant to under Paragraph 8.48.4 rather than by Lessor. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building Premises required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered cause of loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $1,000 per occurrence, and Lessee shall be liable for such deductible amount in the event of an Insured Loss, as defined in Paragraph 9.1(c).

Appears in 1 contract

Samples: Who Vision Systems Inc /Fl

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's ’s personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's ’s policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 1 contract

Samples: Parametric Sound Corp

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or of age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a LenderLender or included in the Base Premium), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or by removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 1 contract

Samples: Razorfish Inc

Building and Improvements. Lessor The Insuring Party shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to the holders of any mortgages, deeds of trust or ground leases on the Premises ("Lender(s)"), insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lenders, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements Improvements involved, such latter amount is less than full replacement cost. Lessee-If Lessor is the Insuring Party, however, Lessee Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property Installations shall be insured by Lessee pursuant to under Paragraph 8.48.4 rather than by Lessor. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender)damage, including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building Premises required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered cause of loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $1,000 per occurrence, and Lessee shall be liable for such deductible amount in the event of an Insured Loss, as defined in Paragraph 9.1(c)/ (b)

Appears in 1 contract

Samples: Source Scientific Inc

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and end commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless reasonably available and required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises premises are located.. (b)

Appears in 1 contract

Samples: Mossimo Inc

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies polices in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property prxxxxxx shall be insured by Lessee pursuant to Paragraph 8.4. If It the coverage is available and commercially appropriate, appropriate Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a LenderLender or included in the Base Premium), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 1 contract

Samples: Empyrean Bioscience Inc

Building and Improvements. Lessor The Insuring Party shall obtain and keep in force during the term of this Lease a an "all risk" policy or policies in the name of Lessor, with loss payable to Lessor and to the holders of any mortgages, deeds of trust or ground leases on the Premises ("Lender(s)"), insuring against loss or damage to the Premises. Such The amount of such insurance shall be for full equal to the Full replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lenders, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for sprinkler leakage and any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building Premises required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered cause of loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All all Urban Consumers for the city nearest to where the Premises are located.. SEE ADDENDUM PARAGRAPH 57

Appears in 1 contract

Samples: Simpson Manufacturing Co Inc /Ca/

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a LenderLender or included in the Base Premium), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.. MULTI-TENANT - GROSS Initials ____ ____

Appears in 1 contract

Samples: Seracare Life Sciences Inc

Building and Improvements. Lessor The Insuring Party shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor Lessor, any ground-lessor, and to any Lender(s), Lender insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full insurable replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lender, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement costthereof. Lessee-Lessee Owned Alterations and Utility Installations, Trade Fixtures Fixtures, and Lessee's ’s personal property shall be insured by Lessee pursuant to as required under Paragraph 8.48.4 rather than by Lessor. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a LenderLender or included in the Base Premium), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating Applicable Requirements requiring the upgrading, demolition, reconstruction or replacement of any undamaged sections portion of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws Premises as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. U S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $ 5,000 per occurrence, and Lessee shall be liable for such deductible amount in the event of an Insured Loss.

Appears in 1 contract

Samples: Fox Factory Holding Corp

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 1 contract

Samples: Vantagemed Corp

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of or subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 1 contract

Samples: Anda Networks Inc

Building and Improvements. Lessor The Insuring Party shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor Lessor, any ground-lessor, and to any Lender(s), Lender insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises, as the same shall exist from time to time, or the amount required by any Lender(s)Lender, but in no event more than the commercially reasonable and available insurable value thereof ifthereof. If Lessor is the Insuring Party, by reason of the unique nature or age of the improvements involvedhowever, such latter amount is less than full replacement cost. Lessee-Lessee Owned Alterations and Utility Installations, Trade Fixtures Fixtures, and Lessee's ’s personal property shall be insured by Lessee pursuant to under Paragraph 8.48.4 rather than by Lessor. If the coverage is available and commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating Applicable Requirements requiring the upgrading, demolition, reconstruction or replacement of any undamaged sections portion of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws Premises as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $1,000 per occurrence, and Lessee shall be liable for such deductible amount in the event of an Insured Loss.

Appears in 1 contract

Samples: Wesco Aircraft Holdings, Inc

Building and Improvements. Lessor Tenant shall obtain and keep in force ------------------------- during the term of this Lease Term a policy or policies of insurance in the name of LessorLandlord, with loss payable to Lessor and to any Lender(s), Landlord insuring against loss damage to, or damage to destruction of any improvements comprising the Premises, together with all fixtures, machinery and equipment therein and thereon. Such The amount of such insurance shall be for equal to the full replacement costcost of the improvements comprising the Premises, as the same such cost shall exist change from time to time, or the such greater amount as may be required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4Applicable Laws. If the coverage is available and commercially appropriate, Lessor's Such policy or policies shall insure against all risks of direct physical loss or damage (except including, if mutually approved of by Landlord and Tenant, the perils of flood and/or earthquake unless required by a Lenderearthquake; provided, however, that Tenant shall consent to Landlord's request to carry such insurance if Landlord reasonably determines, from time to time, taking into account Tenant's financial condition, that the value of minimizing the risk of loss outweighs the financial burden of carrying such insurance), including including, without limitation, coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building Premises required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws Applicable Law as the result of a covered cause of loss, but not including plate glass insurance. Said Such policy or policies shall also contain an agreed valuation provision (in lieu of any co-insurance coinsurance clause), and waiver of subrogation. If such insurance coverage has a deductible clause, the deductible amount shall not exceed Five Thousand Dollars and No Cents ($5,000.00) per occurrence, and inflation guard protection causing an increase Tenant shall be liable for such deductible amount in the annual property insurance coverage amount by a factor event of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are locatedan insured loss.

Appears in 1 contract

Samples: Lease (Pinnacle Entertainment Inc)

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease Term a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, involved such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's ’s personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's ’s policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 1 contract

Samples: Lease Agreement (Aperion Biologics, Inc.)

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any Lender(s), but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any coSee Addendum Paragraph 75. MULTI-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.TENANT - - MODIFIED NET

Appears in 1 contract

Samples: Pharmchem Inc

Building and Improvements. Lessor shall obtain and keep in force during the term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to any Lender(s), insuring against loss or damage to the Premises. Such insurance shall be for full replacement cost, as the same shall exist from time to time, or the amount required by any and Lender(s), but in no event more than the commercially reasonable and available insurable value thereof thereof, if, by reason of the unique nature or an age of the improvements involved, such latter amount is less than full replacement cost. Lessee-Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property shall be insured by Lessee pursuant to Paragraph 8.4. If the coverage is available and commercially appropriate, Lessor's policy or policies shall insure against all risks risk of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a LenderLender or included in the Base Premium), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of or subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located.

Appears in 1 contract

Samples: Premium Cigars International LTD

Building and Improvements. Lessor The Insuring Party shall obtain and keep in force during the term Term of this Lease a policy or policies in the name of Lessor, with loss payable to Lessor and to the holders of any mortgages, deeds of trust or ground leases on the Premises ("Lender(s)"), insuring against loss or damage to the Premises. Such The amount of such insurance shall be for equal to the full replacement costcost of the Premises ($608,920.00) at time of lease commencement), as the same shall exist from time to time, or the amount required by any Lender(s)Lenders, but in no event more than the commercially reasonable and available insurable value thereof if, by reason of the unique nature or age of the improvements involved, such latter amount is less than full replacement cost. Lessee-If Lessor is the Insuring Party, however, Lessee Owned Alterations and Utility Installations, Trade Fixtures and Lessee's personal property Installations shall be insured by Lessee pursuant to under Paragraph 8.48.4 rather than by Lessor. If the coverage is available and 128 commercially appropriate, Lessor's such policy or policies shall insure against all risks of direct physical loss or damage (except the perils perks of flood and/or and or earthquake unless required by a Lender), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building Premises required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered cause of loss, but not including plate glass insurance. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $1,000 per occurrence, and Lessee shall be liable for such deductible amount in the event of an Insured Loss, as defined in Paragraph 9.1(c).

Appears in 1 contract

Samples: Worldwide Medical Corp/Ca/

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